Terms Of Service
1. What is Mobility
1.1 The Mobility platform is Mobility Australia Pty Ltd’s (ACN 637 098 518 of Flinders Financial, Level 4, 1 Howard Street, Perth, Western Australia (“Mobility”)) mobile ordering Platform (being the Mobility website, the Mobility web app, the Mobility iPhone, iPad or Android Platform and all parts and pages of the same) that enables Users to contract with Providers of goods and services, including Registered Providers of Supports as defined under the National Disability Insurance Scheme (“NDIS”) Act 2013.
1.2 These Terms apply when either a User or Provider (or any other person) access and use the Platform, or engage with Mobility and any person acting on behalf of Mobility (“Representative”) via telephone, email, post or in person. If You do not agree, You may not use the Platform to access goods or services or provide goods or services as either a User or Provider.
1.3 Mobility is not an in-home care or employment agency.
1.4 Mobility does not employ or contract care or support workers.
1.5 You acknowledge that there is no employment, independent contractor or agency relationship between yourself, or anyone you represent or work for, and Mobility.
2. Platform Services
2.1 Mobility provides the Platform to enable registered Users to make offers to Providers for the purpose of using those Provider’s services (Services) or obtaining those products from the Provider, based on the rates set out by the Provider on the Platform.
2.2 IMPORTANT: If a Provider accepts an offer for services from a User on the Platform, an agreement is created between that User and the Provider (“Services Agreement”). The standard terms of a Services Agreement (incorporating the supplemental terms for each line of service offered on the Platform (Supplemental Service Terms)) are available here. If a Provider wishes to use different terms, these will be notified to Users at the point of acceptance and it will be at the User’s discretion to accept these terms.
2.3 Mobility is not a party to any Services Agreement and accordingly, Mobility accepts no responsibility for the terms of any Services Agreement and makes no warranties as to the appropriateness of any of the terms in a Services Agreement to a User’s needs or individual circumstances.
2.4 Once services have been completed under a Services Agreement the Provider will provide a notification (“Services Completion Notification”) to Mobility by way of a confirmation on the Platform.
2.5 By agreeing to these terms You acknowledge that Mobility is not bound to enquire as to the performance, default or any breach by any person of its obligations under any Services Agreement entered into by You and that Mobility may rely on any Services Completion Notification as evidence that the Services have been completed in accordance with the Services Agreement.
3. Mobility Obligations and liability
3.1 In no circumstances does Mobility have control over, or responsibility for, the acts or omissions of Users or Providers.
3.2 Subject to clause 5.2 of these Terms, Mobility, grants You a license to access and use the Platform and materials Mobility provides solely in connection with Your use of the Platform, and in accordance with these Terms.
3.3 Users seeking Providers are solely responsible for the selection and recruitment process of Providers including compliance with all applicable State, Territory and Federal laws.
3.4 Mobility provides the Platform subject to consumer guarantees under the Competition and Consumer Act 2010 (Cth). Nothing in these Terms affects Your statutory rights. Mobility makes no express warranties beyond these consumer guarantees.
3.5 To the extent permitted by law, You agree to release Mobility from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of using the Platform and Mobility will not be liable, including for negligence or any other category of liability whatsoever, for any damages, costs or losses to any person, any diminution in value, or any liability whatsoever arising as a result of taking or not taking any action under or in connection with the Platform or any User, unless directly caused by its gross negligence or wilful misconduct.
3.6 While we place restrictions on the conduct and use of the Services, it is possible that some Users or Providers may not comply with these Terms. We encourage all Users and Providers to be cautious when interacting with other persons on the Platform.
3.7 While Mobility has no obligation to monitor Your activities on the Platform, Mobility reserves the right, but is not obliged to remove, edit, refuse to post or review any content it deems inappropriate or out of date.
3.8 In using the Platform, the User accepts that they are exercising their choice of Provider, and as such, is accepting certain responsibilities for their choice and their actions. By engaging services from Providers via the Platform, the User is agreeing that Mobility accepts no responsibility or duty of care for:
(a) the health, safety and wellbeing of themselves and the Provider; and
(b) ensuring there is no activity that puts themselves, or the Provider’s health and safety, at risk.
4. Account access
4.1 In order to use the Platform You must register for and maintain an active Account. Mobility is under no requirement to accept your registration and the acceptance of any registration is subject to Mobility’s absolute discretion.
4.2 If you are a User, You acknowledge that in using the Platform:
(a) You are at least 18 years old; and
(b) If you are a carer or representative acting on behalf of a User who will receive Services from a Provider, that You are and will continue to be an Australian citizen and/or a person legally authorised to work in Australia and you are duly authorised by that other person to procure goods and services on their behalf.
4.3 If You are a Provider, You acknowledge that in using the Platform:
(a) if you are a company, hold a valid ABN which has been/will be provided to Mobility when you register/registered your Account;
(b) are, if applicable, registered for GST purposes and are in compliance with all relevant tax requirements; and
4.4 You may not authorize third parties to use Your Account (other than a person who is legally authorised to act on your behalf such as a nominee, attorney, custodial parent, appointed guardian, appointed carer or appointed representative) and You may not transfer Your Account to any other person or entity.
4.5 Notwithstanding clause 4.3 of these Terms, You are liable for any and all activities conducted on and through Your Account.
4.6 You must comply with all applicable laws when using your Account on the Platform, and must not cause nuisance, annoyance, inconvenience to other Users or Providers on the Platform.
4.7 By creating an Account, You agree that Mobility may send You informational text (SMS) messages, push notifications and emails to your registered email address as part of the normal operation of the Platform.
4.9 You are responsible for maintaining the confidentiality and security of Your Account login details and must not disclose Your Account login details to any third party. If you are using the Platform on behalf of someone else, you may share details with that person if you choose, understanding that you remain liable for all usage and orders on your Account.
4.10 You must immediately notify Mobility if You know or have any reason to suspect that Your Account login details have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized access or use of Your Account.
4.11 Once Mobility has been notified of any unauthorised access of your Account, You may:
(a) alter Your Account login details to ensure the Account is no longer accessible by this unauthorized third party; and
(b) notify Mobility of any expenditure within the prior 7 days which has been incurred by the unauthorized third party. Mobility will work with you to identify, as best it is able, the unauthorized third party and recover any lost funds but does not take any responsibility for any unauthorised access of your Account as referred to in paragraphs 4.9 and 4.10 above.
4.12 You agree not to:
(a) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Platform;
(b) “frame” or “mirror” any part of the Website without our prior written authorisation;
(c) use code or other devices containing any reference to the Platform or Mobility to direct other persons to any other web page, app or platform;
(d) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so.
5. Termination and suspension of Account
5.1 If You use or attempt to use the Platform in breach of any Term, the Code of Conduct or any specific terms and conditions for Services, Mobility may charge You a cancellation or breach charge as notified on the Platform or website from time to time, and may terminate Your Account.
5.2 Mobility may suspend or terminate Your access to the Platform, or certain areas of the Platform, for any reason including, but not limited to:
(a) if there is an interruption, fault, virus or unauthorised access on the Platform or the Mobility systems;
(c) if You breach any of the Mobility Code of Conduct;
(d) if You attempt to change, add to, remove or otherwise interfere with the Platform or any material or content displayed on the Platform; or
(e) if You use the Platform or engage with Mobility for any purpose that Mobility considers inappropriate, including the storage or transmission of inappropriate, offensive, derogatory or misleading and deceptive material;
(f) in the event of unusual payment activity, we reserve the right to temporarily or permanently suspend your payment methods (including via credit card) and we may contact you, your bank, your plan manager or any other relevant third party to report such unusual activity; or
(g) if you are a Provider, if Mobility deems based on feedback from Users and any other information made available to Mobility, that You have failed to provide Services under any Services Agreement but have provided a Services Completion Notification stating that the Services have been provided.
6. Code of Conduct and Notifiable incidents
6.2 If You are a Provider:
(a) You must provide Mobility with a notice if you have been charged with, or convicted for a criminal or a civil offence in any State or Territory in Australia, or in any other country; and
(b) You are liable for, and agree to indemnify Mobility against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from any failure to notify Mobility under clause 6.2(a).
8.1 Charges for goods and services are set by Providers, not Mobility, and are as shown on the Platform.
8.2 Charges You incur for the purchase of products are owed directly to the relevant Provider at the time of sale and are payable using the Platform’s payment processing method.
8.3 Charges You incur under a Services Agreement for Services are owed directly to Providers, and Mobility may collect payment of those charges from You as the limited payment collection agent of the Provider.
8.4 You can request lower charges from a Provider for Services they provide. If a lower charge is agreed with the Provider, You may modify the charge on the Platform through your account. Any dispute as to the agreed level of charges is not the responsibility of Mobility and you must contact the Provider in accordance with your Services Agreement.
8.5 If you are a User:
(a) once Mobility receives a Services Completion Notification from the Provider, Mobility will debit (for the benefit of the Provider as their payment collection agent) Your primary Account payment method for the agreed amount in the Services Agreement. If You are registered as a plan-managed Account, Mobility may set Your plan as the primary Account payment method for eligible Services in accordance with the requirements of the Platform;
(b) All payments debited by Mobility from You will be enabled by Mobility using the preferred payment method designated in your Account, after which you will receive a receipt in your Account (and by email if selected by the User).
(c) If Your primary Account payment method is expired, invalid or otherwise not able to be charged, You agree that Mobility may use a secondary payment method in Your Account, if available.
(d) Charges debited from your Account are final and non-refundable, unless under consumer law or otherwise determined by Mobility
8.6 If you are a Provider, once Mobility receives a Services Completion Notification from You, You will be paid in accordance with the Specific Mobility Terms applicable to the Services you have provided (available here).
8.7 Payment methods available on the Platform have their own applicable terms.
8.8 An invalid or expired payment method on Your Account may prevent You using the Platform.
8.9 You are solely responsible for the accuracy of the bank account or credit card details that you provide to Mobility, including for Providers, the bank account number and BSB number for payment for Services, or for Users their credit card details.
8.10 Mobility expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by Users or Providers (as applicable).
8.11 Mobility uses Braintree Payments to store and process credit card transactions. Mobility expressly disclaims any and all liability for any claims or damages related to our use of third party payment processing services and such transfers, including without limitation any damage that may result should any such information be released to any third parties.
8.12 If You cancel an order of goods or Services prior to delivery, You agree that Mobility may charge you a cancellation fee if such a fee is required by the Provider pursuant to the terms of the Services Agreement (or product terms of sale) you have entered with that Provider or mandated by Mobility as part of the specific terms and conditions for those services.
8.13 If you are a Provider and for any reason You provide a Services Completion Notification where the claimed Services have not been completed, and Mobility (in its role as your collection agent) charges the User for these Services, the amount charged by you (being the amount set out in the Services Agreement and not the amount paid to you following the deduction of any applicable fee charged by Mobility) will be a debt due and payable by you to Mobility, who will, as the relevant User’s collection agent, will return the amount to the relevant User. For the avoidance of doubt, in repaying this amount to the User you will be required to pay back the funds you received from Mobility, as well as any amount deducted by Mobility for its fees in respect of the Services.
9.1 Mobility holds personal accident insurance (PA Insurance)for the benefit of all Providers when providing Services arranged through the Platform. Detailed information about the PA Insurance is available on the Platform.
9.2 PA Insurance is available to Providers only upon the relevant Provider:
(a) being approved by Mobility’s insurers; and
(b) registering and maintaining an active Account.
9.3 The cost of PA Insurance is included in the fee charged to the Provider for use of the Platform, however in the event of a claim under the PA Insurance, the Provider will be liable for the relevant policy excess.
9.4 If you are a Provider, and notwithstanding clauses 9.1 to 9.3 above, you also acknowledge that:
(a) you remain responsible for holding any insurances which you are required to hold under any law;
(b) any lapse in the PA Insurance will not release you from any legal liability to hold such insurance; and
(c) you release Mobility from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of any lapse in the PA Insurance or due to your failure to hold any other insurance.
10. Credit Card pre-authorisation
10.1 As part of Mobility’s payment approval process, Mobility may be required to assess whether or not You have the means to fulfil your obligation to make payments for the services booked. Mobility reserves the right to conduct a pre-authorisation of your credit card if it is your nominated payment method. This may involve placing funds in the account linked to your credit card on hold each time you make a purchase, book a Service or add a new card to your Platform account.
10.2 Mobility confirms that the pre-authorisation amount will not exceed the total amount (plus one cent) owed to us for that purchase or for booking that Service; and
10.3 No funds are received by Mobility or the Provider during the pre-authorisation process.
10.4 We cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction.
11 Digital Wallet
11.1 As part of the services provided through the Platform, Mobility offers Users with a plan under the NDIS a Digital Wallet. The Digital Wallet is intended to provide an approximate guide to the amount of money available under a User’s Plan for the purchase of Services on the Platform, and Mobility will use its best endeavors to ensure the Digital Wallet is an accurate reflection of the monies available.
11.2 You acknowledge and agree:
(a) that the Digital Wallet is only a rough guide to the monies available to a User to acquire [goods or services]; and
(b) to release Mobility from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of any inconsistencies between the Digital Wallet and the monies available under the relevant User’s plan.
12.1 As part of the services provided through the Platform, Mobility offers Providers access to Training from a third party.
12.2 You acknowledge and agree:
(a) that the Training is provided by a third party, and is not training directly offered by Mobility;
(b) that while Mobility has made best endeavours to ensure the validity of the information supplied in the Training, it does not warrant the content, validity or accuracy of such information; and
(c) to release Mobility from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of any errors, omissions or inaccuracies in the Training, or that you suffer due to your reliance on the Training, and Mobility will not be liable, including for negligence or any other category of liability whatsoever, for any damages, costs or losses to any person, any diminution in value, or any liability whatsoever arising as a result of Mobility making the Training available to Providers.
13. Mobility not an RPOS
13.1 Mobility is not a Registered Provider of Support under the NDIS, and does not provide goods or services through the NDIS. All NDIS goods and services ordered through Mobility are provided by independent Providers who are not agents of, or employed by, Mobility.
14.2 Purposes for which Mobility collects and may use and disclose Your, and other person that uses the Platform’s, personal information include registering and managing Your account and use of the Platform, providing You with the Platform, exercising rights and carrying out obligations under these Terms, and operating the Platform and the Mobility business in accordance with good business practice.
15. Feedback and complaints
15.1 You may, but are not required to, rate a Provider or User after conclusion of Services, and You must be fair, accurate and non-disparaging while leaving complaints, comments, feedback, testimonials or reviews.
15.2 If Mobility becomes aware of any complaints, comments, feedback, testimonials or reviews which are in breach of clause 15.1, it reserves the right to remove said complaint, comment, feedback, testimonial or review.
15.3 All issues, complaints, opinions, suggestions, questions and feedback in respect of Providers, Users or Services should be notified to Mobility or communicated to Mobility through the Platform.
15.4 Notwithstanding clause 15.3, any disputes in relation to the terms of Services provided to, or provided by, You must be settled in accordance with the terms of the Services Agreement between You and the other party referred to in clause 2.2 above and You must follow the process outlined in the applicable Services Agreement.
15.5 Mobility encourages Users and Providers to try and resolve any disputes (including claims for returns or refunds) in relation to Services Agreements directly. To facilitate this process, you acknowledge and agree that Mobility may, in its absolute discretion, provide the relevant party with your information.
16. Intellectual Property
16.1 The Platform and any material on the Platform, including all associated Intellectual Property Rights, are the exclusive property of Mobility and/or its licensors, Providers or authorising third-parties.
16.2 You will not acquire any rights, including but not limited to Intellectual Property Rights, in the Platform or any material or content on the Platform.
16.3 Intellectual Property Rights include, but are not limited to, patents, copyrights, rights in circuit layouts, registered designs, trademarks, the right to have information, belonging to or in the possession of, Mobility or which You obtained through Your relationship and engagement with Mobility and which Mobility regards as confidential, kept confidential, and any application or right to apply for registration of all present and future rights conferred by statute, common law or equity whether registered or unregistered.
16.4 You must not remove, alter or obscure any Intellectual Property Rights incorporated in or accompanying the Platform or the material on the Platform. You must not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform or any material or content on the Platform.
17. Mobility Fees
17.1 Mobility does not charge Users fees to access or utilise the Platform.
17.2 To enable a successful operation and maintenance of the Platform and an efficient connection between Users and Providers, Mobility charges fees to Providers in respect of Services performed via the Platform. These fees are added to the base hourly rate set by the Provider for the Services and form part of the agreed fee set in the Services Agreement between User and Provider. These applicable fees will be set out on the Specific Mobility Terms, on the Platform at the point of job acceptance and in our communications with Providers.
17.3 Mobility reserve the right to change the fees at any time on 10 business days’ notice to you.
17.4 You will not be entitled to any refund of payments for chargeable services or features.
18. Retention of Notes and Data
18.1 If You are a User, you acknowledge that:
(a) If You breach any of the terms set out in the Mobility Code of Conduct, Mobility may, in its sole discretion, include behavioral notes on Your account for the purpose of providing appropriate notice to Providers of any prior breaches of the Code of Conduct; and
(b) if the Services You receive are provided by a support worker who is part of a larger Provider network, the notes prepared by that support worker and the details of the User’s goals will be stored by Mobility and will be made available to other support workers who are a part of that larger Provider network.
18.2 By agreeing to these terms You acknowledge that Mobility may:
(a) retain the notes and goal details set out in this clause;
(b) provide the behavioral notes discussed under this clause; and
(c) provide the notes and goal details created by a support worker who is part of a larger Provider network, to the other support workers in that Provider network.
19. Third Party Links and Cookies
19.1 The Platform may contain links to third party websites which are not under the control of Mobility. Mobility is not responsible for the content on the third party websites. You acknowledge that You enter third party websites from the Platform at Your own risk.
20.1 Mobility may offer promotions and discounts for particular Users or Providers or on particular conditions.
20.2 Mobility has the sole discretion to establish and modify the terms of these offers and end any such offer at any time.
21. Device and network usage
21.1 Mobility does not guarantee that the Platform will function on any particular hardware or devices. The Platform relies on Your device and its network access and may be subject to limitations and delays inherent in the use of devices and electronic communications. Your mobile network’s data and messaging fees apply.
22.1 No guarantee – Mobility does not warrant or provide any guarantees in relation to the use of the Platform, the reliability of information provided to You through the Platform, nor the availability or functionality of the Platform.
22.2 Indemnity – You are liable for and agree to indemnify Mobility against all claims, liabilities, penalties, suits and actions, resulting directly or indirectly from:
(a) any information that You have provided to Mobility being inaccurate, misleading or incomplete;
(b) Your breach of any law;
(c) Your breach of these Terms; or
(d) a misuse of the Platform by You.
22.3 Governing Law – these Terms are governed by and construed in accordance with the laws of Victoria, Australia, and You accept the exclusive jurisdiction of its courts.
Supplementary Terms of Service
Terms last updated: 6th April 2020