Terms of Use

Before using the CareVicinity Platform, please carefully read these Terms of Use which set out your rights and responsibilities in using the Platform. By using the Platform, you agree to be bound by all of the Terms of Use.

If you are a Support Worker, your right and ability to use of the Platform is contingent upon your accepting and agreeing to a separate memorandum of understanding or similar document (as provided by us to you) setting out requirements in relation to your role, conduct and responsibilities (the “MoU”). Once executed, as between you and us the MoU forms part of and is incorporated into these Terms of Use. To the extent there is any inconsistency between these Terms of Use and the MoU, these Terms of Use will prevail.

1.CareVicinity Platform

1.1The CareVicinity Platform is a digital care marketplace operating across Australia, connecting Support Workers with Care Seekers seeking Services.

1.2We provide the tools for Support Workers and Care Seekers to negotiate and directly contract with each other in order to carry out the agreed Services.

1.3We are a facilitator of care connections, not a direct provider of the Services. We are not a party to any Service Agreements that may be entered into between the Users of the Platform.

1.4We will:

(a)facilitate the provision of information and communication between Users;

(b)provide an invoicing generation and online payment system to Users for Services contracted through the CareVicinity Platform;

(c)provide insurance for Support Workers as set out in clause 10; and

(d)manage Users in accordance with clause 3 of these Terms of Use.

1.5You will:

(a)use the Platform in accordance with clause 5 of these Terms of Use;

(b)negotiate and contract with other Users in accordance with clause 6 of these Terms of Use;

(c)use the CareVicinity invoicing and online payment system for all transactions completed through the Platform; and

(d)comply with our policies in respect of Services provided or received using the Platform.

1.6Other than the contractual relationship created by these Terms of Use, you acknowledge and agree that there is no relationship or affiliation between you and us that arises from your use of the CareVicinity Platform, including but not limited to any type of employment, agency, contractor or joint venture relationship. You must not represent or promote that you have any such relationship with us.

1.7We do not employ or contract any Support Workers. We are not an employment agency or labour hire company. We do not provide the Services.

2.Acceptance of Terms

2.1These Terms of Use constitute a binding contract between you and us. By using the CareVicinity Platform, you agree to be bound by these Terms of Use.

2.2We may change, update or vary these Terms of Use from time to time by publishing the amended Terms of Use on the CareVicinity Platform. If we do so, we will:

(a)notify you no less than 10 business days before they take effect, if the change has a material detrimental impact on you;

(b)notify you no less than 3 business days before they take effect, or if we are unable to do so, by giving as much notice as we reasonably can, if required by law or otherwise necessary for security reasons or for technical reasons; or

(c)without telling you, if we reasonably consider the changes are likely to benefit you or have a neutral impact on you.

Any such change, update or variation to the Terms of Use will not have retrospective effect.

2.3The amended Terms of Use will be accepted by you when you acknowledge the amendments or by continuing to use the CareVicinity Platform after the effective date notified by us, whichever is earlier. If you do not agree with the amended Terms of Use, then you must immediately stop using the CareVicinity Platform.

2.4You acknowledge and agree that we are not responsible for hyperlinks to third party websites or the availability of any such websites and that we do not endorse or warrant, and are not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.

2.5You acknowledge and agree that these Terms of Use do not provide any third party with any claim, remedy, liability, reimbursement, cause of action or any other right under these Terms of Use. Unless expressly stated otherwise, there are no third party beneficiaries of these Terms of Use.

2.6These Terms of Use were last updated on 31 August 2026.

3.Users

3.1Registration of Account

Before you can use CareVicinity, you must request to register an account with us and provide us with any further information or documentation required to complete the Verification Process. There is no fee to register an account. We have the right to accept or reject any account registration request in our absolute discretion at any time.

3.2Eligibility

By registering to use the Platform, you represent and warrant that:

(a)if you are an individual, you are at least 18 years old;

(b)if you are a company, organisation, trust or other entity, you have the power to enter into and perform your obligations under these Terms of Use and any Service Agreement entered into using the Platform;

(c)if you are registering an account on behalf of a third party, you have the authority to act for and bind that third party to these Terms of Use;

(d)if you are an Authorised Representative applying to represent an individual, you have the right to or are otherwise authorised to act on behalf of that individual;

(e)you have the capacity, authority and/or right to agree to these Terms of Use;

(f)all information or Mandatory Documents provided to us in connection with your account are true and correct in all material respects and do not omit any information, and you will notify us as soon as practicable if any information, or Mandatory Document changes;

(g)you have not been convicted of any crime, are not a registered sex offender, have not engaged in any conduct lawfully preventing the provision of the relevant Services and you are not otherwise the current subject of complaints, claims, investigations or legal actions;

(h)you hold or will hold all necessary authorisations, approvals, consents and licences to perform your obligations under or in connection with any Services performed under any Service Agreement; and

(i)you do not have another account on the Platform or have not requested to register another account on the Platform, that is the same account type as the one that you are registering for.

If you make statements on the Platform, we may verify them by:

(a)making inquiries into your compliance with eligibility requirements;

(b)verifying your ID;

(c)asking you to provide proof of eligibility for use of the CareVicinity Platform; or

(d)removing any Users who we believe have not complied with the eligibility described in this clause 3.2 or are otherwise non-compliant with these Terms of Use.

3.3Active Account

When your account has been created and you have filled in the required information:

(a)your profile will be publicly listed on the Platform and will be able to be viewed by other Users;

(b)you will be able to provide information and communicate with other Users (depending on your account type);

(c)where applicable, other Users will be able to provide information and communicate with you; and

(d)where applicable, other Users will be able to see your location (for instance, Support Workers will be able to share their location when going on site), but you are able to control whether your location is shared, through the Platform functionality.

3.4CareVicinityPRO

If you are an Authorised Representative, you may be eligible to access the CareVicinityPRO tier of the Platform, which is designed to assist with the management of multiple individual care seekers, and if you are, we will provide it to you as part of your Platform access on request for as long as that tier is available or until your Platform access ends for any reason.

3.5Verification Process

(a)You agree to provide us with Mandatory Documents or other information reasonably required by us to verify your account type in the ‘Verifications’ section of the Platform before your account is verified. All personal information you provide to us will be dealt with in accordance with our Privacy Policy.

(b)You consent to and authorise us to conduct checks of the Mandatory Documents or other information in accordance with the Privacy Policy and these Terms of Use.

(c)We will review the Mandatory Documents or other information you provide and verify your account if the information is current and meets the requirements of the Platform.

(d)We have the right to independently verify any Mandatory Documents or other information provided to us, however, we are not obliged to do so.

(e)Once your account has been verified through this Verification Process, you may enter into Service Agreements with other Users.

(f)You must only apply to provide Services that you are deemed ‘eligible’ to deliver. Eligibility is determined based on Service specific requirements.

(g)The verification of an account is not a warranty or representation by us that a particular User is authorised or qualified to provide Services listed on their profile or is otherwise entitled to receive the Services. You are solely responsible for verifying information provided to you by another User and determining whether the Services you are providing or receiving (as applicable), are fit for purpose.

3.6Account Security

(a)You are responsible for:

(i)the use of your CareVicinity account and all activities that occur on the Platform with your account (except where caused by our negligence, breach of contract or breach of Law); and

(ii)ensuring your CareVicinity account username, password, email and any other credentials are kept private and confidential.

(b)You agree that you will not transfer or share your CareVicinity account with any other person or entity.

(c)You must notify us immediately of any unauthorised use of your account.

(d)We may, but are not obligated to, suspend or terminate your account if you breach this clause or if unauthorised use occurs.

3.7User Obligations

(a)By registering and using the Platform, you must:

(i)comply with these Terms of Use, any of our policies, or any other Code of Conduct or Laws that apply to you;

(ii)follow our reasonable directions in connection with the access to and use of the Platform;

(iii)cooperate with us in any way reasonably required by us to comply with our obligations under these Terms of Use and applicable Laws;

(iv)continue to meet the eligibility requirements set out in clause 3.2;

(v)only use the Platform and provide the Services in accordance with all applicable Laws;

(vi)only communicate with Users of the Platform for the purposes contained in these Terms of Use;

(vii)comply with all your obligations under the relevant privacy Laws, in relation to any personal information collected through the use of the Platform and Services;

(viii)not use the Platform to:

(A)to engage in any fraudulent or unlawful behaviour, or to engage in any misleading or deceptive conduct;

(B)knowingly access, store, distribute or transmit any viruses or any material during the use of the Platform, which is unlawful, harmful, defamatory, discriminatory or violates any applicable Laws;

(C)to defame, menace or harass any third party;

(D)to gain unauthorised access to or interfere with any online resources or systems of any third party, including by any form of hacking;

(E)in any manner that is likely to result in our systems, or that of any other person, being affected by any malicious code;

(F)in a way that infringes the intellectual property rights or any other rights of any person;

(G)in a way that disrupts, misuses or excessively uses the hardware, bandwidth access, storage space or other resources or its third party service providers or other Users;

(H)for any data mine, scrape, crawl, email harvest or any other process that sends automated queries; or

(I)in any other manner that is otherwise unacceptable to us.

3.8Suspension or termination of account

(a)We may suspend or terminate your account by providing you with prior notice in accordance with clause 3.8(b), if you:

(i)engage in conduct that breaches or contravenes these Terms of Use, any of our policies, or any other Code of Conduct or Laws that apply to you;

(ii)no longer meet the eligibility requirements set out in clause 3.2;

(iii)fail to meet your obligations set out in clause 3.7;

(iv)engage in any prohibited activity set out in clause 5.2;

(v)obtain a user review rating lower than the Minimum Rating as set out in clause 5.3;

(vi)are convicted of a serious criminal offence or any offence which we reasonably consider to be relevant to you no longer providing or receiving Services;

(vii)have provided a document to us expires without a replacement or current document being provided by you; or

(viii)if you fail to make payment of a Tax Invoice when due.

(b)We will endeavour to provide you with reasonable notice of any such suspension or termination, but you acknowledge and agree that in some circumstances, it may be appropriate to give no advance notice where the circumstances are, in our opinion (acting reasonably), serious.

(c)If we suspend your service, we will reactivate it as soon as reasonably practicable after the underlying issue has been resolved (if at all).

(d)The suspension or termination of your account does not change your obligations to pay the Platform Fees or any invoices payable to other Users.

4.Intellectual Property

4.1CareVicinity IP

We hold all right, interest and title in the CareVicinity Platform including, but not limited to, the CareVicinity name, the logo, the product and service names associated with the Platform, trade marks, software, code, intellectual property rights, systems, and website content (not including content created by a User) (CareVicinity IP), including any modifications to the CareVicinity IP. You acknowledge and agree that these Terms of Use do not convey any rights, transfer of ownership or licence in the CareVicinity IP, including any modifications to the CareVicinity IP.

4.2Prohibition on Use

You must not use, distribute, transmit, store, publish, reproduce, copy, sell, offer for sale, or otherwise deal with the CareVicinity IP without our prior written consent, which may be withheld in our absolute discretion.

5.Use of Platform

5.1Content and Communications

(a)You are solely responsible for all content and communications that you make available on CareVicinity or that is transmitted to another User.

(b)You must make your own enquiries in relation to any representations made or documents provided by another User.

(c)You must own all rights, title and interest including any copyright or intellectual property rights in respect of any content that you create or publish on CareVicinity. You consent to your content being used, distributed, and reproduced by us to facilitate use of the Platform by the Users in accordance with the Privacy Policy.

(d)You grant us (and our successors and assigns) an irrevocable (other than for breach), worldwide, fully paid, royalty free and non-exclusive licence to distribute, store, publish, reproduce, and otherwise use your content and intellectual property made available on the Platform for the purposes of providing and making available the Platform to you, on a worldwide, fully paid, royalty-free basis.

(e)You warrant that you have the right, interest and/or title to grant the licence on the terms set out in this clause.

5.2Prohibited Activities

You must not post, upload, or publish on the Platform or communicate to any other User in a way that:

(a)is unlawful, abusive, discriminatory, defamatory, derogatory, obscene, insulting, inappropriate, explicit, intimidating, or offensive;

(b)is false and misleading or is likely to mislead or create a false impression, contains misleading statements or representations, or omits any material information;

(c)breaches or infringes a third party’s registered trade mark, copyright or other intellectual property rights;

(d)contains confidential information or personal information about a person that is without the prior consent of the affected party and/or in breach of any Law or contractual obligation;

(e)is or contains any malicious or invalid code, virus, Trojan, worm, data mining, web scraping, or any file or program designed to disable, destroy, limit, interrupt, interfere with or infiltrate CareVicinity, the Platform’s operation, any User, an internet service provider, or any other computer software or hardware;

(f)relates to goods or services that are unrelated to care and support work and/or that are not within the categories permitted to be advertised or promoted by that User’s account type;

(g)includes another Users account details or direction to access another Users account without their consent; or

(h)is contrary to any of our policies, as made available to you.

5.3User Reviews

By using the Platform, you acknowledge and agree that:

(a)we may calculate a rating or score based on your utilisation rate, use of the Platform, care delivery and other review metrics, which may be publicly available on your profile;

(b)other Users may provide feedback, reviews, quality ratings and other review metrics about you, which may be publicly available on your profile; and

(c)you may provide feedback, reviews, and ratings of other Users provided that they are not false, misleading or deceptive and are otherwise in accordance with these Terms of Use.

To continue using the Platform, you must obtain a minimum rating of three stars at any given time (Minimum Rating). Where you do not maintain the Minimum Rating, we may provide you with written notice and reasonable opportunity to rectify the Minimum Rating within 14 days of such notice. Thereafter, we may decide to investigate you, and if reasonably satisfied that you have failed to perform as required, we will provide you a reasonable opportunity to address our concerns. If you fail to address our concerns, acting reasonably, we will remove you from the Platform.

5.4Content Removal

We may remove or modify content on the Platform that breaches these Terms of Use, or otherwise at our reasonable discretion.

6.Service Agreement

6.1Parties to Service Agreement

Any Service provided by a Support Worker to the Care Seeker are provided by a Service Agreement between those two parties. We are not a party to the Service Agreement and are not involved in the negotiation of the Service Agreement or provision of the Services.

6.2Process to enter into Service Agreement

The Platform provides the following framework for Users to negotiate and contract with each other:

(a)A Care Seeker may post a job listing outlining the Services required. The Support Worker can submit an offer in response, outlining the rates and the scope of the agreed Services that they are able to provide.

(b)A Care Seeker then considers the offer(s) received and negotiates any changes to the terms with the Support Worker.

(c)If both the Care Seeker and the Support Worker reach an agreement on the terms of service, the ‘Service Agreement’ is entered into.

(d)A proposal for Services may be rejected or withdrawn (as applicable) by:

(i)formal rejection by the Care Seeker;

(ii)withdrawal by the Support Worker; or

(iii)either User ceasing all communications with the other.

6.3Terms of the Service Agreement

(a)Subject to (b), the Service Agreement may contain any terms agreed between the Care Seeker and Support Worker.

(b)However, the following minimum terms must be reflected in the Service Agreement for transactions completed through the Platform:

(i)the Support Worker must submit a case note through the Platform to confirm the work completed following the Shift or each Shift (as the case may be);

(ii)a Tax Invoice must be issued by or on behalf of the Support Worker to the Care Seeker every 7 days for all approved Shifts;

(iii)the CareVicinity Platform is to be used for all transactions and we are authorised to collect payment from the Care Seeker or its nominated third-party payer and subsequently pay the Support Worker;

(iv)the rate agreed by the parties must be sufficient to ensure that the Support Worker is remunerated in accordance with all applicable minimum wage and similar labour Laws; and

(v)the Service Agreement must not otherwise contain terms inconsistent with these Terms of Use.

6.4Incident management

(a)The Platform includes the ability for Users to report Incidents following a Shift being completed, in order to assist NDIS and registered aged Support Workers comply with Laws, Codes of Conduct and ensure best practice governance of the standards.

(b)If an Incident occurs, any User can report it by:

(i)submitting an Incident report when logging a Shift;

(ii)submitting an Incident report from the ‘compliance’ tab in-platform; or

(iii)emailing compliance@carevicinity.com.au.

(c)Once we have reviewed the Incident, we may notify the relevant NDIS or Home Registered Providers of any Incidents involving their clients, in recognition of those providers’ regulatory reporting obligations, under the NDIS Quality and Safeguards Commission.

(d)If we are unable to confirm that the responsible reporting party has submitted a report to the relevant regulatory authority (such as the Aged Care Quality and Safety Commission or the NDIS Quality and Safeguards Commission), or if the provider is unwilling or unable to do so, we will escalate the matter and report directly to the appropriate regulatory authority, the police, or any other relevant legal body, as required.

(e)If we consider that there are indications of criminal conduct, we will refer the matter to the relevant police authority, whether state, territory, or federal.

(f)In circumstances involving suspected child abuse, we will report directly to the appropriate child protection agency.

(g)For high-risk Incidents, such as NDIS reportable incidents or Priority 1 incidents under Aged Care, we will notify the police within 24 hours of becoming aware, regardless of whether the incident is confirmed or only suspected.

7.Invoicing and Payments

7.1Non-entitlement to payment

The Support Worker may not be entitled to payment if the following occurs:

(a)the hours billed exceed the approved Service Agreement without prior approval from the Care Seeker;

(b)the funding for the Service has been suspended;

(c)the Services are not invoiced within 60 days of being provided;

(d)the Support Worker was unable to access the property or the Care Seeker;

(e)the Support Worker failed to follow the Care Seekers directions regarding requirements or conditions for accessing the premise;

(f)the Support Worker does not notify the Care Seeker of shift cancellations at least 24 hours in advance by calling or marking the shift as such in the Platform; and

(g)additional support sessions are made on public holidays without pre-approval from the Care Seeker.

7.2Shifts

(a)After a Support Worker performs the Services under the agreed Service Agreement, the Support Worker must promptly submit service logs for Services provided, including date of Service, start and end time, descriptive case notes, any Incidents that occurred and any other information relevant to the Services or as otherwise indicated in the Services Agreement (Shift).

(b)Each Shift must be logged against a specified Job, as set out in the Service Agreement.

(c)All logged Shifts must align with the conditions set out in the Services Agreement, unless they are put on hold for review.

(d)The Care Seeker must:

(i)review and ensure that all the information provided in a Shift is accurate; and

(ii)manually accept the Shift, unless Automatic Approval applies.

(e)CareVicinity provides an automatic acceptance service, where Shifts which fit your Service Agreement exactly, can be automatically approved (Automatic Approval).

(f)You will be notified that you have been automatically opted into Automatic Approval. However, should you prefer to manually approve shifts, you will be able to control these settings under ‘Account settings’.

(g)If Automatic Approval applies, you will be deemed to have accepted the service log on Automatic Approval and an invoice will be issued. You may still dispute an invoice that has been accepted through Automatic Approval by written notice to us by emailing hello@carevicinity.com.au.

7.3Tax Invoices

(a)All approved Shifts must be invoiced within 60 days of being provided.

(b)We will generate a single Tax Invoice for all approved Shifts on behalf of and as agent for Support Workers for Services provided to each Care Seeker.

(c)We may issue Tax Invoices to the Care Seeker, or the Care Seeker’s relevant Funding Provider, every 7 days. Tax Invoices will only be issued where Shifts are submitted and approved within that time frame.

(d)The Care Seeker or Care Seeker’s relevant Funding Provider must pay us for any Tax Invoices issued to the Care Seeker within 7 days of the date of the Tax Invoice.

7.4Payment

(a)Care Seekers must pay the fees (or, where applicable, procure that the fees are paid by the relevant Funding Provider) specified in the Tax Invoice.

(b)We operate as a third party collection agent for Support Workers. Care Seekers must make payments to us using either:

(i)direct debit; or

(ii)a Funding Provider,

(c)If a Care Seeker uses a Trusted Funding Provider, we may make payment to the Support Worker without first reconciling payment from a Care Seeker’s relevant Funding Provider. For all other Funding Providers, we must receive payment from them prior to paying the Support Worker.

(d)If you are not using a Funding Provider, you must set up direct debit to pay your Tax Invoices. We will provide you with a direct debit form and can assist you in setting this up.

(e)On receipt of payment, we will subsequently disburse the net payment to the Support Worker, after deducting the applicable Platform Fee.

(f)Care Seekers acknowledge and agree that we are not responsible for payment to Support Workers. A Care Seeker must ensure that they have sufficient funds in their account to pay the Tax Invoice by the due date.

(g)A Care Seeker will be liable for any additional fees that may be charged by the bank, financial institution or Funding Provider, including but not limited to insufficient fund fees, transaction fees, overdraft fees or interest, which may be charged to you as a result of paying invoices to us.

(h)Once payment is made, Support Workers may view a payment summary on their Platform account.

7.5Bulk Billing

If you are a Support Worker Organisation, you may utilise our bulk billing feature. This enables Support Worker Organisations to submit Tax Invoices via email to a designated CareVicinity address. Upon receipt, Tax Invoices are scanned, and data is extracted to enable Shifts to be approved and the payment process in clause 7.4 above to commence.

7.6Platform Fee

The Platform Fee is payable by the Support Worker for all transactions completed through the Platform. Platform Fees are deducted from the total amount payable by the Care Seeker to the Support Worker prior to payment to the Support Worker. If the Platform Fees are amended by us, we will provide you with a reasonable period of notice prior to the change of Platform Fees taking effect.

7.7Accuracy of Payment Details

You are solely responsible for the accuracy of the bank account, credit card, or other payment details provided to us. If your payment details change, you must immediately provide us with your new payment details through the Platform. We are not liable for any errors in fund deposits or withdrawals due to you providing incorrect or inaccurate payment details.

7.8Accuracy of GST Details

(a)To facilitate the generation and issue of Tax Invoices in compliance with the GST Act, Support Workers are responsible for ensuring that any information they provide to us in respect of GST is accurate, including but not limited to:

(i)the Support Worker’s ABN;

(ii)whether the Support Worker is registered or required to be registered for GST; and

(iii)the GST treatment of any Supply made to the Care Seeker.

(b)If any information provided by a Support Worker to us in respect of GST ceases to be accurate, the Support Worker must provide updated information to us promptly.

(c)We are not liable for any tax defaults or other costs that arise due to Support Workers providing inaccurate information in respect of GST or failing to provide updated information where information previously provided ceases to be accurate.

7.9Third party services

We may use third party payment processing services now or in future to store and/or process payment for Services provided through CareVicinity. Any use of a third party service will be governed by the relevant third party licence or agreement.

8.GST

8.1Definitions

Any terms capitalised in clause 8 and not already defined in clause 16 have the same meaning given to those terms in the GST Act.

8.2GST inclusive

The consideration for a Supply made under or in connection with this document includes GST.

8.3Taxable Supply

If a Supply made under or in connection with this document is a Taxable Supply, then at or before the time any part of the consideration for the Supply is payable, the Supplier must give the Recipient a Tax Invoice for the Supply.

8.4Warranty that Tax Invoice is issued regarding a Taxable Supply

Where a Tax Invoice is given by the Supplier, the Supplier warrants that the Supply to which the Tax Invoice relates is a Taxable Supply and that it will remit the GST (as stated on the Tax Invoice) to the Australian Taxation Office.

9.Avoidance of Platform Fees

9.1You must only book, receive payment for, and provide payment for Services through the Platform.

9.2You acknowledge and agree that the Platform’s function and purpose is not to enable Support Workers and Care Seekers to form contact and continue the provision of Services without further interactions with the Platform. The Platform’s purpose is to support Users throughout the whole process from first communications to Service delivery.

9.3You must not:

(a)directly invoice another User for Services provided through the Platform;

(b)directly pay another User or accept payment from another User for Services provided through the Platform, other than in accordance with these Terms of Use;

(c)knowingly access or use the Platform for the purpose of recruitment to provide or receive Services or for the development of competing business outside of the Platform;

(d)avoid or attempt to avoid payment of fees payable to us or in connection with use of CareVicinity; or

(e)divert funds or encourage or request other Users to avoid completing payment through the Platform.

9.4In the event that you breach this clause, we may:

(a)suspend or terminate your account under clause 3.8; or

(b)invoice you for the amount that would have been payable to us for the Services provided if these Terms of Use had not been breached,

in addition to other remedies that may be available to us under these Terms of Use or by Law.

9.5You should immediately notify us if another User requests or encourages you to make payment outside of the Platform.

10.Insurance

10.1We facilitate certain insurance coverage for Support Workers, namely Group Personal Accident insurance, Combined General Liability insurance, and Professional Indemnity (medical malpractice) (together, Facilitated Insurance), to all Support Workers on all approved Services booked and invoiced through the Platform, where no other cover exists.

10.2If you are a Support Worker Organisation, you must also supply us with evidence of additional work cover when registering on the Platform to be eligible for Facilitated Insurance.

10.3The Support Worker must read and understand any obligations under any insurance coverage the Support Worker obtains, or we obtain on their behalf, in relation to the Services. Where the coverage is not acceptable, the Support Worker must seek additional coverage to suit their Service needs. The Support Worker may access certificates of currency through the Platform.

10.4Each Service will be covered by Facilitated Insurance where:

(a)there is a Service Agreement approved by both the Care Seeker and the Support Worker;

(b)we approve the Support Worker to provide that Service;

(c)shifts are approved and submitted by the Support Worker for that Service; and

(d)the Support Worker has met all other eligibility criteria under these Terms of Use or otherwise provided by us.

10.5The Facilitated Insurance we provide does not cover Services or the Support Worker if they are not paid through the Platform. Other limitations and exclusions are outlined in the Facilitated Insurance policy wording.

10.6To make a claim, the Support Worker must contact our Insurance Broker directly. If and when you make a claim, you must provide us or Insurance Broker (as applicable), any correspondence between you and any relevant Care Seeker relating to the claim.

10.7We will not provide financial advice or any other advice in relation to the Facilitated Insurance.

10.8The Support Worker will be liable for the policy excess in the event of a Facilitated Insurance claim.

11.Limitation of Liability

Exclusion of liability

11.1Subject to clause 11.7, neither party is liable for any Consequential Loss, however arising (whether in contract, statute, tort (including negligence) or otherwise), suffered by the other party in connection with these Terms of Use.

11.2You acknowledge and agree that we do not provide or receive the Services or any part of the Services. Subject to clause 11.7 and to the extent permitted by law, we are not responsible or liable to you in relation to the Services or the provision of the Services (including how the Services are provided, the quality of the Services, or any failure by a Support Worker to provide the Services, any act or omission by the Support Worker in connection with the supply of the Services, or any act or omission by a Care Seeker in connection with the receipt of the Services), except to the extent caused by our negligence or breach of these Terms of Use.

Liability cap

11.3To the extent permitted by Law, we do not make any warranties or representations of any kind (whether express or implied, or written or oral) to you or any third party with respect to any services provided under these Terms of Use and any implied warranty of merchantability, accuracy, non infringement, fitness for a particular purpose, or any warranties of uninterrupted or error-free performance are expressly excluded and disclaimed.

11.4Subject to clauses 11.6 and 11.7, the total liability of each party for any loss or damage suffered or incurred by the other party in connection with these Terms of Use at any point in time is limited to the sum of platform fees paid or payable under these Terms of Use as at that point in time.

11.5Each party’s liability to the other is reduced to the extent the liability arises from the other party’s wilful misconduct, breach of contract, negligence or unlawful act or omission.

Capped liabilities

11.6Clause 11.4 does not apply in relation to a party’s liability in relation to:

(a)the personal injury to or death of any person, or damage to or loss of any tangible property caused or contributed to by an act or omission of that party;

(b)the fraudulent or unlawful act or omission of that party; or

(c)any breach of confidential information, to the extent caused or contributed to by that party.

Australian Consumer Law

11.7Nothing in these Terms of Use is intended to limit or exclude any rights under the Competition and Consumer Act 2010 (Cth) that cannot lawfully be limited or excluded. If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with this agreement and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then our liability for such failure is limited to (at our election) in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.

12.Indemnity

Our indemnity

12.1We indemnify you from and against, any and all loss or damage (including reasonable legal costs) incurred or suffered by you in connection with any negligent, fraudulent or unlawful act or omission of us or any of our personnel, except to the extent such loss or damage is caused by your negligence, breach of these Terms of Use or wrongful acts or omissions.

Your indemnity

12.2You indemnify us from and against, any and all loss or damage (including reasonable legal costs) incurred or suffered by us or our affiliates in connection with:

(a)any negligent, fraudulent or unlawful act or omission of you;

(b)any damage to or loss of tangible property caused by you;

(c)any breach of law by you;

(d)any personal injury to, or illness or death of, any person caused by you; and

(e)any claim by a third party that our use (in accordance with these Terms of Use) of any material that you provide or make available to us in connection with these Terms of Use, or your use of the Platform, infringes the intellectual property rights or any other rights of any person,

except to the extent such loss or damage is caused by our negligence, breach of these Terms of Use or wrongful acts or omissions.

13.Dispute Resolution

13.1If there is a dispute in relation to services provided through the Platform, you must resolve them directly with the other User. We do not participate in any disputes between Users.

13.2Any disputes that you have relating to us, these Terms of Use or the CareVicinity Platform should be resolved as follows:

(a)In the first instance, any concern that you have should be raised by contacting us by phone or email, using the following details:

Telephone: 1300 905 424

Email: complaints@carevicinity.com.au

CareVicinity Platform: By submitting an Incident report at www.carevicinity.com.au/reports

(b)In the event your concern is resolved at this juncture, it will be confirmed with you in writing.

(c)In the event your concern is not resolved within 10 business days, then the following formal dispute resolution process will apply:

(i)Either party may give a notice to the other party identifying only those matters relevant to the dispute or claim that arises out of or in connection to these Terms of Use and has not been resolved.

(ii)The parties will use reasonable endeavours to meet by phone or online by audio-visual link (for example, by Microsoft Teams or Zoom) within 20 business days of the date the notice is given to try to resolve the dispute in a timely way.

(iii)If the parties cannot reach an agreement under subclause (ii), the parties may appoint a mutually agreed mediator (or failing agreement, a mediator appointed by the President of the Queensland Law Society) to mediate the dispute. The parties must attend the mediation and participate in good faith, using all reasonable endeavours to resolve the dispute within 30 business days after the appointment of the mediator (or such longer period as agreed by the parties).

(iv)If the dispute is not resolved under subclause (iii), then either party may seek to resolve the dispute in a court or tribunal of competent jurisdiction.

(d)This clause does not prevent a party commencing court proceedings for urgent declaratory or injunctive relief.

(e)This clause does not prevent us from commencing proceedings in respect of the enforcement of these Terms of Use including but not limited to any breach of the avoidance provisions.

14.Communications

14.1Electronic communications

You consent to us communicating with you electronically. This consent will apply to all communications, notices, disclosure or other documents that we may need to provide to you under these Terms of Use or by law.

14.2Notices to you

We may provide you with communications by the email you provide to us, by posting a notice on the Platform, and/or by any other method of electronic communication. You must regularly check electronic communications. You may change your nominated email address by notifying us by phone or in writing.

14.3Notices to us

You must provide us with any notice required under these Terms of Use in writing to hello@carevicinity.com.au, unless otherwise required to do so by law.

15.General Terms

15.1Headings

Headings are inserted for guidance only and do not affect the interpretation of these Terms of Use.

15.2Severability

If anything in these Terms of Use is unenforceable, illegal or void then it is severed, and the rest of the provisions remain in force.

15.3No merger

The rights and obligations in respect of agreements, indemnities, covenants and warranties contained in these Terms of Use are:

(a)continuing agreements, covenants, indemnities and warranties; and

(b)not merged or extinguished by the partial performance by a party of their obligations, or by the suspension or termination of these Terms of Use and will remain in full force and effect until the obligations are discharged in full.

15.4Waiver

A right in favour of us, a breach of an obligation by you, or a default of these Terms of Use can only be waived in writing by us. No other act, omission or delay by us will constitute a waiver. Any failure to exercise or delay in exercising any right by us under these Terms of Use does not operate as a waiver of that right. A single or partial exercise or waiver by us will not prevent us from any other exercise of that right or any other right.

15.5Subcontracts

You may subcontract your obligations under these Terms of Use with our prior written consent. You will be responsible for all acts and omissions of your subcontractors and subcontractor Personnel, as if those acts and omissions were your acts and omissions.

15.6Assignment

Subject to clause 15.5, you must not assign, novate, transfer or otherwise deal with your rights or obligations under these Terms of Use. We may transfer our rights and obligations under these terms to another organisation with notice to you where we reasonably consider that assignment does not have a material detrimental impact on you.

15.7Governing law and jurisdiction

The law of Queensland governs these Terms of Use. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and Australia.

16.Defined Terms

In these Terms of Use:

(a)Authorised Representative means one or more authorised individuals or client representatives in search of Services on behalf of someone else.

(b)CareVicinity, Platform or CareVicinity Platform means the CareVicinity website at https://carevicinity.com.au, any subpages or subdomains, our software and infrastructure, all desktop and mobile apps, all services and products provided by us, and any third party or affiliated platforms integrated into our system.

(c)Care Seeker means individuals, coordinators or Authorised Representatives in search of Services from Support Workers for themselves or on behalf of someone else.

(d)Codes of Conduct means any code of conduct (as may be amended from time to time) that may apply to a User for the provision of certain Services, including but not limited to:

(i)NDIS Code of Conduct; and

(ii)Code of Conduct for Aged Care.

(e)Consequential Loss means any loss that does not flow naturally from the relevant breach, act or omission, and expressly includes any loss of business, loss of revenue or income or loss of opportunity.

(f)Facilitated Insurance means the Group Personal Accident insurance, Combined General Liability insurance, and Professional Indemnity (medical malpractice) offered by us in accordance with clause 10.

(g)Funding Providers means government-funded care, funding providers (for example, NDIS, My Aged Care and DVA) are designated, by the Care Seeker, as the debtor for services arranged via the CareVicinity Platform. These entities are not direct users of the Platform in its current state but may, in future Platform iterations, gain access to compliance data and care-related activity for auditing purposes. They are notified of Incidents or quality concerns.

(h)GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(i)Incident means any event, action, inaction, or situation that arises during or in connection with the Services arranged between Users, which:

(i)causes or could be reasonably expected to cause, harm, distress, or disruption; or

(ii)compromises or could be reasonably expected to compromise, safety, wellbeing, dignity, or continuity of care.

(j)Insurance Broker means Marsh Advantage Insurance Pty Ltd or any other insurance broker notified by us from time to time.

(k)Job means the Care Seeker has posted a Service request, a Support Worker applies for the Service.

(l)Law means statutes, regulations, by laws, ordinances and subordinate legislation, approvals, authorisations, consents, exceptions, licences, permits, determinations, certificates or registrations, including, but not limited to:

(i)Aged Care Act 2024 (Cth); and

(ii)National Disability Insurance Scheme Act 2013 (Cth).

(m)Mandatory Documents means one or more of the following documents or evidence required to be provided by the User, as indicated by us:

(i)ABN (including proof of ABN);

(ii)police background check (completed within the last three years);

(iii)NDIS worker screening;

(iv)qualification requirements;

(v)Australian drivers licence, vehicle registration and vehicle insurance;

(vi)a minimum of two character/personal references;

(vii)for Support Worker Organisations:

(A)a statutory declaration confirming that all employees meet our minimum compliance requirements; and

(B)WorkCover insurance (or state equivalent insurance); and

(viii)any other documents or evidence reasonably necessary for us to verify Users.

(n)Platform Fees means the platform service fee charged by us at the rate published on the platform from time to time.

(o)Progressive or Periodic Supply means a Taxable Supply that satisfies the requirements of section 156-5 GST Act.

(p)Services means the in-care services approved by us to be offered on the Platform including, but not limited to, daily living, home maintenance, personal care, nursing and allied health.

(q)Service Agreement means an agreement between a Support Worker and Care Seeker to carry out agreed Services as entered into using the CareVicinity Platform.

(r)Shift has the meaning given to it in clause 7.2(a).

(s)Supplier means the entity making a supply under the GST Act.

(t)Supply has the same meaning as under the GST Act.

(u)Support Worker means an independent contractor or Support Worker Organisation providing the Services to Care Seekers.

(v)Support Worker Organisation means organisations that provide Services through their employed workforce and use the Platform to find and manage client engagements.

(w)Tax Invoice has the same meaning as under the GST Act.

(x)Terms of Use means these terms between you and us as amended or varied from time to time in accordance with its terms.

(y)Trusted Funding Provider means a Funding Provider approved by us and for which we may elect to advance payment to Support Workers, prior to receiving funds from the designated provider.

(z)Verification Process means the process to verify an account as set out in clause 3.5.

(aa)We, us or our means CareVicinity Technology Pty Ltd (ABN 20 679 008 756) trading as Care Vicinity and includes our related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)), our successors, permitted substitutes or assigns.

(bb)You, your or User means the individual or organisation that registers an account to use CareVicinity as either a Support Worker or Care Seeker.