Aged Care Services Terms Of Use – Users
In addition to the Mobility Terms of Use – Users, the following Terms of Use apply to Users of Aged Care Services.
In these Terms of Use, unless and alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Mobility Terms of Use – Users.
1. Requesting Services
1.1 The Platform allows You to send a request to make a booking for aged care services (Services) from a particular provider of those services (Aged Care Provider) at a time and for a duration of your selection.
1.2 If your request for Services is accepted by the Aged Care Provider, We will provide:
(a) You with a booking confirmation through the Platform, and information regarding the Aged Care Provider which will include the Provider’s name, vehicle details (including registration number, make and model) if Services require transportation, mobile phone number, a picture of the Aged Care Provider and any other details We consider appropriate including history and references; and
(b) the Aged Care Provider with Your details (including address) and the details of the Services requested (as entered on the Platform) as necessary to enable the Aged Care Provider to provide the Services.
1.3 You must:
(a) only contact Providers via the instant messaging service provided through the Platform; and
(b) not contact any Provider or otherwise use any of their personal information other than for the purpose of receiving Services.
2. Eligibility for Support
The Platform does not make any representations as to any eligibility or assessment of eligibility for Aged Care Services and related financial or legal support. The use and funding for these services remain subject to the provisions of the Aged Care Act 1997 (Cth) and any related or subordinate legislation, as amended from time to time.
3. Accuracy and Availability
You should carefully evaluate the accuracy, currency, completeness and relevance of the Information provided on the Platform, and you should obtain appropriate professional advice relevant to your particular circumstances. In particular, information about the availability, cost and types of services offered by an Aged Care Provider, including any particular specialisation or ability to deliver services to people with diverse backgrounds and life experiences, is supplied by the aged care service provider.
4. Checks:
4.1 Mobility does not verify, review, evaluate, interview, screen, vet or perform background checks on Aged Care Providers other than as part of the on-boarding process for the Platform.
4.2 Pursuant to clause 4.1 above, Mobility notes that it is the responsibility of all Users to check the identification, and the documentation provided on the Platform, of the Aged Care Provider prior to the provision of Services. Mobility also recommends all Users exercise due skill and care in verifying the identity of any Aged Care Provider prior to the provision of Services.
5. Agreement for Services
5.1 The agreement for the Aged Care Provider’s provision, and Your receipt, of the Services will be an agreement solely between the Aged Care Provider and You. The terms of this agreement are available here and you will need to accept them to book the Services. At no time will Mobility have any obligations or liabilities in respect of such agreement.
5.2 Participants are the potential employers of Aged Care Providers (depending on frequency of use) and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation (including minimum wage laws), occupational health and safety legislation, and worker’s compensation insurance or benefit programs.
6. Workplace Safety Assessment
6.1 As a part of receiving Services through the Platform, You acknowledge and agree that:
(a) the first time a Provider attends Your home they will complete the Workplace Safety Assessment (found here ) (WSA) for Your premises and submit the WSA to the Platform; and
(b) the WSA may be attached to Your Account and may be viewed by any Provider whom You engage to provide Services to You.
7. Risk
7.1 There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
7.2 Mobility makes no representations or warranties that you will find a suitable Aged Care Provider on the Platform or in respect of the Services’ fitness for purpose or suitability for you or your family.
8. Third Parties
8.1 Aged Care Providers are independent providers and are not employed or retained by Mobility.
8.2 You can select a number of different aged care services via this Platform. These aged care services are not provided by Us but are instead provided by third parties over whom we do not have control.
8.3 Mobility makes no representation that the service provider is suitably qualified, skilled and trained. You acknowledge that information supplied to Mobility by third party aged care service providers about their training skill, experience or qualifications may include omissions, inaccuracies or other errors, for which Mobility is not responsible. It is your responsibility to satisfy yourself that you wish to obtain any service before doing so.
8.4 The presence of a provider on this Platform does not constitute an endorsement by us of the provider or service, the content of the provider’s website, or the activities of the provider.
9. Cancellation
9.1 You may choose to cancel the Services by notifying the relevant Provider through the Platform at any time prior to the provision of the Services. If:
(a) You cancel the Services more than 24 hours prior to the agreed time and date for the provision of the Services, You will not be required to make any payment for the Services; and
(b) You cancel the Services less than 24 hours prior to the agreed time and date for the provision of the Services, You will be required to make payment for the cost of the first hour of the cancelled Service.
10. Lost property
10.1 If You forget or lose any personal property in a provider’s vehicle while receiving a Service, You should contact the Provider as soon as possible and arrange with them to try to locate the items.
11. Payment
11.1 You will be charged and must pay the total agreed fee for the Services displayed and accepted by You on the Platform (Agreed Fee). Mobility collects the Agreed Fee (plus any additional amounts and/or less any deductions agreed between Mobility and the Aged Care Provider) on behalf of the Aged Care Provider.
11.2 Payment of the Agreed Fee will be facilitated by the Platform though your authorised payment method.
11.3 If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account on the Platform (so it can be applied against any subsequent Service(s)) or refunded to You in accordance with and subject to applicable law.
12. No Advice
12.1 Your reliance on any health, financial or other advice provided by an aged care service provider is solely a matter between you and the Service Provider. Mobility disclaims any liability for any advice that may be provided by a service provider that is relied on by you, and you, you assume full responsibility for all associated risks.
13. Emergency
The Platform is not intended for use in emergency situations. If you are suffering an acute illness or emergency condition, please call 000.
14. Indemnities
14.1 To the maximum extent permitted by law, You will indemnify and hold harmless Mobility (and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Mobility arising out of or in connection with any:
(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services; or
(b) claim by an Aged Care Provider or any other third party caused by any of Your acts or omissions.
15. Liability
15.1 To the maximum extent permitted by all applicable laws:
(a) the Platform and any Services you arrange through the Platform are provided on an “as is” and “as available” basis and We make no representation, warranty, or guarantee regarding:
(i) the condition, performance, accuracy, completeness, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services; or
(ii) the quality, suitability, safety or ability of the Babysitter;
(b) We do not endorse, advise or recommend any of the Babysitters, nor do We guarantee or provide any assurance in respect of the behavior, actions or data of Babysitters posted on the Platform, and You agree that the entire risk arising out of any Services remains solely with You, to the maximum extent permitted under any applicable laws.
15.2 We are not be liable for:
(a) any loss or damage to your family or to your home or assets that You may incur arising out of or in connection with the Services, including the conduct of the Babysitter and any accidents, incidents and issues involving the Babysitter;
(b) the Services or the Aged Care Provider being unavailable, of a particular standard of workmanship, failing to meet their profile description, , failing to meet the User’s needs, or being of less than merchantable quality.
