This agreement governs your use of any health technology service provided by T-Shirt Ventures, including HeyHubble and Provider Choice (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and the following related companies: Australian Ability Enterprises Pty Ltd ABN 14 629 635 552 operating as T-Shirt Ventures, HeyHubble Pty Ltd ABN 42 641 312 594, and Provider Choice Plan Management Pty Ltd ABN 96 627 164 194 operating as Provider Choice (collectively, the Group, ‘we’ or ‘us’).
The remainder of this agreement is divided into three parts:
• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Service Providers), which sets out additional terms that apply to Service Providers, being any service provider (including NDIS service providers) maintaining an account or profile, offering services and responding to requests of Participants through the Platform’s marketplace; and
• Part C (Participants), which sets out additional terms that apply to Participants, being any customer or NDIS participant and/or their authorised representatives including nominees where applicable, who request to receive services from:
(a) the Group directly; or
(b) from Service Providers on the Platform’s marketplace.
If you intend to use the Platform as a Service Provider, only Parts A and B of these terms will apply to you.
If you intend to use the Platform as a Participant, only Parts A and C of these terms will apply to you.
Part A - All Users
1 HOW TO READ THIS AGREEMENT
To make it easier for you to understand the terms on which we provide our Platform, we've tried to keep the terms of this agreement (agreement) as simple as possible by using plain English.
(a) When we talk about the “Services” in this agreement, we are referring to the services available through the Platform and any associated services we offer.
(b) When we talk about “NDIS”, we are referring to the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 (Cth) and any codes of conduct, standards and rules and regulations.
(c) We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
Please have a careful read through this agreement before using the Platform and please let us know if you have any questions. If you don't agree to this agreement, please don't use the Platform.
2 GETTING IN TOUCH WITH US
If you have an enquiry, any feedback or complaints about the Platform, you can contact us by sending an email to hello@tshirtventures.com.au or any contact functionality available on the Platform and we will direct it to the appropriate person. If your complaint or enquiry relates to a product or service from a Service Provider, we may direct your complaint or enquiry to the Service Provider.
3 ELIGIBILITY
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old (Minor) or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of a Minor and consent to that Minor’s use of the Platform.
(b) Please do not access the Platform if you are a Minor and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
(c) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
4 USING THE PLATFORM ON BEHALF OF ANOTHER PERSON (SUPPORT COORDINATORS)
If you are using the Platform, including signing up as a User, on behalf of someone else (such as a Participant), including if you are a nominee, representative or Support Coordinator under the NDIS, then this clause applies to you. By signing up, creating an Account, or otherwise using the Platform you agree and warrant that:
(a) you have legal authority and consent from the Participant (or the person) you are representing to enter into this agreement and use the Platform on their behalf and you agree to provide evidence of this authority and consent to us if we ask for it;
(b) if at any point the person you are representing (i.e. the Participant) revokes their authority and consent, or otherwise does not wish for you to be using the Platform on their behalf, you will inform us and immediately cease using the Platform on behalf of that person;
(c) if you are accessing our Platform to perform or provide NDIS services, you are responsible for ensuring you are compliant with, and are providing services in accordance with all applicable NDIS codes of conduct, standards and rules and regulations;
(d) you assume the responsibility for ensuring you pass on any applicable information to the Participant/person that you are representing;
(e) you release and discharge the Group from all claims arising from, or in connection with, the Platform and any issues between you and the Participant/person you are representing; and
(f) you agree to indemnify, keep indemnified and hold harmless the Group, to the extent permitted by law in respect of any claim as a result of or in connection with your use of the Platform.
If at any point we become aware of your misuse of our Platform, including if a Participant contacts us to inform us they would no longer like you to have access to the Platform on their behalf, we reserve the right to immediately suspend, cancel or otherwise revoke your access to our Platform.
5 ACCOUNTS
(a) In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
(b) As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Group from time to time.
(c) You warrant that any information you give to the Group in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
(d) Once you complete the Account registration process, the Group may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(e) The Group reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(f) The Group may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
6 COLLECTION NOTICE AND PRIVACY
(a) We collect personal information about you in order to provide you with the Platform, our associated services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Sometimes, we collect this information from a third party.
(b) We may collect sensitive health information about you during the course of providing you with the Services (for example, if you are plan managed by us). We only collect the information that you choose to provide us in order to assess your requirements and provide you with Services.
(c) If you are providing personal or sensitive information on behalf of someone else, you must ensure they consent for their personal and/or sensitive information to be collected. If that person is a Minor, you must be that Minor’s parent or legal guardian.
(d) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
(e) By using our Platform, you agree to be bound by the clauses outlined in our Privacy Policy at https://tshirtventures.com.au/privacy-policy.
7 USER OBLIGATIONS
We need you to understand obligations about how you will use the Platform. As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Group of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
(c) to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Group;
(d) not to act in any way that may harm the reputation of the Group or associated or interested parties or do anything at all contrary to the interests of the Group or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Group;
(f) not to attempt to breach the security of the Platform or its system security, or otherwise interfere with the normal function of the Platform, including by:
(i) gaining unauthorised access to the Group’s accounts or data about other users of the Platform;
(ii) automatically searching or mining data from the Platform;
(iii) scanning, probing or testing the Platform for security vulnerabilities;
(iv) overload, flood, mailbomb, crash or submit a virus to the Platform or the Group’s system;
(v) instigate or participate in a denial-of-service attack against the Platform or the Group’s system; or
(vi) otherwise interfering with the Platform’s infrastructure; and
(g) that the Group may change any features of the Platform or Services offered through the Platform at any time without notice to you;
(h) that information given to you through the Platform, by the Group or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
(i) that the Group may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 7.
8 POSTING ON THE PLATFORM
8.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
(a) you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable laws.
8.2 LICENCE
(a) You grant to the Group a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Group to use, exploit or otherwise enjoy the benefit of such Posted Material.
(b) If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Group from any and all claims that you could assert against the Group by virtue of any such moral rights.
(c) You indemnify the Group against all damages, losses, costs and expenses incurred by the Group arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
8.3 MODIFICATION AND REMOVAL
(a) The Group acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Group may, in its absolute discretion, review, modify and/or remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Materia.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
9 REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
The Group will have no liability or obligation to you if, when using our marketplace:
(a) a Participant or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or
(b) for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,
and you will not be entitled to any compensation from the Group.
10 ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partner, currently Xero (Online Payment Partner) to collect payments for our Services.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(c) You agree to release the Group and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
11 SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that the Group cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) messages sent through the Platform will be delivered promptly, or delivered at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
12 INTELLECTUAL PROPERTY
(a) The Group retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Service Content)) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of the Platform including making listings, profiles and engaging with other Users. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Group or as permitted by law.
(c) In this clause 12, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
13 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Group accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
14 THIRD PARTY TERMS
(a) Any service that requires the Group to acquire goods and services supplied by a third party on behalf of the Participant (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
(b) Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing the Group to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
15 DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Group via hello@tshirtventures.com.au or using the functionality available on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) The Group has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) If you have a dispute with the Group, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(f) Notwithstanding any other provision of this clause 15, you or the Group may at any time cancel your Account or discontinue your use of the Platform.
16 SECURITY
The Group does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You:
(a) are responsible for keeping your password secure and to not share this with others; and
(b) should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
17 DISCLAIMERS
17.1 NO ADVICE
Any information on the Platform is provided to you as general information only. Any information on the Platform is not medical, legal, financial, professional advice of any type, or advice on how to comply with the NDIS and should not be relied on as such. We do not intend to diagnose, treat, cure or prevent any disease or disability. If you need professional advice, or need medical assistance, we suggest you see an independent professional. We accept no responsibility from any adverse effects from using the information provided to you in the Platform.
17.2 OUR MARKETPLACE
If you are using the Platform to participate in our marketplace offerings, and you are not directly plan managed by the Group, the following disclaimers apply to you.
(a) (Introduction service) The Platform provides a medium that facilitates the introduction of Participants and Service Providers for the purposes of providing NDIS services. The Group simply collects a Service Fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Participants and Service Providers in relation to such services or otherwise resulting from the introduction.
(b) (Risk) We provide the Platform as-is and you will be responsible for any issues with you and the NDIS, a Service Provider, your nominee, support coordinator or anyone else assisting you.
(c) (NDIS) You are at all times responsible for the management of your NDIS Plan. We will not be held responsible for any issues involving your NDIS plan or non-compliance, non-attendance at any appointments, non-payment of any fees due, or any other issues that may arise.
17.3 LIABILITY
(a) (Limitation of liability) To the maximum extent permitted by applicable law, the Group excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
(b) (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(c) (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
(d) (Indemnity) You agree to indemnify the Group and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Services from another User.
(e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will the Group be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
18 CONFIDENTIALITY
You agree that:
(a) no information that is owned by the Group, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
(b) information relating to the operations of the Platform, including any commission or payment structure in using the Platform, are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
19 TERMINATION
(a) The Group reserves the right to terminate a User’s access to any or all of the Platform (including any listings, memberships or Accounts) at any time without notice, for any reason.
(b) In the event that a User’s Account is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User may be unable to view the details of all other Users on the marketplace (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of other Service Providers on the marketplace (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
(c) Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, the Group will effect such termination within a reasonable time after receiving written notice from the User.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
20 LOCATION
The Group controls the operation of the Platform from headquarters located in Australia. Some parts of the Platform may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
21 TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and the Group will not be held accountable in relation to any transactions between Participants and Service Providers where tax related misconduct has occurred.
22 RECORD / AUDIT
To the extent permitted by law, the Group reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving the Group.
23 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party,
whichever is earlier.
24 GENERAL
24.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
24.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
24.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (gender) words indicating a gender includes the corresponding words of any other gender;
(c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(h) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(i) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(j) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Part B - Service Providers
1 ELIGIBILITY AND QUALIFICATIONS
(a) You must verify that any Participant is over 18 years old or has their parent or legal guardian’s consent to use the Platform.
(b) If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain valid qualifications (Qualifications), you warrant to the Group that you do hold such Qualifications and if requested, will promptly provide the Group with evidence of the Qualifications.
(c) If you are offering services to Minors on the Platform, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. The Group is under no obligation to confirm the status of your eligibility to work with Minors. You indemnify the Group against any claim that may arise in connection with your eligibility to work with Minors.
2 SERVICE LISTINGS
You acknowledge and agree that:
(a) you must use your best endeavours to provide as much information as possible in any listing you submit to the Platform in which you offer to provide services (Service Listing);
(b) the Group may choose not to accept any Service Listing you submit to the Platform, and the Group may limit the number of Service Listings you can submit to the Platform;
(c) any information you supply in a Service Listings must be true, timely and accurate;
(d) you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Participant, including by not cancelling any part of such a Service Listing;
(e) you must deal with any dispute with a Participant in accordance with clause 15 of Part A;
(f) any additional terms and conditions relating to a Service Listing, or a quote provided via the Platform, are solely between you and the relevant Participant and do not involve the Group in any way, except that they must not be inconsistent with your or the Participant’s obligations under this agreement; and
(g) the Group will have no responsibility for the accuracy, reliability or timeliness of any Participant’s response to a Service Listing.
3 PROVISION OF SERVICES
(a) You must ensure that all services specified in a Service Listing that is accepted by a Participant are provided:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) so that the services are fit for their intended purpose; and
(iv) on the date and at the times set out in the Service Listing.
(b) You acknowledge and agree that a Participant may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 3 of Part C of this agreement.
4 NDIS
(a) The Service Provider must provide the Services to the Participant in accordance with the NDIS, and any required rules and guidelines of the NDIS including the Participant’s NDIS plan if applicable.
(b) The Service Provider must ensure that it has any required clearance for providing the Services under the NDIS, including an NDIS worker screening check (at the Service Provider’s cost).
(c) If applicable, the Service Provider must only invoice or charge Quoted Amounts to Participants, as applicable, in accordance with the NDIS Price Guide, NDIS Support Catalogue or any other NDIS requirements.
(d) The Service Provider may be able to charge different amounts to the Participant depending on the Participant’s plan and any applicable NDIS rules, including for self-managed Participants. The Service Provider acknowledges that they may be provided with further information from the Group on pricing and services and must at all times comply with any rules, prices and guidelines of the NDIS regardless.
(e) It is the Service Provider’s responsibility to ensure that any Services required for the NDIS are funded under the Participant’s plan and that a Participant has funding for that particular service. Provider Choice will not be liable for any issues with non-payment of any services or non-compliance with the NDIS.
5 FEES
(a) Viewing the Platform and posting a Service Listing is free.
(b) You must quote the cost of providing any services agreed with a Participant through a Service Request (defined in clause 2.1 of Part C) or Service Listing (Quoted Amount).
(c) When a Participant agrees to receive services from you, they must pay the Quoted Amount to you in accordance with any agreed payment terms between you and the Participant.
(d) We will charge you a percentage of the Quoted Amount for each Service Listing that is accepted by a Participant (Service Fee).
(e) If we send you an invoice for the payment of Service Fees, you must pay for the Service Fee using our Online Payment Partner and in accordance with the due date set out in the invoice.
(f) The Group reserves the right to change or waive the Service Fee at any time by providing you with at least 14 days’ written notice and upon receipt of such notice, you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
(g) You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
6 REFUNDS & CANCELLATIONS
(a) Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact the Participant.
(b) You must ensure that your cancellation policy and refund policy in relation to you or Participants cancelling an accepted Service Listing complies with all applicable laws.
(c) The Service Fee is by default non-refundable for change of mind. However, the Group may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
7 BINDING CONTRACT
You agree that when a Participant submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Participant with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Participant) when you respond to an email or message on the Platform confirming that you accept the Participant’s offer.
8 WARRANTIES
By listing yourself as a Service Provider on the Platform, posting a Service Listing or responding to or accepting a Service Request, you represent and warrant that:
(a) you are able to fulfil the requirements of the services specified in the Service Listing or Service Request;
(b) you will provide services to each Participant:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
(ii) in compliance with all applicable laws; and
(c) any individuals involved in your performance of services to any Participant have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
Part C - Participants
1 YOUR INFORMATION AND THE NDIS
While the Platform is intended to help you, you acknowledge and agree that:
(a) you are responsible for all information about you on the Platform;
(b) you represent and warrant that all information you provide to us is complete, accurate, complies with all laws and NDIS guidance, and is otherwise not misleading
(c) you will update us promptly if any information changes;
(d) you are responsible for the management of your NDIS plan (such as making claims and giving any evidence asked for by the NDIS or the Service Provider) and we will not accept any liability or claims regarding your compliance or obligations under the NDIS; and
(e) you are responsible for entering into any service agreements required for the NDIS.
2 PARTICIPANTS USING THE MARKETPLACE
If you are using the Platform as a Participant on the Platform’s marketplace, then this clause 2 of this Part C applies.
2.1 SERVICE LISTINGS, SERVICE REQUESTS AND FEES
(a) When you submit a request for services on the Platform (Service Request), you must truthfully fill out all the information requested by the Platform in relation to the Service Request.
(b) You acknowledge and agree that:
(i) if you respond to a Service Listing or confirm a Service Request once a Service Provider responds to it, that will constitute your offer and intention to enter into a contract with the Service Provider;
(ii) for each Service Request and each offer you submit in response to a Service Listing on the Platform that is accepted by the relevant Service Provider, you must pay the Quoted Amount to the Service Provider in accordance with the agreed payment terms between you and the Service Provider;
(iii) the Group will keep a Service Fee from the Service Provider which will not be an additional charge to you; and
(iv) any terms and conditions or agreement relating to services or a quote provided via the Platform are solely between you and the relevant Service Provider and do not involve the Group in any way, except that such terms and conditions must not be inconsistent with your or the Service Provider’s obligations under this agreement.
2.2 PAYMENT
You must pay for any services agreed between you and a Service Provider in accordance with the payment terms agreed between you and a Service Provider in writing.
2.3 CANCELLATIONS
(a) The Group will have no liability or obligation to you if a Service Provider cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from the Group in relation to any such cancellation, including any portion of the Service Fee.
(b) If you wish to cancel services specified in an agreed Service Listing, before the Service Provider has performed them, you must contact the Service Provider. If the Group decides to investigate your cancellation, you must provide assistance and information to the Group as reasonably requested.
3 REVIEWS
(a) Participants may rate a Service Listing and/or may provide feedback to Service Providers regarding the services Participants received from them (Review).
(b) Reviews can be viewed by any User on the Platform.
(c) Participants must only provide true, fair and accurate information in their Reviews. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Participant from posting further Reviews. We do not undertake to review each Review made by Participants.
(d) To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
(e) You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
(i) you have purchased a product or service from that Service Provider via the Platform; or
(ii) you have placed an order with the Service Provider via the Platform; or
(iii) you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform, (collectively referred to as a Service Experience).
(f) You may only write about your own Service Experience. You may not write a Review about a Service Provider:
(i) you have previously owned, currently own, or which an immediate family member currently owns;
(ii) if the Review is about somebody else’s Service Experience (except if you are a nominee, parent or legal guardian);
(iii) if you have a personal interest in the Service Provider (aside from accepting services from them);
(iv) if you are an executive or employee of that Service Provider;
(v) if you work for the Service Provider; or
(vi) if that Service Provider is a direct competitor to a service you own, are employed by or work for.
(g) You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.
4 LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of the Group;
(b) the provision by the Group of introductions to Service Providers does not imply any endorsement or recommendation by the Group of any Service Provider;
(c) the Group does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
(d) any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 2.1 of this Part C and do not involve the Group in any way.
Our terms and conditions were last updated on 2 August 2021.
