Allied Health Services Terms Of Use – Clients
In addition to the Mobility Terms of Use – Users, the following Terms of Use apply to Users of Allied Health Services.
In these Terms of Use, unless an 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 Allied Health services (Services) from a particular provider of those services (Allied Health Services Provider) at a time and for a duration of your selection.
1.2 If your request for Services is accepted by an Allied Health Services Provider, We will provide:
(a) You with a booking confirmation through the Platform, and information regarding the Allied Health Services 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 Provider and any other details We consider appropriate including history and references; and
(b) the Allied Health Services Provider with Your details (including address) and the details of the Services requested (as entered on the Platform) as necessary to enable the 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. NDIS Eligibility of Services
The Platform does not make any representations as to any eligibility or assessment of eligibility for financial support under the National Disability Insurance Scheme (NDIS) for the Services. The use and funding for the Services remain subject to your personal arrangements under the NDIS 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 Allied Health Services 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 Allied Health Services Providers other than as part of the on-boarding process for the Platform.
4.2 Mobility recommends all Users check the identification and qualifications of the Allied Health Services Provider prior to the provision of Services. Mobility also recommends all Users exercise due skill and care in verifying the identity of any Allied Health Services Provider prior to the provision of Services.
5. Agreement for Services
5.1 The agreement for the Allied Health Services Provider’s provision, and Your receipt, of the Services will be an agreement solely between the Provider and You. The terms of this agreement are available in the app 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 Allied Health Services 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. Risk
6.1 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.
6.2 Mobility does not guarantee the quality, appropriateness, safety or otherwise of the Services, nor that the Service meet the NDIS Quality and Safeguards Framework. You accept the risks arising out of Your use of the Platform to the maximum extent permitted by law.
7. Workplace Safety Assessment
7.1 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 (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.
8. Third Parties
8.1 Allied Health Services Providers are independent providers and are not employed or retained by Mobility.
8.2 You can select a number of different Services via this Platform. These 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 Allied Health Services 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 their Service offering, the content of the provider’s website or the material on the Platform, 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 full payment for the Services.
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 Allied Health Services Provider) on behalf of the Allied Health Services Provider.
11.2 Payment of the Agreed Fee will be facilitated by the Platform though your authorised payment method.
11.3 Once Mobility receives a Services Completion Notification from the Provider and you are a Plan-Managed or Agency-Managed User who is utilising Registered Providers of Supports for eligible Services under the NDIS, Mobility will notify the Allied Health Services Provider that the agreed amount in the Services Agreement may be claimed from the NDIA.
11.4 If you are a Plan-Managed or Agency-Managed User who is utilising Registered Providers of Supports for eligible Services under the NDIS and Mobility is notified (or an Allied Health Services Provider notifies us) that the NDIA has rejected or only partially-funded a payment due under a Services Agreement, you irrevocably authorise us to debit (for the benefit of the Allied Health Services Provider as their payment collection agent) your secondary Account payment method for the balance of the unpaid amount due under that Services Agreement.
11.5 If You acknowledge that You are (or are acting on behalf of) a participant under the NDIS, then You must, upon request by Mobility, confirm Your (or the person you represent) status as a participant of the NDIS and confirm the material details of any Plan under the NDIS to Mobility.
11.6 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. Digital Wallet
12.1 For Plan-Managed or Agency-Managed Users who are utilising Registered Providers of Supports under the NDIS, the Platform has a feature which provides an indication of the remaining funding available to that User under their pre-existing Plan at any given time. For the purpose of providing this Service, if you are a Plan-Managed or Agency-Managed User by accepting these Terms You irrevocably agree that the amounts shown on the Platform may not be completely accurate and You should not rely solely on the amount stated on the Platform for decisions on services to be procured by You and that there may be issues outside of Mobility’s control may affect the amounts available under Your Plan, including but not limited to:
(a )incorrect information having been provided by You upon creation of Your Account;
(b) decisions made by the NDIA or any other third party plan manager which alter the amounts available to You; and
(c) any instance where You or any other related person have used any part of Your available funding on services purchased outside of the Platform or on ineligible Services through the Platform.
12.2 If you are an Agency-Managed or Plan-Managed User, in addition to the above You also acknowledge and agree that You are responsible for ensuring that:
(a) the monies set out in Your Digital Wallet are correct; and
(b) without limiting clause 3 of these User Terms, any Services which you purchase under the Platform are paid by You if you do not have sufficient monies available under you NDIS plan.
13. No Advice
13.1 Your reliance on any health, financial or other advice provided by an Allied Health Services 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.
14. Emergency
The Platform is not intended for use in emergency situations. If you are suffering an acute illness or emergency condition, please call 000.
15. Indemnities
15.1 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.
16. Liability
16.1 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 Allied Health Services Provider;
(b) We do not endorse, advise or recommend any of the Allied Health Services Provider, nor do We guarantee or provide any assurance in respect of the behavior, actions or data of Providers 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.
16.2 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 Allied Health Services Provider and any accidents, incidents and issues involving the Provider;
(b) the Services or the Allied Health Services 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.
17. Feedback and complaints
17.1 You may, but are not required to, rate a Service after it is provided , and You must be fair, accurate and non-disparaging while leaving complaints, comments, feedback, testimonials or reviews on or about the Services or Providers.
17.2 All issues, complaints, opinions, suggestions, questions and feedback in respect of the Services or the Provider should be notified to Mobility or communicated to Mobility through the Platform.
17.3 Notwithstanding clause 17.2, any disputes in relation to the terms of the Booking must be settled in accordance with the terms of the service agreement between You and the Provider referred to in clause 6.1 above.
