“Account” means an account that is created by you (or on your behalf, such as by an Account Manager) or created by a Provider to allow you to access the Platform in connection with the Support Services.

“Account Manager” means a person that is at least 18 years of age and is a duly appointed attorney or authorised decision maker for the Client, or as otherwise permitted in accordance with the Account Manager Policy.

“Approved User” means any Support Worker, Client, Account Manager, Provider or any other person that Hamilton Care And Disability Pty Ltd authorises to use the Platform, in accordance with Hamilton Care And Disability Pty Ltd’s Registration Process and any relevant Hamilton Care And Disability Pty Ltd Policy. 

“Booking” means an engagement or request made by you (or on your behalf) on the Platform for a Support Worker to perform the Support Services, including in accordance with any relevant Hamilton Care And Disability Pty Ltd Policy.

“Booking Fee” means the amount you are required to pay Hamilton Care And Disability Pty Ltd in exchange for the Support Services provided by a Support Worker during a Completed Booking. 

“Client” means the person who has engaged us to provide the Support Services to or the person receiving the Support Services. 

“Code of Conduct” means the Hamilton Care And Disability Pty Ltd Code of Conduct relevant to Clients and Account Managers and other Approved Users, as amended from time to time.

“Completed Booking” means a Confirmed Booking which has been completed and submitted as such on the Platform by the relevant Worker.

“Confidential Information” means any and all information, regardless of how that information is recorded, regarding or in relation to the business, affairs or activities of Hamilton Care And Disability Pty Ltd including, but not limited to:

1. documents, books, accounts, financial and technological information, financial reporting, business dealings, business and strategic plans, methodologies and processes, short-term and long-term plans, supplier and client or participant information, business objectives, trade secrets, corporate deliverables, government submissions, board reports, quotation and transactions;
2. marketing information, evaluations, sale patterns, client information, marketing and pricing information, supplier information, supply chain and logistics networks, employee personal information, employment records, recruitment and talent information;
3. computer software and programs, databases, research, research results, insights, development specifications, drawings, designs, performance statistics, technical data, technology, formulae; and\
4. any other information which is confidential by nature, or which reasonably ought to be known as confidential.

“Confirmed Booking” means a Booking which has been requested by you (or your Account Manager) and accepted by the Support Worker on the Platform.

“Employee Benefits” means all remuneration and benefits owing to the Support Workers as employees under the Workplace Legislation.

“Fee” means the amount you are required to pay Hamilton Care And Disability Pty Ltd in exchange for the Support Services, such as a Booking Fee or pursuant to Support Service Guides.

“Funding” means financial assistance the Client is eligible to receive from the government in relation to the Support Services, such as the NDIS.

“Funding Body” means a government agency that the Client is entitled to receive Funding from, such as the NDIA.

“GST” has the meaning given to that term in the GST Act. 

“GST Act” means the A New Tax System (Goods and Service Tax) Act 1999 (Cth).

 “GST Amount” has the meaning provided in paragraph 10.3(b) of this Agreement. 

“Hamilton Care And Disability Pty Ltd” (or “we”, “us” and “our”) means Hamilton Care And Disability Pty Ltd Pty Ltd (ACN659 928 935) of 5A/305 Montague Road West End, and any of Hamilton Care And Disability Pty Ltd’s related entities that form part of the Hamilton Care And Disability Pty Ltd corporate group (as the context requires).

Hamilton Care And Disability Pty Ltd Representative includes Hamilton Care And Disability Pty Ltd’s officers, employees, contractors, partners, affiliates or agents.

“Intellectual Property Rights” any and all industrial and intellectual property rights of whatever nature, throughout the world, conferred under statute, common law or equity, whether existing now or at any time in the future and whether registered, registrable or otherwise. This includes, but is not limited to, any rights in respect of, or in connection with, copyright, patents, circuit layouts, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets and know-how. This also includes the right to apply or renew such rights.

Inventions means inventions, discoveries, developments, techniques, ideas, methods, secret processes, models, designs, drawings, plans, software, reports, proposals and other materials created or generated by you in the course of your employment, using Hamilton Care And Disability Pty Ltd’s resources or which relate to or are used, or a capable of being used or adapted for use, in the business of Hamilton Care And Disability Pty Ltd.

“Location” means the location specified in a Booking.

“NDIA” means the National Disability Insurance Agency.

“NDIS” means the National Disability Insurance Scheme. 

“Offline Arrangement” means an arrangement between you and a Support Worker where the effect of the arrangement is that a Support Worker provides services substantially the same as the Support Services to the Client, but which is arranged off-Platform, or otherwise undermines Hamilton Care And Disability Pty Ltd’s rights to potential Fees or other benefits contemplated under the Service Agreement. 

“Participant” means a Client who is participating in the NDIS.

“Personal Information” means personal information (including sensitive and health information) as those terms are defined under the Privacy Act 1988 (Cth) 

“Platform” means the Hamilton Care And Disability Pty Ltd website (currently, www.Hamilton Care And Disability Pty Ltd.com.au), the Hamilton Care And Disability Pty Ltd web app, the Hamilton Care And Disability Pty Ltd iPhone App, iPad App and Android App and all parts and pages of the same, and any other mediums we make available to you from time to time. 

“Policies” (or Policy) means the published standards, statements and procedures of Hamilton Care And Disability Pty Ltd, as may be amended from time to time, and available on the Platform.

“Pricing Policy” means Hamilton Care And Disability Pty Ltd’s pricing for Support Services as set out on the website or as otherwise advised by Hamilton Care And Disability Pty Ltd.

“Privacy Policy” means Hamilton Care And Disability Pty Ltd’s policy on the collection, use and disclosure of personal information (including sensitive and health information), as amended from time to time.

“Profile” means the information provided by you as part of the Registration Process and displayed in your Account on the Platform, as amended from time to time.

“Registration Process” means Hamilton Care And Disability Pty Ltd’s verification and approval process for determining eligibility to be an Approved User, as amended from time to time.

“Regulator” means any government agency that regulates the conduct of Hamilton Care And Disability Pty Ltd, you, or both of us, in relation to the Support Services.

“Representatives” means Hamilton Care And Disability Pty Ltd’s officers, employees, contractors or agents.

“Service Agreement” means the agreement between Hamilton Care And Disability Pty Ltd and the Client (and/or Account Manager, as the context requires) in connection with the Support Services, as amended from time to time.

“Support Services” means the home care and support services requested by you, such as those provided to a Client by a Support Worker during a Confirmed Booking, or such other services agreed by the parties from time to time, including any specified in an applicable Support Services Guide, and otherwise in accordance with the Service Agreement.

“Support Plan” means the support plan on your Profile, containing information such as your emergency contacts, the Support Services you are seeking, the risk and safety assessment you have performed relevant to those Support Services and the location(s) that those Support Services will be provided, as amended from time to time.

“Support Worker” means a Home Care Disability Support Worker who is employed by Hamilton Care And Disability Pty Ltd to provide Support Services to Clients through the Platform as outlined in their Job description.

“Terms of Use” means the terms and conditions that govern the use of the Platform, as amended from time to time.

“Verification and Clearances Policy” means Hamilton Care And Disability Pty Ltd’s policy with respect to Support Workers’ eligibility to become and remain an Approved User, as amended from time to time.

“Workplace Legislation” means the Fair Work Act 2009 (Cth), Fair Work Regulations 2009 (Cth), Superannuation Guarantee Charge Act 1992 (Cth) and Superannuation Guarantee (Administration) Act 1992 (Cth) and any right or benefit under an industrial instrument.

“You” (or “your”) means the Client, Account Manager, or both (as the context requires) or Provider.