Aged Care Services Terms And Conditions – Providers
In addition to the Mobility Terms of Use – Providers, the following Terms and Conditions apply to providers of aged care services (Aged Care Provider).
In these Terms and Conditions, unless and alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Mobility Terms of Use – Providers.
1. Aged Care services
1.1 If you accept a User’s request for aged care services (Services), you will be provided with the User’s first name, location, duration, time and type of Services via the Platform.
1.2 You acknowledge and agree that the Platform may provide the User with certain information about you, including your first name, contact information, photo, location, your vehicle make, model and license plate number, work history and references.
1.3 You must:
(a) only contact Users via the instant messaging service provided through the Platform; and
(b) not contact any User or otherwise use any of their personal information other than for the purpose of receiving Services.
1.4 The agreement for your provision, and the User’s receipt of, the Services will be an agreement solely between the User and You. The terms of this agreement are available in the app and you will need to accept them to perform the Services. At no time will Mobility have any obligations or liabilities in respect of such agreement.
2. Background Checks:
2.1 It is your responsibility to have references, a police check and all work visa documents and vehicle registrations (if applicable) available for Users to inspect.
2.2 To provide aged care services on the Platform, you represent and warrant to Mobility that you have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs.
2.3 You must conduct your own due diligence and investigations and are wholly responsible for accepting an engagement for Services from a User and, if necessary, seeking legal or other professional advice before accepting such offer of engagement.
3. Performance
3.1 User satisfaction is critical to Mobility’s business. You must provide all Services strictly in accordance with Mobility’s code of conduct (available here). If you fail to comply with the code of conduct, or we are informed by a User that you have performed the Services in a manner which fails to comply with the code of conduct, Mobility reserves the right to withhold payment for any Services and suspend or terminate your Account on the Platform pending investigation of the matter by Mobility.
3.2 In addition to clause 3.1, when performing Services you must:
(a) ensure the care, safety and comfort of Users;
(b) provide the Services in accordance with relevant laws and policies related to aged care services in the relevant state or territory in which the Services are performed;
(c) report all Notifiable Events immediately using the incidents form on the Platform.
(d) Notifiable Events include the following:
(i) an accident or incident that results in an injury that is treated by an ambulance officer or results in the injured person being treated at a hospital;
(ii) 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; or
(iii) an incident involving You or a User (or any person with which you have engaged as part 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.
3.3 You acknowledge and agree that Mobility is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your vehicle, and that you alone will choose the most effective and safe manner to perform the Services, and that you will need to provide (at your own expense) all necessary equipment tools and other materials to perform each Service, including the provision of a vehicle if it is to be used during the Services.
4. Warranties
4.1 You warrant that, when performing Services which require a vehicle:
(a) unless consented to by a User, you will not transport or allow inside your vehicle individuals other than a User and any individuals authorized by such User;
(b) Users will be transported directly to their specified destination, as directed by the User, without unauthorised interruptions or stops;
(c) in addition to any documents required to be provided under the Mobility Terms of Use – Provider, at all times you will hold and maintain:
(i) a valid driver’s license; and
(ii) all other required licenses, permits, work entitlements, approvals and authority required to provide the Services; and
(d) your vehicle will be:
(i) properly registered, licensed and generally suitable to operate as a passenger transportation vehicle;
(ii) owned or leased by you or otherwise in your lawful possession;
(iii) kept in a clean and sanitary condition; and
(iv) maintained in good operating condition consistent with industry safety and maintenance standards for a vehicle of its kind and any additional statutory standards or requirements.
5. Insurance
5.1 You acknowledge and agree that, when performing Services which require a vehicle:
(a) at all times you will hold and maintain motor vehicle liability insurance on all vehicles which you operate at insurance levels that satisfy the minimum requirements to operate a private passenger vehicle on public roads;
(b) upon request, you will provide Mobility with a copy of the insurance policy, policy declarations, proof of insurance identification card and proof of premium payment for the insurance policy;
(c) you must, at all times, be a named insured or individually rated driver, for which a premium is charged, on the insurance policy required in this clause;
(d) you are not an employee, or a worker or a deemed worker of Mobility for the purposes of any workers compensation laws;
(e) Mobility does not, and is not required to, maintain or provide you with workers’ compensation insurance or maintain other occupational accident injury insurance on your behalf;
(f) you agree to maintain, at your cost, workers’ compensation insurance or other occupational accident injury insurance (or the local equivalent) as required by any applicable law (provided that the foregoing shall have no impact on the mutual understanding between you and Mobility that you are a self-employed individual) and otherwise comply with all statutory workers compensation requirements; and
(g) if permitted by applicable law:
(i) you may choose to insure yourself against work injuries by maintaining occupational accident insurance in place of workers’ compensation insurance; and
(ii) you may choose not to insure yourself against work injuries at all, but do so at your own risk.
6. Workplace Safety Assessment
6.1 If you are providing a Service to a User who does not have a Workplace Safety Assessment attached to their account, You must, at the start of providing the Service, complete the Workplace Safety Assessment (WSA) for the User’s premises and submit the WSA to the Platform, which will be attached to a User’s Account.
6.2 If a WSA is attached to a User’s Account, you acknowledge and agree that:
(a) the WSA is only to be used as a guide and you may only rely on a WSA to the extent that you are able to identify any differences between the state of the ‘workplace’ and the WSA; and
(b) to the extent permitted by law, Mobility is released from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you may suffer as a result of relying upon a WSA 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 a WSA, unless directly caused by its gross negligence or wilful misconduct.
7. Legislative Requirements:
7.1 You must be currently living in Australia and have an Australian address as well as a current Australian working visa to provide Services through the Platform.
7.2 To provide Services through the Platform you must be:
(a) at least 18 years of age; and
(b) be legally able to work in Australia.
8. Risks
8.1 There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
8.2 Mobility makes no representations or warranties that you will receive a job as an Aged Care Provider on the Platform.
9. Payment
9.1 Mobility will facilitate payment of the Agreed Fee (shown at the time you accept the booking) on behalf of the User in accordance with the Services Agreement.
9.2 You must lodge a Services Completion Notification on the Platform in order to be paid.
9.3 The payment for the Services will be made within 5 business days of the lodgment of the Services Completion Notification.
9.4 Mobility charges a non-refundable Platform Services Fee for connecting Providers with Users on the Platform. By agreeing to these Terms of Use, You agree that this fee is due and payable to Mobility at the time a Services Completion Notification is provided to Mobility in respect of services or goods provided by You to a User that have been contracted through the Platform.
10. Cancellation
10.1 The User may choose to cancel the Services by notifying you through the Platform at any time prior to the provision of the Services. If:
(a) the User cancels the Services more than 24 hours prior to the agreed time and date for the provision of the Services, the User will not be required to make any payment for the Services and, as a consequence, you will not be required to pay the Platform Services Fee; and
(b) the User cancels the Services less than 24 hours prior to the agreed time and date for the provision of the Services, the User will be required to make payment for the cost of the first hour of the cancelled Service and you will be required to pay the Platform Services Fee.
11. Training
11.1 You Acknowledge and agree that:
(a) You will not be able to accept Services until You complete the Training marked as required training for Aged Care Providers under the Platform;
(b) to the extent permitted by law, 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 receiving or relying upon the Training; and
(c) to the extent permitted by law, 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 pursuant to the Training you are required to undertake under this clause.
12. Indemnities
12.1 To the maximum extent permitted by law, You will indemnify and hold harmless Mobility (and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Mobility arising out of or in connection with any:
(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services (including in connection with any motor vehicle accident involving the vehicles); or
(b) claim by a User or any other third party caused by any of Your acts or omissions.
13. Liability
13.1 We do not endorse, advise or recommend any of the Users, nor does Mobility guarantee or provide any assurance in respect of the behavior, actions or data of the Users posted on the Platform, and You agree that the entire risk arising out of performing any Services remains solely with You, to the maximum extent permitted under any applicable laws.
13.2 We are not be liable for any loss or damage that You may incur arising out of or in connection with performing the Services, including the conduct of the User and any accidents, incidents and issues involving You or your assets.
13.3 You acknowledge and agree that Mobility is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your performance, and that you alone will choose the most effective and safe manner to perform the Services, and that you will need to provide (at your own expense) all necessary equipment and other materials to perform the Services.
14. Non-Solicitation
14.1 By creating an Account for the provision of aged care services, You agree that (until such a time as You no longer have an Account) You will not, on your own behalf or on the behalf of any other person, directly or indirectly solicit, endeavor to entice away or otherwise interfere with the relationship of Mobility, or any other Provider, with their employees or any of their contractors, unless such contractors are also existing contractors of Yours at the time You create the Account.
14.2 If you breach the above clause 14.1, Mobility may immediately suspend or terminate Your Account.
14.3 Additionally you agree that Mobility, or the relevant affected Provider, may recover damages for a breach or threatened breach by you of clause 14.1, and that Mobility, or any other Provider affected by such a breach, may also be entitled to seek injunctions, stays, damages and such other orders as may be necessary to enforce clause 14.1 as damages may not be a sufficient remedy.
