Terms of Use


  • 1. Introduction
    • 1.1. These terms and conditions which govern use by Members 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 and/or benefit from the Services as a Member, you need to register as a user and agree to comply with these terms and conditions.
    • 1.5. If you are accessing the Platform to book the Services on behalf of a Member, you warrant:
      • (a) that you are authorised to do so by that Member; and
      • (b) you will commit that Member to these Terms and Conditions.
    • 1.6. These terms and conditions govern use of the Platform by Members. If you are wanting to have access to the Platform as a Hero please click here.
    • 1.7. 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.
      • 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.
      • Member Profile the online profile a Member creates about themselves which includes photos and personal details about that Member and allows them to search for Heroes and book the Services.
      • NDIS means the National Disability Insurance Scheme.
      • Services means the non-medical care and companionship services which the Hero promotes and provides to you 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. Agreement
    • 3.1. By creating a Member Profile on the Platform you agree to comply with these terms and conditions. 
    • 3.2. You will book and receive the Services from Heroes, who you engage with to provide the Services through the Platform.
    • 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 Hero.
  • 4. Your Responsibilities
    • 4.1. The responsibilities in this clause apply when you are booking and receiving the Services from Heroes, unless otherwise stated.
    • 4.2. You must behave in a manner that is consistent with our Member Standards Guide.
    • 4.3. You are expected to behave at all times in way that does not result in any damage to our reputation.
    • 4.4. You must comply with the policies and procedures we publish on our website that applies to Members, including the following:
    • 4.5. Your failure to comply with our policies and procedures and/or Member Standards Guide may result in suspension and/or termination of your right to use the Platform. 
    • 4.6. You must:
      • (a) comply with all applicable Laws when using the Platform and receiving the Services; 
      • (b) bear all costs and expenses related to your use of the Platform.
    • 4.7. During and for a period of 12 months following when you cease to be a Member you must not, without our prior written consent, engage with any of our Heroes, for the purpose of booking the Services, outside of the Platform.
    • 4.8. You must provide to us, at your expense and on our request, with the following:
      • (a) valid credit card information (if applicable);
      • (b) valid NDIS details (if applicable);
      • (c) evidence of your age and identity;
      • (d) criminal records checks; and
    • 4.9. You warrant that all information so provided and any information provided when you registered as a Member, is true accurate and complete.
    • 4.10. 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.
    • 4.11. 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. We will only use your name together with your images and other information in your profile on the Platform for the purpose of our marketing of the Platform when you give us your approval to do so in writing. This licence will automatically terminate when you close your account on the Platform.
    • 4.12. In order to use the Platform, you must provide us with certain information about yourself. We will handle and store this information in accordance with our privacy policy.
  • 5. Insurance
    • 5.1. Our insurance does not provide cover to anyone other than Home Care Heroes Pty Ltd and our staff.
    • 5.2. We encourage Members obtain insurance to provide cover in respect of any liability arising from:
      • (a) damage to your property whether or not caused by a Hero; and
      • (b) death of or injury to any person at your property whether or not caused by a Hero.
    • 5.3. You may already have a home and contents insurance policy or another type of insurance policy which covers you for any liability arising in connection with the liabilities referred to in clause 5.2.
  • 6. Our Responsibilities
    • 6.1. We will provide you with access to the Platform.
    • 6.2. A booking for the Services is confirmed when the booking status on your dashboard on the Platform changes to ‘confirmed’.
    • 6.3. We may, at any time, enhance and/or alter the features of the Platform at our sole discretion and without notice to you.
    • 6.4. We will engage a third-party payment facilitator to enable you to book and pay for the Services without us collecting your payment details.
  • 7. Fees and Payment
    • 7.1. We are responsible for setting the amount of the Service Fees which are charged by a Hero to a Member for the Services provided by that Hero to that Member.
    • 7.2. We will charge you the Service Fee. We reserve the right to vary the Service Fees at any time but will give you not less than 30 days’ notice of any change.
    • 7.3. The Hero will invoice you for the Service Fees it is entitled for the Services it has provided to you. We will send you this invoice on the Hero’s behalf.
    • 7.4. The invoice which will contain sufficient information to enable you to know the amount of gross payments you have made and to which Heroes in any period.
    • 7.6. We will collect the Service Fees on behalf of the Heroes. 
    • 7.7. If you are entitled to receive benefits under the NDIS, the following sets out how the type of NDIS Members pay for the Platform Fees and make an NDIS claim:
    • Type of NDIS Member

      Method of Payment

      Method of NDIS Claim

      Self-Managed:

      A person who is entitled to NDIS entitlements and manages their NDIS plan themselves.

      Member pays the Platform Fee through the Platform by credit card (No Fees).

      A Member can either:

    • claim directly from their allocated NDIS budget; or
    • make a claim to the NDIS first and then pay the Platform Fee.
    • Plan-Managed:

      A person who is entitled to NDIS entitlements and receives funding for a plan manager who manages their plan.

      The invoice for the Platform Fees will be sent to the plan manager who will pay the invoice on behalf of the Member.

      The plan manager will make the claim to the NDIS on the Member’s behalf.

      Agency-Managed:

      A person who is entitled to NDIS entitlements and the NIDA manages their plan.

      The Member give HCH a service booking – an amount of money, time period and nominates the support category – and HCH receives the Platform Fee from the NDIS.

      We make a claim directly to the NDIS on your behalf.

    • 7.8. We will keep and maintain true, complete and accurate financial records of the gross Service Fees paid by you. These records will be made available to you on the Platform.
    • 7.9. GST is not chargeable, under the current Law, on the Services Fees charged to you.
  • 8. Liability
    • 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 7.2, our total and aggregate liability for loss suffered or sustained by you or a Hero 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.
    • 8.4. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
    • 8.5. For the purposes of clause 7.4, 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 these terms and conditions (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.
    • 8.6. 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 the Services; or
      • (b) the loss or destruction of, or damage to, any tangible property of the Member or any person in connection with the 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) Heroes for any bookings that may have been received but do not result in provision of the Services as a result of the Closure; or
      • (b) you for not be able to benefit from the provision of the Services which you have booked.
  • 10. Feedback and Complaints
    • 10.1. If you wish to make any comments about the Platform or your experience as a Member, we encourage you to provide us feedback by contacting us by either:
    • 10.2. We have established an Incident Reporting Policy and Complaints Policy to enable you to report and incident and/or make a complaint.
    • 10.3. These policies describe the procedure which we follow to manage your complaints and find a resolution we are continuously trying to improve our management to provide a better Platform.
  • 11. Updates to these Terms and Conditions
    • 11.1. We may change these terms at any time. If we make changes, we will take reasonable steps to let you know about the changes.
    • 11.2. 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.
  • 12. Notices
    • 12.1. 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.
    • 12.2. 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.
  • 13. General
    • 13.1. Any confidential information disclosed by us to you must be kept confidential by you and only used for the purpose of providing the Services.
    • 13.2. 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. 
    • 13.3. 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.
    • 13.4. 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.
    • 13.5. The rights and obligations in clauses 3, 4, 7, 8, 10 and 11 will survive the termination or expiry of these terms and conditions.
    • 13.6. 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.
    • 13.7. 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.