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FOR CARE USER AGREEMENT

Welcome to For Care.

For Life provides the For Care online platform (“For Care”) which is an online community whereby Customers and Providers (such as support workers, health professionals and more) can engage with each other and independently agree to and organise a range of support and care services.

This website with URL address http://www.forcare.net.au is owned and operated by For Life Pty Ltd (Australian Company Number (ACN) 149 645 885) (“For Life”). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern For Life Pty Ltd’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

Any reference to "For Care" within this document is a reference to both For Life Pty Ltd and the For Care online platform, inclusive

  1. Terms of use

    1. Please read the terms of use (the “User Agreement”) set forth below, as they apply to your access and use of our services, including our various websites, APIs, email notifications, applications, buttons and widgets (the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as the “Content”). Your access to and use of the Services signifies your acceptance of this User Agreement, your agreement to be bound by them and any and all other applicable terms or policies referenced herein absolutely.

    2. This agreement incorporates all policies available on our Services which are implemented and or amended by For Care from time to time – all of which constitute the entire agreement between you and For Care. Your continued use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments.

    3. To contact us or to advise of any violations of the agreement, please write to: support@forcare.net.au

  2. Other applicable terms

    1. You acknowledge that the terms of this User Agreement refer to the additional terms in our Privacy Policy, which also apply to your use of our Services.

    2. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Australia for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages.

  3. Information about us

    1. The Services are provided and operated by For Life Pty Ltd. We are a private company limited by shares registered in Australia with Australian Company Number (ACN) 149 645 885 and have our registered office at 18 Honeygem Place, Birkdale, Queensland 4158.

  4. Changes to our services

    1. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.

    2. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete or up to date.

  5. Accessing our services

    1. When accessing our Services, you agree to the following:

    2. You may only use our Services for lawful purposes and in a manner consistent with the nature and purpose of the Services.

    3. Unauthorised use of our Services may be a criminal offence and or give rise to a claim for damages.

    4. Your use of our Services and any dispute arising out of your use of it is subject to the laws of Queensland.

    5. For Care has no control over and is not responsible for the acts or omissions of any Users on or off the Services.

    6. For Care makes no representation or warranty regarding the quality of any care or support services or any other services provided by any Provider.

    7. For Care may, but are not obligated to, deactivate, suspend and/or remove content from our Services we determine or suspect that that content, or accounts, violate the terms of this User Agreement.

    8. For Care take no responsibility for your exposure to content on our Services and or through the Services whether or not it violates the terms of this User Agreement.

    9. For Care is not responsible for the accuracy or reliability of any information provided by any User on or off the Services.

    10. For Care takes no responsibility and has no obligation in contract or duty of care to manage or involve itself in any interactions between Users or in respect of any contract.

    11. You are responsible for making your own decision regarding the Users that you engage with using our Services.

    12. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on our Services for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

    13. Your use of any information or materials on our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Services meet your specific requirements.

    14. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of our Services.

    15. Our Services may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.

    16. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of our Services.

    17. Every effort is made to keep our Services up and running smoothly. However, we take no responsibility for, and will not be liable for, our Services being temporarily unavailable due to technical issues beyond our control.

  6. Conflicts and or disputes

    1. Conflicts and or disputes between Users of our Services must be resolved directly between the affected Users.

    2. For Care has no obligation, though we reserve the right, to monitor or take action regarding such conflicts or disputes.

    3. If the dispute or conflict is between a User and For Care then our goal is to address the concerns and, if are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly.

    4. For Care may elect to resolve any claim or allegation in a cost-effective manner through binding non-appearance-based arbitration commenced through an alternative dispute resolution (ADR) provider. Should this course of action be elected, For Care will provide a list of ADR providers to you whereupon you will select one for use.

  7. Contractual relationships

    1. Users of our Services must act in good faith towards For Care and must not to anything contrary to the interests of For Care.

    2. For Care is not an employment service or agency and as a User you acknowledge you are not legally affiliated with For Care.

    3. For Care does not employ or contract directly with Providers.

    4. For Care provides the technology upon which Providers and Customers can interact and the technology to facilitate payment for care and support services.

    5. For Care is not a party to the contract between the Provider and the Customer. It is the responsibility of the Customer to communicate clearly and accurately with the Provider and for the Provider to charge for the care and support services at the agreed hourly rate.

    6. The Provider is liable for all acts or omissions in the provision of care and support services.

    7. The Customer and or Account Delegate is liable for all acts or omissions in the receipt of the care and support services.

    8. After a Customer accepts a Provider’s Rate Card the contracting and employ of the Provider by the Customer will commence. At which point For Care will ensure information required to complete the agreement will be released to each respective party.

    9. Providers and Customers contract directly with each other and For Care does not involve itself in the terms of that agreement.

    10. Users of our Services permit For Care to prepare and issues invoices on behalf of the Provider and to submit these for payment on a weekly or fortnightly basis pursuant to the payment method selected by the Customer.

    11. By using our Services you understand and expressly agree that you will both observe and comply will all legislation and regulations pertaining to the engagement of a Provider for care and support services and the provision of those services to a Customer.

    12. All Users agree to the terms included in the Privacy Policy and Code of Conduct which form part of this User Agreement.

  8. Providers - payments

    1. When registering as a User of our Services, a Provider agrees to pay:

      1. Insurance premiums or excess as agreed to be the use of our Services;

      2. Costs for any additional ‘opt-in’ services; and

      3. The Provider Fee.

    2. A Provider agrees to provide, and authorises For Care to use for depositing purposes, the following information in connection with the payment process:

      1. Type of care or support service the Provider is qualified to deliver and thus has agreed with the Customer to deliver;

      2. Personal information; and

      3. Bank name, account name, account number, bank BSB number, bank account type.

  9. Customers - payments

    1. When registering as a User of our Services, a Customer agrees to pay:

      1. The total fee for care and support services arranged through the platform; and

      2. The Customer Fee.

    2. A Customer agrees to provide, and authorises For Care to use for debiting, the following information in connection with the payment process:

      1. Type of care or support service agreed to with the Provider;

      2. NDIS or Aged Care account information if opting to use funding packages;

      3. Personal and household information; and

      4. Bank name, account name, account number, bank BSB number, bank account type; and/or

      5. Credit card or debit card details.

  10. Insurance

    1. For Care has engaged with Vero Insurance Australia, Lloyds of London and TIC Insurance Brokers to make insurance covers available to Providers for care and support services which are organised and invoiced through For Care.

    2. The cost of the insurance is covered by For Care as part of the Provider Fee.

    3. The cover only applies once a Provider has completed all aspects of their profile and have been approved by For Care.

    4. Should a claim arise, the Provider will be liable for the excess amounts of the policy which can be up to $3,000.00.

  11. Registration eligibility

    1. By using our Services, you represent and warrant that:

      1. As a Customer

        1. You are at least 18 years of age

      2. As an Account Delegate

        1. You are at least 18 years of age, though may be operating an account for someone younger than 18 years of age; and

        2. You have the authority to represent such a third party as their Account Delegate and bind the third party to this User Agreement.

      3. As a Provider

        1. You are at least 18 years of age; and

        2. You are and will continue to be an Australian citizen and or a person legally authorised to work within Australia.

      4. For all Users of our Services (Customer, Account Delegate, Provider, inclusive)

        1. You have the authority, capacity and right to enter into this User Agreement

        2. You, nor anyone within your household, has been:

          1. The subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offence; or

          2. And or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.

    2. For Care may make use of verification systems and services owned and operate by third parties in order to independently verify Users of our Services, these include, but are not limited to:

      1. Credential verification;

      2. Police checks

      3. Motor vehicle record checks

      4. Credit checks

      5. Identification checks

      6. Searched of publicly available records

  12. You understand and agree that For Care does not assume responsibility nor have any control over the reliability or accuracy of any information provided by any third party verification service.

  13. Indemnification

    1. Each and every User will hold harmless, indemnify and keep For Care indemnified against any liability arising from or connected with:

      1. any act or omission of another User, whether they are a Customer or Provider; and

      2. any representation made by For Care relying on the warranties of Users in this User Agreement.

    2. Each and every User indemnifies, defends and holds For Care and its Affiliates harmless from and against any and all third party claims, liabilities, demands, proceedings, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) and damages (actual, special and consequential) of every kind and nature, known and unknown, made by any third party due to or arising out of:

      1. Your breach of this Agreement;

      2. Your violation of any law or the rights of a third party;

      3. Any of your content and or information that you submit, post or transmit through our Services;

      4. Your use of our Services;

      5. Any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into our Services;

      6. Any disputes that arise between Users in relation to care and support services.