1.1. An agreement is formed between you and Ubercare Services Pty Ltd (ACN 614 650 654) (we, our or us) when we approve your Application.
1.2. By using the App to obtain opportunities to provide the Services to Users, you agree to be bound by this agreement.
2.1. To create an Account and become an Ubercarer, you must:
(a) be over 18 years old;
(b) not already hold an Account;
(c) hold a valid driver’s licence and have use of a car;
(d) hold minimum Certificate III level qualifications in Aged Care, Disability or Home and Community Care from an accredited registered training organisation;
(e) be entitled to work in Australia;
(f) not be registered or be required to be registered for GST (note: as a general rule, you are required to be registered for GST if you earn $75,000 or more in a financial year (excluding amounts you are paid as an employee);
(g) have a current Australian Business Number;
(h) undertake or consent to a National Police History Check and to updates upon the expiry of any such check;
(i) attend an interview with us; and
(j) have been approved by us as a registered Ubercarer.
2.2. Your Account is for your personal use only. You must not:
(a) allow any other person to use your Account; or
(b) use your Account for the benefit of any third party.
3.1. When you submit an Application to become an Ubercarer, you will be required to provide evidence that you meet the eligibility criteria in clause 2.1 above as well as any other information requested by us to determine your suitability to be registered as an Ubercarer.
3.2. We will assess your Application and if we consider that you meet the eligibility requirements, we will invite you to attend an interview. You must bring 100 points of identification to the interview (refer to our website for more details).
3.3. At the interview, we will determine whether we consider that you are suitable to be registered as an Ubercarer. By agreeing to these Terms and Conditions, you consent to Ubercare contacting and obtaining from your previous employers or agencies information as to your conduct and behaviours while you were engaged by the same.
3.4. If we approve your Application, subject to all eligibility requirements being met and all necessary documentation being provided, we will validate your Account so you can start providing the Services.
4. How it Works
4.1. When you log into your Account, you will be able to set your status as ‘available’ and Users in your geographic area will be able to see your photo and rating.
4.2. Users will use the App to request that you provide the Services they require. All requests are in real time. A User cannot book your Services in advance.
4.3. When a User requests your Services, you will receive a request and may accept or reject the request.
4.4. You must only accept the request from a User for Services if you can provide a minimum of 1 hour of Service once you reach the User’s address. A User agrees by engaging you via the App to provide the Services (a) to pay for a minimum of 1 hour of Services even if the User does not require you to provide the Services for the full 1 hour, and (b) that where the User requests you to provide the Services beyond the 1 hour period, the User agrees to pay you 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 a User via the App for the provision of the Services.
4.5. Subject to this clause, if you accept the request, you must attend the User’s specified location by the most direct route possible and provide the Services. While you are providing the Services, you will not show on the App as ‘available’. You may engage a third party to provide the Services to the User on your behalf provided (a) that such third party is suitably qualified and has been screened and approved as an Ubercarer by us, and (b) you have personally contacted the User and obtained their consent to such a third party providing the Services on your behalf.
4.6. Once the Services are complete, we will automatically deduct the Fees from the User’s Account. The Fee will depend on the time of day, the length of time the Services are provided and may be subject to change based on demand and geographic location.
4.7. Upon conclusion of the Services, you will have the opportunity to rate the User and leave feedback for other Ubercarers. You agree that the information you submit to the App will not be offensive or defamatory in any way and acknowledge that we may, in our absolute discretion, decide not to publish a rating that you submit to the App.
5. Relationship between You, Us and Users
5.1. We provide the App to you for the purpose of introducing you to Users in need of the Services. We act solely as your limited agent for the purpose of collecting payments from Users for the Services you provide.
5.2. On your behalf, we facilitate User payment of the Fees for the Services provided by you through the App.
5.3. Payment through the App will be considered to be a payment by the User directly to you.
5.4. You acknowledge and agree that you provide the Services directly to the User and any contract for the provision of the Services is between you and the User (namely the provision of the Services for the Fees agreed between you and the User via the App including as set out in clause 4.4 or any variation to the same agreed between you and the User).
5.5. We and you agree that you are not our employee or contractor in respect of the provision of the Services by you to any User.
5.6. You acknowledge and agree that any claim a User may have in respect of the Services will be against you directly and we are not responsible for any loss or damage to your or to any person caused or contributed to by you.
6. Your Obligations
6.1. You must provide all information reasonably required by us in relation to your Account, the App and the Services, including:reporting any notifiable incidents while undertaking the Services to Ubercare and the relevant state authority;
6.2. ensure that all information provided is complete, accurate and up-to-date and immediately update the information in the App where such information ceases to be complete, accurate and/or up-to-date;
6.3. maintain all qualifications and continue to meet all eligibility requirements in clause 2 at all times when providing the Services;
6.4. hold and maintain any necessary licences, memberships and insurance required by law and any insurance reasonably required by us from time to time;
6.5. not disclose your Account details to any third party;
6.6. not allow any third party to use your Account;
6.7. not cause nuisance, inconvenience or annoyance to any third party through your use of the App or Services;
6.8. not use your Account or the App for any purpose which contravenes any relevant Laws;
6.9. treat Users and other Ubercarers with respect;
6.10. not do anything which, in our reasonable opinion, may have an adverse effect on our reputation or that of the App;
6.11. maintain up-to-date bank account details in your Account to allow us to pay you Your Payment;
6.12. provide the Services to Users as requested through the App with a high degree of skill, care and diligence in accordance this agreement;
6.13. devote such time and resources as are reasonably necessary to properly perform the Services and your obligations under this agreement;
6.14. comply with our policies or procedures (if any) when providing the Services;
6.15. immediately notify us if you become registered or are required to become registered for GST;
6.16. complying with all of our reasonable requirements in relation to the provision of the Services and your use of the App; and
6.17. complying with the terms of the relevant digital storefront where you downloaded the App from (e.g. Apple iOS Store or the Google Play Store).
You warrant and represent to us that you have never been subject to a compliant or allegation in respect of any person whom you have provided care services to, and if any such compliant or allegation is made, you will immediately notify us of all details in respect of the same. You warrant and represent that you will immediately notify us if you are charged with or convicted of a criminal offence.
7.1. We make no guarantee that:
(a) the App will be available on your mobile device; or
(b) Users will request the Services from you.
8. Drugs and Alcohol
At all times you are logged into the App or providing the Services, you must:
8.1. have a blood alcohol content (BAC) of 0.00%; and
8.2. not be under the influence of any illegal substance.
9. Complaints and Disputes
You acknowledge and agree that you will:
9.1. report any suspicious behaviour of or allegations by a User or another Ubercarer in respect of the Services to us as soon as possible after you become aware of the same; and
9.2. cooperate and provide all information and assistance reasonably required by us in respect of:
(a) a report by you in accordance with clause 9.1;
(b) any dispute or complaint received by us from any person in relation to the Services;
(c) any allegation of fraud or criminal activity against a User or Ubercarer; and
(d) any audit to the extent the audit is related to your provision of the Services.
10. Compliance with Laws
You agree that you will comply with all relevant Laws in relation to your use of the App and in providing the Services.
11. Fees and Payment
11.1. Users will be charged Fees for the Services provided by you.
11.2. You agree that the Fees will be set, increased or reduced in the App based on the time of day, demand and/or your geographic area and are subject to change without notice.
11.3. The Fees are due and payable by the User immediately on conclusion of the Services. On conclusion of the Services, we will automatically deduct the Fees through the App using the payment method specified in the User’s account.
11.4. Within 24 hours of the end of the Period, we will pay Your Payment for Services you have provided during the Period to the bank account nominated in your Account. At the same time, we will send you an email confirming payment of Your Payment and attaching a tax invoice in respect of our Agency Fee.
11.5. You can change your nominated bank account details at any time in the App.
11.6. You acknowledge and agree that the Agency Fee is charged by us in return for us providing the App for your use (a license fee to use the platform), acting as your limited agent for the purpose of collecting payments for the Services from Users and procuring insurance cover for you in accordance with clause 14.
11.7. You must not accept any form of payment for the Services other than through the App. Where you agree a different Fee with the User from that specified in the App, our Agency Fee will still be calculated based on the Fee specified in the App for those Services.
12.1. Our Agency Fee is GST inclusive.
12.2. On the basis that you are not required to be registered for GST, the Services are not subject to GST and no GST is required be collected from the User.
12.3. 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.
12.4. In this clause:
(a) a word or expression used in this clause which is defined in the GST Law has the same meaning in this clause;
(b) GST means any tax imposed on the supply of goods or services under GST Law; and
(c) GST Law means A New Tax System (Goods and Services Tax) Act 1999 (Cth) (as amended) and all related ancillary legislation.
13.1. This clause applies if any good or services provided by us under or in connection with this agreement (including allowing you to use the App) (Our Services) are subject to the Australian Consumer Law and we provide any warranties in respect of the same. Our Services come 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 13.1, all italicised and emboldened terms, have the same meaning as in the Australian Consumer Law.
13.2. Unless otherwise provided in writing:
(a) 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;
(b) 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: email@example.com;
(c) the defects in Our Services must appear within the lesser of 30 days after you create an Account or 7 days after we provided Our Services to which the claim relates;
(d) we will determine whether you are eligible to claim under the warranty;
(e) the costs of claiming on any warranty will be borne by you; and
(f) the benefits to you given by the warranty are in addition to your other rights and remedies under a law in relation to the services to which the warranty relates.
13.3. You warrant that:
(a) all information provided by you to us is complete, accurate and up-to-date at all times;
(b) you hold the necessary qualifications and meet the minimum eligibility requirements in clause 2; and
(c) you hold all necessary licences, memberships and insurances to perform the Services.
14.1. We will take out public liability insurance in respect of the Services for the benefit of the User and you.
14.2. Our public liability insurance cover will provide protection in respect of public liability cover for the period during which you are providing the Services.
14.3. Our insurance cover only applies to Services that are provided and charged through the App.
14.4. You will not be covered for any work arranged or charged by you or any third party not using the App.
14.5. Other than the insurance set out in this clause 14, you are solely responsible for holding and maintaining all 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.
14.6. Detailed information about our public liability insurance (including the scope and limits of the same) is available on the Ubercare website.
15.1. We may from time to time conduct due diligence to ensure that you continue to comply with our policies (including safeguarding), share our values and ensure the safety of Users.
15.2. We may terminate this agreement and close your Account immediately without notice to you if you:
(a) breach any term of this agreement;
(b) engage in conduct towards any third party that we consider is threatening or constitutes harassment, grooming, discrimination or abuse;
(c) use the App or Services to promote your own or third party products and/or services;
(d) provide the Services to a User other than through the App and you know or reasonably ought to know that the User has an Account;
(e) provide false or misleading information;
(f) are convicted of a criminal offence other than a traffic offence;
(g) 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;
(h) become insolvent or bankrupt;
(i) cannot pay your debts as and when they fall due; or
(j) have proceedings brought against you under any bankruptcy or insolvency law and such proceedings are not discharged or stayed within 15 days.
15.3. We may suspend your Account if we have reasonable grounds to believe that any of the events in clause 15.1 above have occurred.
15.4. We may automatically suspend your Account without notice if your rating drops below 3 stars and reinstatement of your Account will be at our sole discretion.
15.5. We may terminate this agreement and close your Account immediately on notice in writing for any reason whatsoever.
15.6. Your use of the App and Services is voluntary. You can choose to cease using the App and Services at any time. If you would like us to close your Account, please notify us in writing.
15.7. On termination (for whatever cause):
(a) your right to use the App and provide the Services to Users terminates;
(b) clauses 5, 16 to 19, 20 to 23 survive and continue in full force; and
(c) 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.
16. Risk and Liability
16.1. Use of the App is at your own risk and you accept full responsibility for all use of your Account, whether or not authorised by you.
16.2. To the extent permitted by law, no guarantee, conditions warranty or other terms implied by law apply to this agreement or Our 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.
16.3. 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 (Cth) is limited to re-supplying Our Services to you or the cost of making Our Services available to you. We make no guarantee, warranty or representation as to the quality and fitness for purpose or otherwise of Our Services.
16.4. Our aggregate Liability to you under this agreement will be limited to a maximum amount of $100.
16.5. We will not be Liable to you:
(a) if you suffer or incur a Liability due to the provision of false, misleading or incomplete information to us by any person;
(b) if you suffer or incur a Liability due to acts or omissions of any person other than us;
(c) for any loss of Fees as a result of a fraudulent or unauthorised payment;
(d) for any consequential, contingent, special, indirect or economic loss, damage or expense;
(e) for any failure of a User to request the Services from you or complete a request for Services;
(f) where the App or Services are unavailable to you for reasons beyond our control; or
(g) where we terminate your Account in accordance with clause 15.
16.6. 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 the App or the Services.
16.7. You indemnify us for all Liabilities (including loss, theft or damage to property and damages for personal injury or death) incurred by us to the extent caused or contributed to by:
(a) your use of Our Services or from you providing the Services; or
(b) your breach of any relevant Law or this agreement,
except to the extent the same was caused by our negligent or wilful misconduct.
17. 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-exclusive, non-transferable license (consent) to use the App for the purpose of providing the Services to Users in accordance with this agreement.
18. Confidential Information
18.1. 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 clause 18.2.
18.2. We may disclose your Confidential Information:
(a) as necessary to carry out our obligations in accordance with this agreement;
(b) to our professional advisers;
(c) as reasonably required by us for internal business management purposes; or
(d) as required by Law or court order.
18.3. To avoid doubt, you consent to us providing your Confidential Information to Users to allow you to provide the Services to Users.
19.1. You acknowledge and agree that by creating an Account, you allow us to collect personal information including your:
(c) email address;
(d) phone number;
(e) financial information (eg. bank account details);
(f) current location at any time you are logged into your Account; and
(g) your Ubercarer rating and feedback history.
20. Assignment and Amendment
20.1. You may not assign your Account or this agreement to any other person or entity without our prior written consent. You agree that we can without your consent assign our rights under this agreement to our holding company at any time.
20.2. We may amend or update these Terms at any time by posting the updated Terms on our Website or in the App. By continuing to use the App and Services after the updated Terms have been posted, you agree to be bound by those updated Terms.
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.
22. Entire Agreement
This agreement and any document referred to in this agreement represent the entire agreement between you and us regarding the App and the Services, and supersedes all prior representations, communications, contracts, statements and understandings, whether oral or in writing, relating to its subject matter.
23. 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.
In these terms:
Account means the account created by you in the App through which Users can engage you to provide the Services and which nominates the bank account into which we will pay Your Payment.
Agency Fee means an amount equal to no more than 30% of the Net Fees received during the Period and includes GST as set out on the App from time to time.
agreement means the agreement between you and us regarding your use of the App and the Services and incorporates these Terms.
App means our Website and the smart device application provided by us to allow you to engage Ubercarers to provide the Services.
Application means the application submitted through the App to register as an Ubercarer.
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.
Net Fees means the Fees received by us on the User’s behalf for the provision of Services to Users during the Period less any applicable third party transaction fees and any disputed Fees repaid to the User.
Period means a 7 day period commencing at 12am Monday and ending at 12am the following Sunday.
Services means the services to be offered by Ubercarers through the App from time to time including (subject to availability):
24.1. Personal Care – dressing, bathing, personal grooming, toileting and hoist transfer services;
24.2. Meal Assist – grocery shopping, food preparation and clean up services;
24.3. Social Support – provide company and assistance with the internet, social media, email and making appointments;
24.4. Out and About – assistance with arranging transport and exercise (Out and About Services); and
24.5. Respite Care – backup care for regular respite carers.
Ubercarer means a suitably qualified person registered with us via an Account to provide the Services to Users.
User means a person registered with us who engages Ubercarers to provide the Services.
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.
Your Payment means for each Period the amount (if any) equal to the Net Fees less any Agency Fees for the Period.
we, our or us means Ubercare Services Pty Ltd (ACN 614 650 654).
Website means www.ubercare.com.
In this agreement:
25.1. singular includes plural and vice versa;
25.2. reference to a person includes a corporation and partnership and vice versa;
25.3. headings do not affect interpretation;
25.4. no rule of construction applies to the disadvantage of a party because that party put forward this agreement or any portion of them; and
25.5. 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)