Terms and Conditions

TERMS OF USE
Please read this page carefully. These terms of use (“terms”) govern the access
and use by you of the technology, website, content, and services made available
by “Serenity Supportcare Services Pty Ltd” (ABN 23647720894)
These terms include our Privacy Policy and Website terms. If you do not accept
the terms of use stated herein, do not use the website and its services. By using/
accessing the website – www.serenitysupportcare.com.au or
www.app.serenitysupportcare.com.au you are indicating that you accept the
terms, and your acceptance is bound by the provisions of these terms of use,
including any updation/ revisions made therein. Your use of the website
following any such modification constitutes your agreement to follow and be
bound by the terms of use as modified. Any additional terms and conditions,
disclaimers, privacy policies and other policies applicable to general and specific
areas of this website or to particular content are also considered as terms of use.
CLIENT AGREEMENT
v You accept the terms of use and enter a binding agreement with Serenity
Supportcare when you create an account. You undertake the responsibility
of the service and risks involved.
v Access to certain areas and information on the platform is restricted. You
must be an approved user to access and use certain features and information
on the platform. In order to be an approved user, you must complete the
registration process and enter into services agreement with Serenity
Supportcare.
v Serenity Supportcare will ensure high stringent screening process of all
workers on the platform but will not be responsible for any service error
including criminal activity by support workers. We encourage all clients to
personally verify documents of the support worker on the first visit of the
booking to avoid unwanted circumstances.
v You agree to provide safe environment for support workers to discharge their
duty and you will ensure that they are not harassed, abused or troubled in
any way physically or emotionally.
v You authorize Serenity Supportcare to collect your data and use/share the
same with support workers (i.e., data about your profile details, care plan
and risk assessment; which will only be shared with workers whom you
create a booking with). For more information on the data we share, do check
our privacy policy.
v You will make payments to Serenity Supportcare as per the terms agreed and
will not link it with outcome of the Service.
v We may allow you to:
Ø access and view content and information, including any copyright,
trademarks, designs or patents, domain names; know-how, inventions,
processes, trade secrets or confidential information; software, computer
programs, databases or source codes (Intellectual Property) we make
available on the platform. All other uses are prohibited without our prior
written consent; and/or
Ø post, upload or publish content and information (including reviews, your
name, image or other information you may post on your profile) (User
Content) on our Platform and access and view User Content;
v Except as set out in these terms, you do not have any rights, title or interest
in our platform or the Serenity Supportcare content.
INFORMATION YOU PROVIDE SERENITY SUPPORTCARE
v When you request a service from Serenity Supportcare, you agree to provide
personal information about yourself such as name, mobile number, date of
birth, gender, and other details mentioned in the ‘privacy policy’.
v You agree to provide accurate personal and medical information and your
failure to do so may result in adverse consequences in delivery of service and
may lead to termination of your account from the platform.
v The support worker shall receive the information you provide after booking
the support services.
WARRANTIES AND RESPONSIBILITIES
v You represent, warrant and agree that:
Ø You will always use the platform in good faith.
Ø You will be responsible for your use of the platform;
Ø You must comply with all applicable laws when using the platform and
interacting with others.
Ø all information you provide related to these terms is true, accurate and
complete;
Ø You must bear any costs related to your support services and use of the
platform.
Ø You will behave at all times in a way that does not damage your reputation
or ours.
Ø You will abide by NDIS Code of Conduct (if you are a support worker
providing support services to a NDIS participant);
Ø As a client or support worker, you represent and warrant that you have
the authority to be bound by these Terms. You represent and warrant that
you are at least 18 years old.
v You must ensure that no person uses the platform:
Ø to transmit, publish, or communicate material that is defamatory,
offensive, abusive, indecent, menacing, harassing or unwanted; or
Ø to break any law or infringe any persons’ rights (including Intellectual
Property Rights);
Ø in any way that interferes with, damages or interrupts the supply of the
platform.
v Your failure to comply with the terms may result in suspension or termination
of your account. Prior to any suspension or termination of your account, we
may raise any behavior that does not comply with these terms to discuss
these with you, with an aim to resolve this in good faith.
v You agree to follow and comply with health, wellbeing and infection
prevention and control policies and advice as directed by the government
from time to time.
v You agree it is your own responsibility to verify adherence to such policies by
yourself and by any others you interact with for support services.
RELATIONSHIP BETWEEN CLIENTS AND SUPPORT WORKERS
v Client will take all reasonable and necessary steps to ensure an environment
free from harm or risk to health or safety, in the location where support
services will be provided to the client by the support workers.
v At no time will a support worker have a future obligation to you, unless
agreed through acceptance of a booking.
v Support worker will take all reasonable steps to ensure the safety of clients
while providing the support services;
v There is never any ongoing expectation of offers from a client. At no time will
a client have a future obligation to you to engage you to provide support
services, unless they have requested you to do so through an offer on the
platform, which you can accept or decline.
v The support worker and client will keep confidential the personal
information, including health, medical and financial information, that they
may learn about the other through support services.
v Clients have made themselves aware of and will comply with all laws and
regulations relating to the engagement of support workers, including any
applicable workplace laws and any applicable occupational health and safety
policies or procedures. For more information see
https://www.fairwork.gov.au/about-us/legislation and
http://www.safeworkaustralia.gov.au/sites/SWA;
SCHEDULING APPOINTMENTS
v Appointments for service with Serenity Supportcare can be scheduled
through the “www.serenitysupportcare.com.au website or
www.app.serenitysupportcare.com.au. Your request for Service is only
accepted when you receive a booking confirmation.
v For approved bookings, an invoice will be sent to the client or to the clients
representative, and the booking will be processed for payment to the
support worker.
GENERAL PAYMENT TERMS
v It is free to register an account on the platform. A client will be charged for
approved bookings only.
v We will invoice and collect payment of support fees on behalf of the support
worker.
v Serenity Supportcare reserves the right to cancel an ongoing or future
appointment if payments are not made on time.
v Serenity Supportcare may use third party payment processing services to
process bank account information and payments. Serenity Supportcare
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.
INTELLECTUAL PROPERTY RIGHTS
v Unless otherwise indicated, we own or license all rights, title and interest
(including any industrial or intellectual property rights in respect of
Intellectual Property [Intellectual Property Rights]) in our platform and all
Serenity Supportcare content.
v All the intellectual property used on the website by, service providers or any
third party shall remain the property of Serenity Supportcare Services Pty Ltd,
service provider or any other third party as the case may be.
v You agree not to circumvent, disable or otherwise interfere with security
related features of the website or features that prevent or restrict use or
copying of any materials or enforce limitations on use of the website or the
materials therein.
v The service is protected to the maximum extent permitted by copyright laws,
other laws, and international treaties.
v The information on the websites or otherwise may not be modified, copied,
reproduced, distributed, republished, downloaded, displayed, sold,
compiled, posted or transmitted in any form or by any means, including but
not limited to, electronic, mechanical, photocopying, recording or other
means.
LIMITATION OF LIABILITY
v In no event shall Serenity Supportcare be liable for any special, incidental,
indirect or consequential damages of any kind in connection with these terms
of use, even if user has been informed in advance of the possibility of such
damages.
v In no event shall Serenity Supportcare be liable to a user or professional for
damages, losses, and causes of action (whether in contract or tort, including,
but not limited to, negligence or otherwise) arising from this agreement or a
user’s use of the website or the services
v Despite anything to the contrary, to the maximum extent permitted by law
Ø any Liability under these Terms will be reduced proportionately to the
extent the relevant Liability was caused or contributed to by the acts or
omissions of you (or your personnel); and
Ø we will not be liable for any indirect loss, real or anticipated loss of profit,
loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of
opportunity, loss of savings, loss of reputation, loss of use and/or loss or
corruption of data, whether under statute, contract, equity, tort
(including negligence), indemnity or otherwise (Consequential Loss);
Ø our total liability arising from or in connection with these terms will be
limited to us resupplying the Serenity Supportcare Services to you or, in
our sole discretion, to us repaying you the amount of the platform fees
paid by you to us in respect of the supply of Serenity Supportcare Services
to which the liability relates, or where no platform fees are paid, $100.
v Despite anything to the contrary, to the maximum extent permitted by law,
you agree to fully indemnify us and hold us fully harmless in respect of any
liability that we may suffer, incur or become liable for, arising from or in
connection with user content you make available on or through the platform,
including as a result of any breach of our, or a third party’s Intellectual
Property Rights.
TERMINATION
v Serenity Supportcare may immediately terminate the Service at any time for
any reason, through a notice sent by post on registered postal address or
email communication on registered email address.
v We reserve the right to suspend your account or terminate these terms
immediately, if:
Ø your language or behavior is deemed aggressive, inappropriate,
threatening or unsafe;
Ø you breach a provision of these terms, or a breach is not remedied within
7 days of notification;
Ø you are unable to pay your debts as they fall due.
v Upon expiry or termination of these terms:
Ø we will remove your access to the platform and inactivate your account;
Ø we will immediately cease providing the Serenity Supportcare services;
Ø any payments made to us are not refundable; and
Ø unless otherwise agreed, any existing approved bookings are still binding
on us, the support worker and the client.
v Your account and these terms may be terminated by you at any time by
emailing Serenity Supportcare from your account email with the specific
instruction to cancel and inactivate your account. You reserve the right to
contact Serenity Supportcare in writing within 7 days to contest a
termination or suspension. You can also call us on (03) 9005 6235 for the
same.
v Any suspension, cancellation or termination of your account does not void
any of your payment obligations to us, or to other users of the platform, that
you have incurred prior to such actions.
v Support Worker can cancel bookings but has to use their best endeavors to
give at least 12 hours’ notice to the client, through a message. Serenity
Supportcare will try to find a replacement, although we can’t confirm that
we can find a replacement within the booking period, and we encourage the
client to search for other support workers. If the worker is found to make
continuous cancellations, he will be terminated from the platform.
v Client can cancel or edit the booking. If an approved booking is canceled or
edited more than 24 hours prior to the scheduled date of booking, the
amount shall be fully refunded. If an approved booking is canceled within 24
hours of the scheduled date of booking, they will be refunded 50% of the
amount but if it is cancelled within 12 hours of the scheduled date of booking,
the client shall not be entitled to any refund. The client cannot edit or revise
the booking within 24 hours of the scheduled appointment. The client has to
inform the above to the support worker, through messages.
DISPUTES AND GOVERNING LAW
v Terms of Use shall be governed by, interpreted and construed in accordance
with the laws of Australia.
v For disputes arising between clients and support workers, the parties will
attempt to resolve the dispute with the other party directly and in good faith
and seek to resolve the dispute promptly and fairly.
v In the event that a dispute cannot be resolved through these means, the
parties may choose to resolve the dispute in any manner agreed upon by the
parties or otherwise in accordance with applicable laws.
v You acknowledge and agree that Serenity Supportcare may, but is not
obligated to provide any dispute assistance and that no agreements or
outcomes of any dispute resolution will waive your obligations in these
terms. If we do provide assistance, our aim will be to resolve the dispute
efficiently and fairly for both parties.
v You acknowledge that failure to resolve a dispute may result in grounds for
suspension or termination.
v The Australian Consumer Law (ACL) may provide you with rights, warranties,
guarantees and remedies relating to the provision of the platform by us to
you, which cannot be excluded, restricted or modified (Statutory Rights).
v If the ACL applies to you, nothing in these terms excludes your Statutory
Rights as a consumer for our failure to meet a consumer guarantee under the
ACL. As a client, you may also have Statutory Rights against a Support
Worker.
v To the extent permitted by the ACL and any other applicable legislation, we
limit our liability for breach of a non-excludable condition or warranty
implied by virtue of any legislation to the supply of the Serenity Supportcare
Services again; or the payment of the cost of having the Serenity Supportcare
Services supplied again.
v For any claim against Serenity Supportcare Services:
Ø either party may elect to resolve the dispute in a cost-effective manner
through a binding non-appearance-based mediation.
Ø in the event of an unsuccessful mediation, and in circumstances where
both parties to any dispute agree in writing, arbitration may be initiated
through an established alternative dispute resolution (ADR) provider in
Australia, which is to be selected by you from a panel of established ADR
providers that Serenity Supportcare will provide to you.
INSURANCE
v For support workers providing support services, Serenity Supportcare will
facilitate access to insurance cover with agreed insurers as notified from time
to time.
v The cost of insurances (if any) will be charged as part of the support worker
platform fee. In the event of an insurance claim, support workers will be
liable for the relevant policy excess.
COMMUNICATIONS FROM SERENITY SUPPORTCARE
v You agree to receive communication in the form of SMS messages, email and
calls on your mobile number from both Serenity Supportcare and the support
worker assigned to you.
v You may choose to receive promotional messages in the form of newsletters,
special offers and reminders and updates.
v We may run promotional offers from time to time on the platform. The
terms of any such promotion will be posted on the website. Unless otherwise
indicated, we may establish and modify, in our sole discretion, the terms of
such offers and end such offers at any time.
THIRD PARTY LINKS AND GOOGLE ANALYTICS
v The platform may contain links to third party websites which are not under
the control of Serenity Supportcare.
v Serenity Supportcare 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.
v You acknowledge that the platform uses google analytics and automatically
collects log data and device information when you access and use the
platform. By accessing the platform and agreeing to these terms of use, you
consent to Serenity Supportcare’s use of google analytics and collection of
data in accordance with the terms of our privacy policy.
FEEDBACK AND REVIEWS
v By using the platform and posting feedback (including a review), you grant us
an unrestricted, worldwide, royalty-free, sub-licensable license to use,
reproduce, publish, communicate to the public, adapt your user feedback
posted on the platform for the purpose of publishing that user feedback on
the site and as otherwise permitted by this agreement.
v You may use any feedback that is about you, provided that you use it in a way
that is not misleading or deceptive and is in accordance with Serenity
Supportcare’s policies as posted on the website from time to time.
DICTIONARY
In this Agreement:
v ACL means the Australian Consumer Law at Schedule 2 of the Competition
and Customer Act 2010 (Cth) and its associated Regulations as amended from
time to time.
v Agreement means this user agreement between You and Serenity
Supportcare Services Pty Ltd (ACN 647 720 894) which incorporates all
policies and terms and conditions referred to in this agreement.
v Booking means an engagement or request made by a client (or a Client’s
Account Manager) on the platform for a home care and support worker to
perform support services and which has been confirmed.
v Client refers to people, family members, representatives or entities seeking
support services.
v Feedback means any user feedback and/or any multidimensional rating or
any quality rating derived by Serenity Supportcare for support workers based
on user feedback;
v Law means any Commonwealth, State, Territory or local government
legislation in force in Australia.
v NDIS Code of Conduct means the National Disability Insurance Scheme Code
of Conduct (Workers) set out at
https://www.ndiscommission.gov.au/workers/ndis-code-conduct as
updated from time to time.
v Platform means the Serenity Supportcare website (currently,
www.serenitysupportcare.com.au)
v Privacy Policy means the Serenity Supportcare Privacy Policy as set out at
https://serenitysupportcare.com.au/privacy-policy/ and as updated from
time to time.
v Serenity Supportcare, We or Us means Serenity Supportcare Services Pty ltd
(ACN 647 720 894).
v Support Worker refers to people or entities providing or seeking to provide
support services.
v Support Services means home care, aged care, disability support, health care
or other approved services.
v User means a client or a visitor.
v Visitor means a person who browses the website.
v You, Your, User or Users refer to anyone accessing our services and/or
website for any reason.
v Your Premises means any premises at which you will provide or receive
support services.
Queries
v If you have a query, issue, concern, or complaint in relation to these terms,
please contact us at info@serenitysupportcare.com.au