Terms Of Service
1. What is Mobility?
1.1 The Mobility platform is Mobility Australia Pty Ltd’s (ACN 637 098 518) (“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 (“Platform”), that enables Users to contract with Suppliers of goods and services.
1.2 These Terms of Service (“Terms”) apply to Users and Suppliers (or any other person on their behalf) relating to or in connection with their access or use of the Platform. You agree to these Terms by accessing or using the Platform to access or provide goods or services as either a User or Supplier.
1.3 Mobility is not an in-home care or employment agency.
1.4 Mobility does not employ or engage workers to provide care or support (or similar) services.
1.5 Mobility does not provide care or support (or similar) services. Mobility’s business is the operation of the Platform.
1.6 You acknowledge that there is no employment, independent contractor or agency relationship between yourself (or anyone you represent or work for, or anyone on your behalf), and Mobility or any of its related entities.
1.7 The Supplier is not an employee, agent or partner of Mobility or any of its related entities.
2.1 Mobility provides the Platform to enable registered Users to make offers to Suppliers for the purpose of receiving a Supplier’s services, or obtaining those products from the Supplier (“Services”), based on the rates set out by the Supplier on the Platform.
2.2 When a Supplier accepts an offer for Services from a User on the Platform, an agreement is created between the requesting User and the accepting Supplier (“Services Agreement”). A standard Services Agreement, to which Mobility is not and will not be a party, is available here. A Supplier may provide terms different to those specified in the Services Agreement, which will be notified to Users at the point of acceptance. Mobility will not be a party to any Services Agreement. The User has discretion to accept the Supplier’s terms. The Services Agreement does not form part of these Terms.
2.3 Mobility is not a party to any Services Agreement. 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 If a User’s request for Services is accepted by a Supplier, the Supplier agrees that the following information may be provided by the Platform:
(a) a booking confirmation to the User;
(b) any information required by any body or authority for audit purposes.
2.5 Mobility does not review, evaluate, interview, screen or vet Suppliers, other than:
(a) as part of the on-boarding process to enable use of the Platform; and
(b) checks such as police, VEVO, driver’s licence and vehicle registration checks.
2.6 Users are responsible for verifying the identification of the Supplier prior to the provision of Services.
2.7 Once services have been completed under a Services Agreement the Supplier will provide a notification to Mobility by way of a confirmation on the Platform (“Services Completion Notification”).
2.8 By agreeing to these Terms you acknowledge that Mobility
(a) is not involved or in any way responsible for the delivery of Services;
(b) 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
(c) may rely on any Services Completion Notification as evidence that the Services have been completed.
2.9 You agree that:
(a) the Supplier is not providing Services for or on behalf of Mobility, and the provision of services is in connection with the conduct of their own business; and
(b) Mobility does not control the manner in which the Supplier provides Services; and
(c) the Supplier is responsible for supplying their own equipment for the provision of the Services.
2.10 The Platform is not intended for use in emergency situations. In an emergency situation (including, but not limited to if a User is suffering an acute illness or emergency condition), call 000.
3. Obligations and liability
3.1 A Supplier is under no obligation to use the Platform or accept any offers made by Users on the Platform. However, a Supplier who provides Services to a User cannot subsequently provide the same or similar Services to that User other than through the Platform.
3.2 The Supplier is solely responsible for accepting offers by Users, providing the Services and controlling the manner in which they provide the Services. In no circumstances does Mobility have control over, or responsibility for, the acts or omissions of Users or Suppliers or the delivery of the Services.
3.3 Subject to clause 5.2 of these Terms, Mobility grants you a license to access and use the Platform in accordance with these Terms.
3.4 Users seeking Suppliers are solely responsible for the selection and recruitment process of Suppliers including compliance with all applicable State, Territory and Federal laws. Mobility makes no representation, warranty or guarantee regarding the condition, performance, accuracy, reliability, timeliness, quality, suitability or availability for a particular purpose of the Services or the quality, suitability, safety or ability of the Supplier.
3.5 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.
3.6 Mobility does not endorse, advise or recommend any Suppliers or Users, nor does Mobility guarantee or provide any assurance in respect of the behaviour, actions, data or ratings of the Suppliers or Users posted on the Platform.
3.7 The User acknowledges that information supplied to Mobility by Suppliers about their skill, experience or qualifications may include omissions, inaccuracies or other errors, for which Mobility is not responsible.
3.8 Suppliers and Users agree that the entire risk arising out of provision and/or receipt of Services remains solely with them and they assume full responsibility for all associated risks, to the maximum extent permitted under any applicable laws.
3.9 To the extent permitted by law, you agree to release Mobility from any liability for any claim, damage, loss or expense, including any loss or damage in relation to your home, vehicle, equipment or assets (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of or otherwise arising out of:
(a) use of the Platform;
(b) the provision and/or receipt of Services (including but not limited to any accidents, incidents or issues);
(c) a User’s reliance on any health, financial or other advice provided by a Supplier;
(d) the activities, actions and/or inaction of a User or Supplier; or
(e) the Supplier being unavailable, not meeting a particular standard or quality, or otherwise failing to meet the User’s needs.
3.10 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 arising as a result of taking or not taking any action under or in connection with the Platform or provision and/or receipt of Services.
3.11 Although these Terms apply to Users and Suppliers in respect of the Services, it is possible that some Users or Suppliers may not comply with these Terms. Mobility encourages all Users and Suppliers to be cautious when interacting with other persons on the Platform.
3.12 Mobility reserves the right to, (but is not obliged to) remove, edit, refuse to post or review any content it deems inappropriate or out of date.
3.13 By using the Platform, the User accepts that they are exercising their choice of Supplier, and accepts all responsibilities for their choice and their actions. By engaging services from Suppliers 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 Supplier; and
(b) ensuring there is no activity that puts themselves, or the Supplier’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 on the Platform (“Account”). Mobility is under no obligation to accept your registration and the acceptance of any registration is at 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 Supplier, 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 Supplier, you acknowledge and agree that:
(a) you hold a valid ABN;
(b) you will provide your ABN to Mobility when you register your Account;
(c) if applicable, you are registered for GST purposes and are in compliance with all relevant tax requirements;
(d) you and any of your personnel must be least 18 years of age and must be legally able to work in Australia;
(e) you hold all approvals, consents and property necessary to lawfully enter into, and perform your obligations under these Terms and any Services Agreement;
(f) you have not been the subject of a complaint, restraining order, or arrested or charged with any criminal offence involving violence, abuse, neglect, theft, fraud, dishonesty or drugs; and
(g) you are not in a relationship of employment, agency or partnership with Mobility or any of its related entities as a consequence of using the Platform or providing Services to Users in connection with your use of the Platform.
4.4 You may not authorise 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 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 or inconvenience to other Users or Suppliers 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 mobile number or email address as part of the normal operation of the Platform.
4.8 While using the Platform, engaging with Mobility and its Representatives, and providing or receiving Services, you must:
(a) act honestly and reasonably; and
4.9 You are responsible for maintaining the confidentiality and security of your Account login details. If you are using the Platform on behalf of someone else in accordance with the accepted permissions in these Terms, 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 If you know or have any reason to suspect that your Account details have been lost, stolen, misappropriated, or otherwise compromised, or there is actual or suspected unauthorised access or use of your Account, you should contact Mobility immediately to enable it to take appropriate action to secure your Account.
4.11 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.
4.12 You agree that you must:
(a) only contact Users or Suppliers (as relevant) via the instant messaging service provided on the Platform; and
(b) not contact any User or Supplier (as relevant) or otherwise use any of their personal information other than for the purpose of receiving or providing Services.
5. Termination and suspension of Account
5.1 If you use or attempt to use the Platform in breach of these Terms, the Code of Conduct or any specific terms and conditions for Services, Mobility may charge you a cancellation or breach charge, and/or may suspend or 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;
(b) if you breach these Terms;
(c) if you breach the 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;
(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) if you are a Supplier, if you do not hold the requisite qualifications or skills:
(i) to properly provide the Services, or
(ii) that you have represented you have;
(g) if you are a Supplier, 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 represented that the Services have been provided;
(h) if you engage in any conduct in the course of providing or receiving Services that is or may reasonably constitute any of the following: bullying, harassment (including sexual harassment), discrimination, conduct that causes a serious or imminent risk to the health and safety of a person, theft or assault, or intoxication (only relevant to providing Services); or
(i) for Suppliers, soliciting, attempting to solicit, or accepting to provide services to a User that are the same as or similar to the Services provided to the User arising out of or as a result of an introduction via the Platform.
5.3 In the event of unusual payment activity, Mobility reserves the right to temporarily or permanently suspend your payment methods (including via credit card) and may contact you, your bank, your plan manager or any other relevant third party to report such unusual activity;
6. Code of Conduct and Notifiable incidents
6.2 If you are a Supplier:
(a) you must provide Mobility with a notice if you have been charged with or convicted of a criminal or a civil offence in country within five days of first using the Platform (or within five days of each of the charge or conviction if that occurs after your first use of the Platform);
(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); and
(c) you must report all Notifiable Events immediately using the incidents form on the Platform.
6.3 For the purposes of these Terms, Notifiable Events include the following:
(a) an accident or incident that occurs during the provision of, or as a consequence of, the Services that results in an injury that is treated by an ambulance officer or results in the injured person being treated at a hospital;
(b) a collision involving, or mechanical or other fault in, a vehicle being used during Services that results in damage to the vehicle or any person or prevents the completion of the Services;
(c) an incident involving you or a User (or any person with which you have engaged as part of the provision of the Services) that results in a complaint to the police containing allegations of sexual assault, indecent exposure, actual assault or physical threats or other intimidation;
(d) any incident about which the Supplier is notified about a User to whom they provided Services in the three months prior to notification.
7.1 Mobility may modify these Terms at any time by uploading the revised Terms to the Platform. Changes come into effect from the day on which the revised Terms are uploaded to the Platform. Your use of the Platform beyond the date of the changes will constitute your acceptance of any changes. If you disagree with the revised Terms, you must cease using the Platform and deactivate your Account immediately.
7.2 If Mobility makes a material change to the Terms, Mobility will notify you by posting a notice of the changes on the Platform and on Mobility’s website and via the email address nominated by you in your Account. You may also request a copy of these updated terms be provided to you at any time.
8.1 Charges for goods and Services are set by Suppliers, not Mobility, and are as shown on the Platform.
8.2 Charges the User incurs for the purchase of products or provision of Services are owed by the User directly to the relevant Supplier at the time of sale/provision, and are payable through the Platform’s payment processing method.
8.3 Charges the User incurs for Services are owed directly to Suppliers. Mobility may collect payment for the Services from the User as a payment administration manager and pass it on to the Supplier.
8.4 Users can request lower charges from a Supplier for Services. If a lower charge is agreed with the Supplier, the Supplier may modify the charge on the Platform through their Account. Any dispute as to the agreed level of charges is not the responsibility of Mobility, and Users must contact the Supplier in accordance with the Services Agreement.
8.5 Mobility charges a non-refundable fee to Suppliers for the opportunity for Suppliers to connect with Users on the Platform (“Platform Service Fee”). The Platform Service Fee is a percentage of the total fee charged by the Supplier for the Services as agreed on the Platform (“Agreed Fee”).
8.6 You agree that:
(a) for Users, you will be charged an amount for the Services that may include the Platform Service Fee; and
(b) for Suppliers:
(i) the Platform Service Fee is due and payable to Mobility:
(A) at the time a Services Completion Notification is provided in respect of Services or goods provided by you to a User through or as a consequence of the Platform; and
(B) upon entitlement to payment due to a cancellation by a User within 24 hours of the proposed time of delivery of the Services; and
(ii) Mobility may set off amounts owed to you by a User for the provision of Services against any amounts you owe Mobility on account of any fees (including but not limited to the Platform Service Fee);
(iii) Mobility may, but is not obliged to, assist with the administration of the provision of Services by creating invoices on your behalf in respect of the Platform Service Fee.
8.7 Mobility reserves the right to vary the Platform Services Fee and any other fees (including new fees) at any time.
8.8 If you are a User:
(a) Once Mobility receives a Services Completion Notification from the Supplier, Mobility will debit (for the benefit of the Supplier as their payment administration manager) your primary Account payment method for the Agreed Fee). If you are registered as a plan-managed or agency managed User, Mobility may set your plan as the primary Account payment method for eligible Services in accordance with the requirements of the Platform.
(b) If Mobility is notified that the National Disability Insurance Agency (“NDIA”) has rejected or only partially-funded a payment due to a Supplier, the User irrevocably authorises Mobility to debit (for the benefit of the Supplier as their payment administration manager) their secondary Account payment method for the balance of the unpaid amount due to the Supplier.
(c) If you acknowledge that you are (or are acting on behalf of) a participant under the National Disability Insurance Scheme (“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.
(d) All payments debited by Mobility from a User will be enabled by Mobility using the preferred payment method designated in the User’s Account, after which the User will receive a receipt in their Account (and by email if selected by the User).
(e) Charges debited from a User’s Account are final and non-refundable, unless under consumer law or otherwise at Mobility’s discretion.
8.9 If you are a Supplier, once Mobility receives a Services Completion Notification from you, you will be paid by the User in accordance with the Services Agreement to the Services you have provided.
8.10 Payment methods available on the Platform have their own applicable terms.
8.11An invalid or expired payment method on your Account may prevent you using the Platform.
8.12You are solely responsible for the accuracy of the bank account or credit card details that you provide to Mobility, including for Suppliers, the bank account number and BSB number for payment for Services, or for Users their credit card details.
8.13 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 Suppliers (as applicable).
8.14 Mobility uses Braintree Payments to store and process credit card transactions. The Supplier acknowledges that this may create delays in the processing and making of payment. 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.
8.15 If a User cancels an order of goods or Services prior to delivery, the User agrees that the Supplier may charge a cancellation fee pursuant to the terms of the Services Agreement they have entered with the Supplier.
8.16 If you are a Supplier and, for any reason, you provide a Services Completion Notification where the Services have not been completed, any amounts collected by Mobility (in its role as payment administration manager) from the User for these Services (including the Fee) is repayable by the Supplier (“Refundable Amount”), and will constitute a debt due and payable to the User. Mobility may, in its capacity as the payment administration manager, take all reasonable steps to return the Refundable Amount to the relevant User and obtain the Refundable Amount from the Supplier.
8.17 If a User is dissatisfied with the provision of Services by the Supplier, and you agree to a refund or return of some or all of the Agreed Fee, the Supplier remains entitled to the Platform Service Fee for the provision of those Services.
8.18 For the avoidance of doubt, regardless of the circumstances or order of payment to the Supplier (including if Mobility provides amounts in respect of Services to a Supplier before it deducts amounts from a User’s Account), Mobility is not legally responsible for payment as a payor, or a payroll Supplier or service.
9. Plan-managed Users
9.1 Users may be self-managed or plan-managed for payment purposes. Self-managed Users are required to pay the Agreed Fee using a payment method authorised by Mobility, e.g. credit card. Plan-managed Users may utilise the services of a plan manager to manage funding in relation to payment for the receipt of Services on the Platform.
9.2 Plan-managed Users agree to engage Mobility to act as a payment administration manager for the purposes of procuring payment from the plan manager, as necessary, to pay the Agreed Fee to the Supplier for the Services provided.
9.3 Once Mobility receives a notification from the Supplier that the Services have been provided to a User who is a plan-managed User, Mobility will liaise with the User’s plan manager or any other relevant third party to arrange payment of the Agreed Fee.
9.4 If for any reason the Supplier provides a notification that the Services have been completed in circumstances where they have not been, and Mobility procures payment from the User’s plan manager, the Supplier indemnifies and holds harmless Mobility (and its respective directors, officers, employees, agents and representatives) from and against any loss, damage, liability, claims, costs (including legal costs), penalties and expenses (including administrative fees and expenses) incurred by Mobility arising out of or in connection with reversing, terminating or withdrawing the incorrect claim including any costs imposed by the plan manager for such action.
10.1 The Supplier acknowledges and agrees that, when providing Services:
(a) at all times the Supplier will hold and maintain motor vehicle liability insurance on all vehicles which the Supplier operates at insurance levels that satisfy the minimum requirements to operate a private passenger vehicle on public roads, where provision of Services requires a vehicle;
(b) upon request, the Supplier will provide Mobility with a copy of any insurance policy, policy declarations, proof of insurance identification card, certificate of currency and proof of premium payment for any required insurance policy;
(c) the Supplier must, at all times, be a named insured or individually listed or rated driver, for which a premium is charged, on any insurance policy required under this clause;
(d) Mobility does not, and is not required to, maintain or provide the Supplier or User with workers’ compensation insurance or maintain other occupational accident injury insurance on the Supplier’s behalf;
(e) a Supplier who does or intends to provide Services as an allied health professional must maintain public liability insurance and adequate insurance with a reputable insurer to support all indemnities given by the Provider under this agreement; ; and
(f) the Supplier will maintain workers’ compensation insurance or other personal accident insurance (or the local equivalent) as required by any applicable law and otherwise comply with all statutory workers compensation requirements.
10.2 The Supplier acknowledges and agrees that they are not covered by any workers’ compensation insurance policy of Mobility, and indemnifies Mobility for any loss, damage, liability, claims, costs, penalty and expenses (including, reasonable administrative fees) incurred by Mobility arising out of or in connection with any workers’ compensation claim made by a Supplier.
11. Credit Card pre-authorisation
11.1 Mobility may be required to assess whether a User has the means to fulfil their obligation to make payments for the Services. Mobility reserves the right to conduct a pre-authorisation of your credit card if it is a User’s nominated payment method. This may involve placing funds in the account linked to your credit card on hold each time a User makes a purchase or request for Services, or adds a new card to their Platform account.
11.2 The pre-authorisation amount will not exceed the total amount (plus one cent) owed to the Supplier for that purchase or for booking that Service.
11.3 No funds are received by Mobility or the Supplier during the pre-authorisation process.
11.4 Mobility cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction.
12. Digital Wallet
12.1 For plan-managed or agency-managed Users, 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, you accept and agree that the amounts shown on the Platform may not be accurate and the User should not rely solely on the amount stated on the Platform for decisions on Services to be procured by them and issues outside of Mobility’s control may affect the amounts available under their plan, including but not limited to:
(a) incorrect information having been provided by the User upon creation of their Account;
(b) decisions made by the plan manager which alters the amounts available to the User; and
(c) any instance where the User or any other related person have used any part of the User’s available funding on services purchased outside of the Platform or on ineligible Services through the Platform.
12.2 In addition to the above, agency-managed or plan-managed Users also acknowledge and agree that they are responsible for ensuring that:
(a) the monies set out in their Digital Wallet are correct; and
(b) any Services purchased via the Platform are paid by them if they do not have sufficient monies available under their plan-managed plan.
12.3 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.
13.1 Mobility may facilitate access to training by third party training organisations to Suppliers for the purposes of professional development. Suppliers may not be able to accept Services until they complete or confirm prior completion of training.
13.2 You acknowledge and agree:
(a) that the training is provided by a third party, and is not training directly offered or delivered 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;
(c) to release Mobility from any liability for any claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you suffer as a result of receiving or relying on the training; and
(d) 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 facilitating access to the training for Suppliers or taking or not taking any action in relation to training.
14. Registered Supplier of Supports
14.1 Mobility is not a Registered Provider of Services under the NDIS, and does not provide goods or services through the NDIS. All NDIS goods and services ordered on the Platform are provided by independent Suppliers who are not agents of, or employed or otherwise engaged by, Mobility.
14.2 If the Supplier confirms on the Platform that the Supplier is a RPOS, the Supplier acknowledges and agrees that the Supplier will comply with the policies set out on the Mobility website and Platform, and the Supplier guarantees that the Services provided to the User will be of an appropriate quality, be delivered safely and will meet the NDIS Quality and Safeguard Framework. Failure to comply with this clause may result in suspension or termination of a Supplier’s Account by Mobility (as determined in its absolute discretion).
14.3 If you acknowledge that you are an RPOS under the NDIS, then you must, upon request by Mobility or a User, provide sufficient evidence to confirm your status as an RPOS under the NDIS.
14.4 Mobility does not make any representations as to any eligibility or assessment of eligibility for financial support for Users under the NDIS for the Services. The use and funding for the Services remain subject to the Users personal arrangements under the NDIS and any related or subordinate legislation, as amended from time to time.
14.5 Where applicable, Mobility does not guarantee the quality, appropriateness, safety or otherwise of the NDIS services, nor that the NDIS service meets the NDIS Quality and Safeguards Framework. The User accepts the risks arising out of their use of the Platform to the maximum extent permitted by law.
15.2 Purposes for which Mobility collects and may use and disclose your, and other persons that use 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.
16. Feedback and complaints
16.1 You may, but are not required to, rate a Supplier or User on the Platform after conclusion of the Services being provided. You must be fair and accurate when leaving complaints, comments, feedback, testimonials or reviews.
16.2 If Mobility becomes aware of any complaints, comments, feedback, testimonials or reviews which are in breach of clause 16.1 or otherwise exposes Mobility to any legal liability, it reserves the right to remove the complaint, comment, feedback, testimonial or review.
16.3 All issues, complaints, opinions, suggestions, questions and feedback in respect of Suppliers or Users should be notified to Mobility or communicated to Mobility through the Platform.
16.4 Any disputes in relation to the Services Agreement should be dealt with in accordance with the Services Agreement between the Supplier and User. Mobility may, but is not obliged to, facilitate or participate in a dispute resolution process.
17. Intellectual Property
17.1 The Platform and any material on the Platform, including all associated Intellectual Property Rights, are the exclusive property of Mobility and/or its licensors, Suppliers or authorising third-parties.
17.2 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.
17.3 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.
17.4 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.
18. Retention of Notes and Data
18.1 At the conclusion of the provision of Services, Suppliers must document notes of the care and Services provided to the User using the method provided for on the Platform, e.g. in a “Notes” section of the clock out page of the Platform. These User health status notes must be sufficiently comprehensive to enable any later Supplier to properly understand the Services that were previously provided to the User.
18.2 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 behavioural notes on your account for the purpose of providing appropriate notice to Suppliers 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 Supplier network, the notes prepared by that support worker and the details of the User’s goals may be stored by Mobility and may be made available to other support workers who are a part of that larger Supplier network.
18.3 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 behavioural notes as anticipated under this clause; and
(c) provide the notes and goal details created by a support worker who is part of a larger Supplier network, to the other support workers in that Supplier 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.
19.3 From time to time, Mobility may promote, or advertise events, offers, products, services or other activities that may be conducted offline and may be conducted by third parties. These events, products, services or other activities may be subject to separate terms. You acknowledge that you participate in any of these activities entirely at your own risk.
20.1 Mobility may offer promotions and discounts for particular Users or Suppliers 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 By registering as a User of the Platform, you acknowledge and agree that:
(a) you have registered for the sole purpose of receiving Services; and
(b) if you misrepresent yourself by registering as a User for any reason other than receiving Services, and such misrepresentation causes loss to Mobility, Mobility reserves the right to recover damages from you for such loss.
23.1 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.
23.2 Indemnity – To the maximum extent permitted by law, the Supplier and User will indemnify and hold harmless Mobility (and their respective directors, officers, employees, agents and Representatives) from and against any losses, damages, liability, claims, costs, penalty, charges and expenses (including, reasonable legal fees) incurred by Mobility that arise:
(a) out of any injury (including but not limited to sickness and death) or property damage caused or contributed to by the User and/or Supplier in connection with any Services (including in connection with any motor vehicle accident involving the vehicles);
(b) out of any breach by the User or Supplier of these Terms or the Services Agreement;
(c) out of any negligence, breach of duty or breach of statute by the User or Supplier;
(d) in the event that a Supplier is deemed to be or are treated in the same manner as an employee of Mobility at common law or under any legislation; or
(e) out of any claim by a User, Supplier or any other third party arising out of or in relation to the provision and/or receipt of Services.
24. Modern slavery
24.1 Suppliers undertake and agree to comply with the Modern Slavery Act 2018 (Cth) (“MS Law”), and warrant that they, and any of their employees, are aware of any circumstances within their supply chain that would give rise to an investigation or charge in connection with any breach of the MS law.
24.2 Suppliers must, on request by Mobility, provide Mobility to reasonable access to its records for the purposes of the MS Law, and report to Mobility and actual or suspected instances of modern slavery in the supply chain of any of its own goods/services.
25. 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
Services Agreement – Contract of work between the User and the Supplier
Terms last updated: 26th September 2023