1.1. These terms and conditions which govern use by Heroes of the Home Care Heroes website and app (together referred to as Platform). The Platform is available at homecareheroes.com.au.
1.2. The Platform is provided by Home Care Heroes Pty Ltd (ABN: 30 609 427 349) (we, us and our) to users. These users may be:
(a) Heroes who are willing to provide non-medical care and companionship services (Heroes); or
(b) those who want non-medical care and companionship services (Members).
1.3. The Platform enables Members to find and connect with Heroes.
1.4. To access and use the Platform as a Hero, you need to register as a user and agree to comply with these terms and conditions.
1.5. These terms and conditions govern use of the Platform by Heroes. If you are wanting to have access to the Platform as a Member please click here.
1.6. When a Member books a Hero’s services through the Platform, an agreement will come into existence between the Hero and the Member. That agreement contains terms and conditions which are available in Companionship Agreement.
You must read the terms and conditions of the Companionship Agreement before you accept a booking.
2. Definitions and Interpretation
2.1. In these terms and conditions, the definitions have the following meanings:
Hero means a person who is a registered as a user of the Platform as a person who wants to provide non-medical care and companionship services to Members.
Hero Profile means the online profile a Hero creates to promote their services to Members which includes photos and personal details about that hero.
Law means any Commonwealth, State, Territory or local government legislation in force in Australia.
Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.
Member means a person who is a registered as a user of the Platform as a person who wants non-medical care and companionship services provided to them by Heroes.
Platform Fee means the fee charged by us to a Hero (out of Service Fees to which that Hero is entitled) for providing access to the Platform and related services to each Hero as specified in Pricing & Expenses.
Services means the non-medical care and companionship services you promote and provide to Members through the Platform.
Service Fee means the fee charged by a Hero to a Member for that Hero’s Services.
2.2. In these terms and conditions, unless the context otherwise requires:
(a) words denoting any gender include all genders;
(b) headings are for convenience only and do not affect interpretation;
(c) the singular includes the plural and vice versa;
(d) a reference to a party includes its successors and permitted assigns;
(e) a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
(f) a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.
3.1. By creating a Hero Profile on the Platform you agree to comply with these terms and conditions.
3.2. You will provide your Services to each Member, who engages you to provide Services through the Platform. You acknowledge and agree that you will do this as an independent contractor.
3.3. Nothing in these terms and conditions constitutes a relationship of employer and employee, principal and agent or partnership between you and us or between you and a Member.
4.5. Your failure to comply with our policies and procedures and/or the Hero Standards Guide may result in suspension and/or termination of your right to use the Platform.
4.6. You must:
(a) provide your Services with reasonable care and in accordance with all applicable Laws;
(b) bear all costs and expenses related to your use of the Platform and provision of Services to Members.
4.7. During and for a period of 12 months following when you cease being a Hero you must not directly or indirectly establish or operate a business which is in the same business as us or which offers a service that is substantively similar to that offered by us.
4.8. During and for a period of 12 months following when you cease being a Hero you must not without our prior written consent:
(a) solicit, canvass, approach or accept an approach from a person (who was at any time during the 12 months prior to the date you ceased being a Hero) a Member or client with an intention to obtaining their custom;
(b) interfere with the relationship between the us and our Members, clients, employees or suppliers; or
(c) induce or help to induce an employee or contractor of ours to leave their employment or terminate their contract.
4.9. You must provide to us, at your expense and on our request, with the following:
(a) evidence of your age and identity;
(b) evidence of your previous employment and qualifications;
(c) a valid Australian Driver’s Licence;
(d) criminal records checks;
(e) Working With Children check; and
(f) an Australian Business Number (ABN).
4.10. You warrant:
(a) you have valid Australia working rights as are required so you can provide your Services; and
(b) that all information so provided and any information provided when you registered as a Hero, is true accurate and complete.
4.11. You must not, in relation to your use of the Platform:
(a) impersonate others;
(b) misrepresent your affiliation with others;
(c) share your log in details and passwords to any other person;
(d) interrupt or attempt to negatively impact or alter the operation of the Platform in any way;
(e) engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or us;
(f) use the Platform in a way that violates applicable laws, that violates the intellectual property rights or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory.
(g) reverse engineer, decompile or disassemble the Platform or use the Platform to develop a solution that is the same or substantially similar to the Platform;
(h) licence, sell, rent, lease, transfer, assign or otherwise commercially exploit, or otherwise make the Platform available to any third party;
(i) except as permitted under this agreement, modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials made available through the Platform; or
(j) engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law.
4.12. You grant to us a royalty-free, non-exclusive licence to use your name together with your images and other information in your profile on the Platform for the purpose of promoting you on the Platform and for the purpose of our marketing of the Platform. This licence will automatically terminate when you close your account on the Platform.
5. Our Responsibilities
5.1. We will provide you with access to the Platform.
5.2. A booking for your Services is confirmed when the booking status on your dashboard on the Platform changes to ‘confirmed’.
5.3. We may, at any time, enhance and/or alter the features of the Platform at its sole discretion and without notice to you.
5.4. We will engage a third-party payment facilitator to enable Members to book and pay for your Services without us collecting payment details.
6. Fees and Payment
6.1. We are responsible for setting the amount of the Service Fees which are charged by a Hero to a Member for Services provided by that Hero to that Member.
6.2. We will charge you the Platform Fee and retain it out of Service Fees received on your behalf. We reserve the right to vary both Service Fees and Platform Fees at any time but will give you not less than 30 days’ notice of any change.
6.3. The Service Fees to which a Hero is entitled will be invoiced by us, in respect of the Members to whom the Hero has provided Services.
6.4. We will do this (as the agent of the Member) by issuing a recipient created tax invoice once the Service has been provided. The invoice which will contain sufficient information to enable the Hero to know the amount of gross income they have earned and from which Member in any period.
6.5. The Service Fees we invoice to Members will be paid to us (and received by us on your behalf) by Members.
6.6. Following receipt of Service Fees to which a member is entitled, we will account to you for those Fees.
6.7. When we do this, you will receive from us:
(a) the sum of the gross Service Fee paid by the Member less the Platform Fee payable by you to us in respect of that gross Service Fee; and
(b) our invoice for the Platform Fee.
6.8. We will keep and maintain true, complete and accurate financial records of the gross Service Fees generated by you and amounts we have invoiced you for Platform Fees. These records will be made available to you on the Platform.
6.9. GST is not chargeable, under the current Law, on the Services Fees charged to Members.
6.10. GST is chargeable by us and payable by you on the Platform Fees.
7.1. You have the benefit of a public liability policy we have established for the benefit of our Heroes. Details of the policy are available here.
7.2. We will provide you with general information about this policy but you are responsible for confirming that the policy is suitable for you or if you want to obtain additional insurance.
7.3. There is no additional cost for this insurance.
8.1. We are not responsible for any communication, interaction or relationship between you and any other users of the Platform, whether or not it occurs on the Platform or by another means.
8.2. Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to these terms and conditions to the extent required by Law.
8.3. Subject to clause 8.2, our total and aggregate liability for loss suffered or sustained by you or a Member in connection with the provision of the Platform:
(a) whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
(b) whether or not arising pursuant to an indemnity in these terms and conditions, is limited to us providing you with access to the Platform again. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
8.4. For the purposes of clause 8.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.
8.5. You agree to indemnify, defend and hold us (and each of our officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
(a) the death or illness of, or personal injury to, any individual in connection with provision of your Services; or
(b) the loss or destruction of, or damage to, any tangible property of the Hero or any person in connection with the Hero Services, except to the extent such Loss arises from our wilful misconduct.
9. Termination and Suspension
9.1. We reserve the right to suspend or terminate your right to use the Platform if, at any time, you breach these terms and conditions.
9.2. You may terminate your use of the Platform by closing your account.
9.3. If the Platform is shut down for any reason (Closure) we will give you as much notice as is practicable of a Closure. In this case we will have no liability to:
(a) you for any bookings that may have been received but do not result in provision of your Services as a result of the Closure; or
(b) Members who may not be able to benefit from the provision of your Services which they have booked.
10. Updates to these Terms and Conditions
10.1. We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
10.2. If you access the Platform following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed. If you do not agree with changes to the terms and conditions, you can choose to close your account with us.
11.1. Notices given under these terms and conditions must be in writing and delivered by email to the recipient’s email address specified on the Platform.
11.2. A notice is taken to be duly given and received if delivered by email on the business day after it is dispatched if the sender does not receive a message to the effect that the sender is ‘out of office’ or that delivery has failed.
12.1. Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Services.
12.2. We have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform any general suggestions, enhancement requests, recommendations or other feedback provided by you.
12.3. We reserve the right to monitor your use of the Platform for the purpose of ensuring that the Platform is functioning as we intended and that users are complying with these terms and conditions.
12.4. Each of us must (at our own expense) do all things as the other party asks as may be reasonably required or necessary to give the other the full benefit of any obligations owed to the other and expressed in these terms and conditions.
12.5. The rights and obligations in clauses 3, 4, 8, 9, 11 and 12 will survive the termination or expiry of this Agreement.
12.6. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
12.7. These terms and conditions are governed by the laws of the State of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.