Ubercare Client Terms and Conditions - Ubercare - Affordable Convenient Safe Immediate Personal Support

Ubercare Client Terms and Conditions

View our Client Terms and Conditions below. Alternatively, visit our Corporate Terms and Conditions and Carer Terms and Conditions pages.

 

UBERCARE SERVICES PTY LTD

CLIENT TERMS AND CONDITIONS

  1. Application
    • An agreement is formed between you and Ubercare Services Pty Ltd (ACN 614 650 654) (we, our or us) when you create an Account.
    • By using the App or Portal to request the Services from Ubercarers, you agree to be bound by this agreement.

 

  1. Account and Eligibility
    • To create an Account, you must:
      • be over 18 years of age;
      • not already hold an Account;
      • provide personal information required by us during the application process; and
      • provide at least one valid method of payment.
    • Your Account is for your personal use only. You must not:
      • disclose your Account details to anyone or allow any other person to use your account except with your express permission on your behalf;
      • use your Account for any commercial purposes.
    • You may use the App or Portal to appoint a delegate, being an individual to whom you give permission to order Services for you using the App or Portal including to direct payment to be made from your credit card (Delegate). A Delegate must also have their own Account. You may add or remove a Delegate at any time in the App or Portal settings.
    • You release Ubercare from any liability in relation to charges made to your credit card by your Delegate for Services and indemnify us from any claims from any third party in respect of the same (including claims from the card issuer or your bank).

 

  1. How it Works
    • When you log into your Account via the App or Portal, you can request an Ubercarer to provide the Services you require. All requests are in real time, unless otherwise specified.
    • When you request an Ubercarer, the request will be sent directly to the Ubercarer who may accept or reject the request.
    • Subject to clause 4, if the Ubercarer accepts the request, they will attend your specified address to provide the Services. If the Ubercarer rejects the request, you may request another Ubercarer to provide the Services, subject to availability.
    • A Ubercarer may engage a third party to provide the Services to you if, and only if: (a) such a third party is suitably qualified and has been screened and approved as an Ubercarer by us, and (b) you have personally provided your consent to such a third party providing the Services to you on the Ubercarer’s behalf.
    • You agree by engaging an Ubercarer to provide the Services (a) to pay for a minimum of 1 hour of Services (even if you do not require the Ubercarer to provide the Services for the full 1 hour), and (b) that where you request the Ubercarer to provide the Services beyond the 1 hour period, to pay the Ubercarer the applicable hourly fee for each 15 minutes or part thereof for such extended Services. This clause is separately deemed to be included in each contract you make with an Ubercarer via the App or Portal for the provision of the Services.
    • Once the Services are complete, we will automatically deduct the Fees from the payment method specified in your Account. You can change your payment method at any time in the App or Portal. The Fee will depend on the Services provided and is subject to change based on demand and geographic location.
    • Upon conclusion of the Services, you will have the opportunity to rate your Ubercarer. In addition, you consent to Ubercarers rating you as a client and for the same to be disclosed to us and to other Ubercarers.

 

  1. Relationship between You, Us and Ubercarers
    • We provide the App and Portal to you for the purpose of introducing you to Ubercarers and act solely as a limited agent of registered Ubercarers for the purpose of collecting payments for the Services.
    • On behalf of the Ubercarer, we facilitate your payment of the Fees for the Services provided by the Ubercarer to you through the App.
    • Payment through the App will be considered to be a payment by you directly to the Ubercarer.
    • You acknowledge and agree that the Services are provided directly to you by the Ubercarer and any contract for the provision of the Services is between you and the Ubercarer on such terms (including as to Fees) agreed between you and the Ubercarer.
    • You acknowledge and agree that we are not responsible for any loss or damage caused by an Ubercarer and that any claim you may have in respect of the Services will be solely against the Ubercarer.

 

  1. Your Obligations

You must:

  • provide all information reasonably required by us in relation to your Account, the App or Portal and the Services;
  • ensure that all information provided is complete, accurate and up-to-date and immediately update the information in the App or Portal where such information ceases to be complete, accurate and/or up-to-date;
  • not disclose your Account details to any third party;
  • not allow any third party to use your Account other than as allowed under clause 2.3;
  • not cause nuisance, inconvenience or annoyance to any third party through your use of the App (or Portal) or Services;
  • not use your Account or the App or Portal for any purpose which contravenes any relevant Laws;
  • treat Ubercarers with respect;
  • not do anything which, in our reasonable opinion, may have an adverse effect on our reputation;
  • maintain at least one up-to-date payment method in your Account;
  • pay for all Services in full in accordance with this agreement; and
  • comply with the terms of the relevant digital storefront where you downloaded the App from (e.g. Apple iOS Store or the Google Play Store)

 

  1. Availability

We make no guarantee that:

  • the App or Portal will be available on your mobile device or computer; or
  • the Services or your preferred Ubercarer will be available at your desired time.

 

  1. Compliance with Laws

You agree that you will comply with all relevant Laws in relation to your use of the App or Portal and the Services.

 

  1. Fees and Payment
    • You will be charged the Fees for the Services provided by an Ubercarer.
    • The current Fees will be displayed on your device before you confirm a request for service.
    • We will use reasonable endeavours to provide an estimate of the Fees prior to you requesting the Services. Any Fee estimate provided is an estimate only and you will be responsible for the final Fee notwithstanding that the Fee is higher or lower than any Fee estimate provided.
    • You agree that the Fees will be set, increased or reduced in the App and Portal based on the Services, the time of day, demand and/or your geographic area and are subject to change without notice.
    • You agree that we may complete pre-authorisation checks on your default payment method when you create an Account and at any time you request Services.
    • The Fees are due and payable immediately on conclusion of the Services. On conclusion of the Services, we will automatically deduct the Fees through the App or Portal using the payment method specified in your Account.
    • After the payment of the Fees has been finalised, we will send a tax invoice to the email address specified in your Account.
    • You agree that we may charge additional fees if, as a result of your use of the Services:
      • damage is caused to an Ubercarer’s vehicle or equipment (in excess of fair wear and tear);
      • an Ubercarer’s vehicle or equipment requires cleaning as a result of providing the Services (in excess of what would be required in the ordinary course of providing the Services).
    • The Fees (including any additional fees under clause 8.8) are non-refundable.

 

  1. GST
    • Ubercarers are not required to be registered for GST and as a result, the Services are free of GST to you.
    • Subject to 9.1, where any supply to be made by one party (Supplier) to the other party (Recipient) under or in connection with this agreement is subject to GST (other than a supply the consideration for which is specifically described in this Agreement as ‘GST inclusive’) the consideration payable or to be provided for that supply will be increased by, and the Recipient shall pay to the Supplier, an amount equal to the GST payable by the Supplier in respect of that supply.
    • In this clause:
      • a word or expression used in this clause which is defined in the GST Law has the same meaning in this clause;
      • GST means any tax imposed on the supply of goods or services under GST Law; and
      • GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended) and all related ancillary legislation.

 

  1. Insurance and Safeguarding
    • We provide public liability insurance to Ubercarers in respect of the Services. It is the responsibility of each Ubercarer to hold and maintain all other insurance that would reasonably be expected of a prudent person providing services the same as or similar to the Services to members of the public.
    • To ensure the safety of those who use our App and Portal, Ubercare:
      • Screens all Ubercarers prior to activating them on our system, including checking and storing copies of their care qualifications, certificates (First Aid and Manual Handling), previous employment information and passport or drivers licence. If an Ubercarer’s care qualification was not obtained in the last three years, we perform reference checking to ensure they have maintained the required skills and experience to work in the care industry;
      • Requires valid police checks and other relevant screening from Ubercarers (with each to be updated every 3 years and Ubercare requires Ubercarers to immediately notify us if they are charged with, or are convicted of any criminal offence);
      • Has system notifications in place that ensure the currency of all certificates, police checks and screenings, including automatic deactivation of the Ubercarer should they reach expiration;
      • Has GPS tracking built into the App, allowing us to check in on the whereabouts of Ubercarers;
      • Requests a rating (out of 5 stars) after each care session, with Ubercare able to remove any Ubercarer should they fall below a 3 star rating;
      • Has an incident reporting form available 24/7 within the App and Portal, followed by an incident investigation procedure; and
      • Offers 24/7 phone and email support.
    • Ubercare’s Care Services Administration team may perform regular spot checks on all active Ubercarers, which includes contacting previous employers or clients in regards to specific conduct and behaviours at a previous workplace.
    • In the event that Ubercare determines that an Ubercarer is unsuitable (including based on our policies) we will terminate their to use the App and Portal.
    • Ubercare will act on all reports of abusive and/or grooming behaviour and has an obligation to investigate the allegation as well as report it to the police and other relevant authorities.
    • In cases of emergencies, Ubercare may deactivate the accounts of both Ubercarers and/or clients at any time.
    • If you have any questions or concerns, please contact Ubercare by phone on 1300 120 999 or email info@ubercare.com.

 

  1. Termination
    • We may terminate this agreement and close your Account immediately without notice to you if you:
      • breach any term of this agreement;
      • engage in conduct towards any third party that we consider is threatening or constitutes harassment, discrimination or abuse;
      • use the App, the Portal or Services to promote your own or third party products and/or services;
      • provide false or misleading information;
      • are engaged in, or are alleged to have engaged in, conduct which we determine (acting reasonably) may have an adverse effect on us or our reputation; or
      • you are a Delegate of another user and misuse the delegation.
    • We may suspend your Account if we have reasonable grounds to believe that any of the events in clause 11.1 above have occurred.
    • We may immediately suspend your Account without notice if your rating drops below three stars and reinstatement of your Account will be at our sole discretion.
    • We may terminate this agreement and close your Account immediately on notice in writing for any reason whatsoever.
    • Your use of the App, the Portal and the Services is voluntary. You can choose to cease using the App, the Portal and the Services at any time. If you would like us to close your Account, please notify us in writing.
    • On termination (for whatever cause):
      • your right to use the App, the Portal and the Services terminates;
      • clauses 4 and 12 to 20 survive and continue in full force; and
      • any accrued rights (including to damages) we may be entitled to before termination or which arise from the event of termination will remain in effect.

 

  1. Warranty
    • This clause applies if any goods or services provided by us under or in connection with this agreement (including allowing you to use the App and Portal) (Our Services) are subject to the Australian Consumer Law and we provide any warranties in respect of the same. Our Services are provided with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. In this clause 12, all italicised and emboldened terms, have the same meaning as in the Australian Consumer Law.
    • Unless otherwise provided in writing:
      • you may claim on the warranty by making a written claim to us setting out the details of the same and the basis on which the warranty has been breached and proof of your use of Our Services by no later than 7 days after Our Services were provided;
      • claims can be made by giving notice to us at any of the following (i) Address: Ubercare Services Pty Ltd, Level 4, 162 Grenfell Street, Adelaide SA 5000 (ii) Phone Number: 1300 120 999 or (iii) Email info@ubercare.com;
      • the defects in Our Services must appear within the lesser of 30 days after you create an Account or 7 days after Our Services to which the claim relates were provided to you;
      • we will determine whether you are eligible to claim under the warranty;
      • the costs of claiming on any warranty will be borne by you; and
      • the benefits to you given by the warranty are in addition to your other rights and remedies under a law in relation to the goods or services to which the warranty relates.

 

  1. Risk and Liability
    • Use of Our Services and the Services is at your own risk and you accept full responsibility for all use of your Account (including responsibility for payment of all Fees), whether or not authorised by you.
    • To the extent permitted by law, no guarantee, conditions warranty or other terms implied by law apply to this Agreement, the App, the Portal or the Services. To avoid doubt, this clause does not apply to any rights or guarantees which cannot be excluded, restricted or modified under the Competition and Consumer Act 2010 or the Australian Consumer Law.
    • Our Liability for breach of a condition or warranty of supply in relation to services acquired other than for personal, domestic or household use or consumption (including a condition or warranty implied by any law including by the Competition and Consumer Act 2010) is limited to the re-supply Our Services to you or the cost of the resupply of Our Services to you. We make no guarantee, warranty or representation as to the quality and fitness for purpose or otherwise of Our Services or the Services.
    • Our aggregate Liability to you under this agreement will be limited to a maximum amount of $100.
    • We will not be Liable to you:
      • if you suffer or incur a Liability due to the provision of false, misleading or incomplete information to us;
      • if you suffer or incur a Liability due to acts or omissions of any person other than us;
      • for any consequential, contingent, special, indirect or economic loss, damage or expense;
      • for any failure or delay of an Ubercarer to provide the Services; or
      • where the App, the Portal or the Services are unavailable to you for any reason.
    • To the extent permitted by Law, you release and hold us harmless against and from all Liabilities (including in relation to property theft, loss and damage and damages for personal injury and death) arising out of or attributable to your use of Our Services or the Services.
    • You indemnify us for all Liabilities (including loss, theft or damage to property and damages for personal injury or death) incurred by us arising out of or attributable to your use of Our Services or the Services except to the extent the same was caused by our negligent or wilful misconduct.

 

  1. Intellectual Property

The rights granted under this agreement do not give you any rights in respect of our Intellectual Property other than a personal, non-transferable, non-exclusive right to use the App and Portal for the purpose of obtaining the Services from Ubercarers in accordance with this agreement.

 

  1. Confidential Information
    • We will not, without your consent, communicate to a third party any confidential information about you that is not already in the public domain (Confidential Information), except in accordance with clauses 15.2 and 15.3.
    • Ubercare will work closely with other organisations to coordinate the best support for you and your family. Your informed consent for the sharing of information will be sought and respected in all situations unless:
      • we are obliged by law to disclose your information regardless of consent or otherwise;
      • it is unreasonable or impracticable to gain consent or consent has been refused;
      • the disclosure is reasonably necessary to prevent or lessen a serious threat to the life, health or safety of a person or group of people.
    • We may disclose your Confidential Information:
      • as necessary to carry out our obligations in accordance with this agreement;
      • to our professional advisers;
      • as reasonably required by us for internal business management purposes; or
      • as required by Law or court order.
    • To avoid doubt, you consent to us providing your Confidential Information to Ubercarers to allow the Ubercarers to provide the Services to you and to procure payment from you for the Services.

 

  1. Privacy
    • You acknowledge and agree that by creating an Account, you allow us to collect personal information including your:
      • name;
      • address;
      • email address;
      • phone number;
      • financial information (e.g. credit card details);
      • current location at any time you are logged into your Account; and
      • ratings history and feedback records.
    • We will take care to ensure that we comply with all privacy obligations imposed on us (including the Privacy Act 1988). Our Privacy Policy sets out how we collect, hold, use and disclose your personal information. Our Privacy Policy can be accessed at [http://www.ubercare.com/privacy.html].

 

  1. Assignment and Amendment
    • You may not assign your Account or this agreement to any other person or entity.
    • You agree that we can without your consent assign our rights under this agreement to our holding company at any time. We may amend or update these Terms at any time by posting the updated Terms on our Website or in the App or Portal. By continuing to use the App, the Portal and the Services after the updated Terms have been posted, you agree to be bound by those updated Terms.

 

  1. Waiver

No right under this agreement will be deemed to be waived by us except by notice in writing signed by us. A waiver by us pursuant to this clause will not prejudice our rights in respect of any later breach of these Terms by you.  Subject to this clause, any failure by us to enforce this agreement, or any indulgence granted by us to you, will not be construed as a waiver of our rights under this agreement.

 

  1. Entire Agreement

This agreement and any document referred to in this agreement represent the entire agreement between you and us regarding the App (or Portal) and the Services, and supersedes all prior representations, communications, contracts, statements and understandings, whether oral or in writing, relating to its subject matter.

 

  1. Governing Law

This agreement is governed by South Australian law and the parties submit to the non-exclusive jurisdiction of South Australian courts in respect of any disputes arising under or in connection with this agreement.

 

  1. Meanings

In these terms:

Account means the account created by you in the App or Portal through which you can engage Ubercarers to provide the Services.

agreement means the agreement between you and us regarding your use of the App and the Services and incorporates these Terms.

App means our smart device application provided by us to allow you to engage Ubercarers to provide the Services and to allow us to collect the Fees on behalf of the Ubercarers.

Fees means the fees for provision of the Services.

Intellectual Property means all copyright and all rights in relation to inventions (including patents and patent rights), registered and unregistered trademarks, registered and unregistered designs, trade secrets and know-how, and any other rights resulting from intellectual activity in the industrial, scientific, literary and artistic fields.

Laws means all statues, regulations, general law and/or government orders.

Liability or Liabilities mean claims, losses, liabilities, costs or expenses of any kind however arising, including penalties, fines, interest and legal fees on an indemnity basis and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.

Portal means our Website provided by us to allow you to engage Ubercarer’s to provide the Services and to allow us to collect the Fees on behalf of Ubercarers.

Services means the services offered by Ubercarers through the App from time to time including (subject to availability):

  • Personal Care – dressing, bathing, personal grooming, toileting and hoist transfer services;
  • Meal Assist – grocery shopping, food preparation and clean up services;
  • Social Support – provide company and assistance with the internet, social media, email and making appointments;
  • Out and About – exercise services and arranging transport; and
  • Respite Care – backup care for regular respite carers.

Ubercarer means a person registered with us as a health or disability care provider to provide the Services to you.

Terms means these terms and conditions as updated or amended from time to time.

you or your means the person named as the Account holder.

we, our or us means Ubercare Services Pty Ltd (ACN 164 650 654).

Website means www.ubercare.com.

 

  1. Interpretation

In this agreement:

  • singular includes plural and vice versa;
  • reference to a person includes a corporation and partnership and vice versa;
  • headings do not affect interpretation;
  • no rule of construction applies to the disadvantage of a party because that party put forward this agreement or any portion of them; and
  • if any part of this agreement would be unenforceable, the provision must be read down to the extent necessary to avoid that result, and if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this agreement.

UBERCARE SERVICES PTY LTD (ACN 614 650 654)