Service Agreement

This Service Agreement (Agreement) and the policies included create a legal

agreement between HAMILTON CARE AND DISABILITY PTY LTD and you. This document sets out the terms and conditions

that you must agree to so that you may use the Platform; and what you can expect

from us and what we expect from you.

Capitalised words have the meaning set out in the Glossary.

1 How HAMILTON CARE AND DISABILITY PTY LTD Works

HAMILTON CARE AND DISABILITY PTY LTD is an online platform which will connect you with Support Workers employed by

HAMILTON CARE AND DISABILITY PTY LTD, to deliver Support Services to you. Using HAMILTON CARE AND DISABILITY PTY LTD you can:

(a) connect with Support Workers for the provision of Support Services;

(b) manage the Booking of Support Services;

(d) receive any other Support Services agreed between us from time to time or as

may be set out in our Support Services Guides.

In order to make sure you have a great experience with HAMILTON CARE AND DISABILITY PTY LTD, there are some

important details in this Agreement you need to be aware of before you join the

platform. For example, how Support Service bookings work (page 5), how we

determine the cost of Support Services (page 6), what our cancellation policy is (page

6) and how we manage complaints and incidents (page 8).

2 Application of the Service Agreement

2.1 Access to the Platform

(a) To access the Platform and receive Support Services, you must agree to the

terms and conditions in this document.

(b) This agreement will start when you agree to these terms and will end when it is

terminated by either us or you (clause 7).

(i) you are 18 years or older;

(ii) you understand this agreement; and

(iii) If you are entering into this agreement on behalf of someone else:

(A) you have the authority and/or the agreement of that other person to

enter into this agreement on their behalf; and

5A/305 Montague Road West End 0401 412 973 · hamiltoncare.com.au

(B) you will always act in their best interests and as per the Account

Manager Policy.

3 Rights and responsibilities

We have rights and responsibilities to each other, the Support Workers, and our

community. This section sets these out in detail.

3.1 Shared responsibilities

(a) You and HAMILTON CARE AND DISABILITY PTY LTD agree to:

(i) be polite and respectful, and always act in a way that ensures everyone

feels safe and secure;

(ii) communicate openly and honestly;

(iii) tell each other as soon as possible if we have a problem or concern, and

work together to resolve any problems or concerns; and

(iv) regularly review and assess your Support Plan and the Support Services

provided.

(v) comply with all relevant laws, including the requirements of any Funding

Body and/or Regulator (such as the NDIA) and help the other to do so.

3.2 Your Responsibilities

(a) Accurate information

You must:

(i) provide true, current and complete information to us; and

(ii) if your information changes, update your information as soon as possible or

ask HAMILTON CARE AND DISABILITY PTY LTD to update it. This includes information on your Profile, Support

Plan, and the Support Services you require.

(b) Suitability of Support Workers

It is your responsibility to:

(i) conduct your own interview of Support Workers before you create a

Booking with them;

(ii) make sure the Support Workers you book have the skills, qualifications and

experience you need or want to provide you with the Support Services;

(iii) provide on-the-job training to the Support Workers in your specific support

needs; and

(iv) regularly assess and confirm that the Support Workers continue to provide

the Support Services in accordance with your requirements.

(c) Health and safety

(i) You must take reasonable care for your own health and safety and the

health and safety of other Users and members of the public when receiving

Support Services and when you use the Platform.

(ii) You must comply with all HAMILTON CARE AND DISABILITY PTY LTD Policies, including HAMILTON CARE AND DISABILITY PTY LTD’s Health & Safety

Policy and relevant work health and safety laws by:

(A) providing a safe physical and psychological working environment for

Support Workers in connection with the Support Services;

(B) cooperating with us so that we can comply with our obligations to you

and our Support Workers. This includes reporting all injuries or

incidents that occur during or in relation to a Confirmed or Completed

Booking in accordance with our Statement on Incident Response; and

or other Users.

(iii) If you are involved with an incident or injury or make a complaint, you may

be required to participate in any investigation. You agree to comply with

HAMILTON CARE AND DISABILITY PTY LTD’s reasonable directions if this occurs.

(iv) Support Workers do not have to complete tasks which are unsafe or that

they are unable, unqualified or not willing to perform or which does not fall

within their Support Worker job description.

(d) Engagement of Support Workers

On a Confirmed Booking, you must:

(i) provide instruction, guidance and supervision to the Support Worker which

is appropriate and will allow the Support Services to be delivered in a safe

way;

(ii) tell the Support Worker all the information they need to know to provide you

with the Support Services;

(iii) only request Support Workers perform tasks which fit within the Support

Worker job description; and

(iv) Allow Support Workers to take entitled meal and tea breaks.

(e) Serious misconduct

You must tell us if you or anyone else that will be present on a Confirmed Booking is:

(i) part of a criminal investigation; or

(ii) if you have been charged or convicted of any serious misconduct.

For example, if you or someone you live with have been charged or convicted of

offences involving violence, assault, fraud or dishonesty, or are of a sexual nature, or

relate to the safety of children or vulnerable persons, or workplace health and safety

duties.

3.3 Our Responsibilities

(a) General

(i) Support Services will be provided with the required skills, experience,

resources and infrastructure and we will hold all relevant authorisations

required by law to provide the Support Services.

(ii) We will respond to your enquiries, concerns and complaints in a

conscientious, professional and timely manner, and in accordance with a

relevant HAMILTON CARE AND DISABILITY PTY LTD Policy.

(b) Standard of care

HAMILTON CARE AND DISABILITY PTY LTD agrees to use it best efforts to ensure that all of the Support Workers, at

all relevant times:

(i) perform their duties in a conscientious, professional and competent

manner, and in accordance with any applicable laws and the HAMILTON CARE AND DISABILITY PTY LTD

Policies, including policies relating to workplace health and safety.

(c) Support Worker verification and clearances

(i) HAMILTON CARE AND DISABILITY PTY LTD will ensure that each Support Worker:

(A) has completed the Registration Process to HAMILTON CARE AND DISABILITY PTY LTD’s reasonable

satisfaction; and

(B) holds valid and current clearances in accordance with our Verification

and Clearances Policy or as required by relevant Laws.

(d) Support Workers are HAMILTON CARE AND DISABILITY PTY LTD employees

Support Workers are HAMILTON CARE AND DISABILITY PTY LTD employees and we are solely responsible for

payment of employee wages, benefits, taxes and insurances. HAMILTON CARE AND DISABILITY PTY LTD is not

responsible for transport accidents.

4 Bookings using the Platform

4.1 Availability of Support Workers

(a) We make no guarantee that a suitable Support Worker will be available at any

time via the Platform.

(b) We are under no obligation to arrange or provide you with a Support Worker or a

replacement Support Worker however we may assist you if you ask us to or if we

are required by law.

Support Workers from providing Support Services to you.

4.2 Making a Booking

(a) It is your responsibility to create Bookings using the Platform.

(b) You must include all the relevant information such as the date, time, duration,

instructions and support requirements in each Booking request.

your latest Support Plan, any information in your Profile, and any relevant HAMILTON CARE AND DISABILITY PTY LTD

Policies.

(d) A Booking is confirmed once a Support Worker has accepted the Booking

(Confirmed Booking).

4.3 Cancellation of Bookings

(a) Cancellations by you

(i) You may only cancel a Confirmed Booking in accordance with our

Cancellation Policy. Cancellation fees may apply.

(b) Cancellations by us

(i) We have the right to cancel any Booking or Confirmed Booking at any time

and if reasonable, organise a replacement Support Worker to attend that

Booking.

4.4 Location and travel

It is up to you and the Support Worker to agree on the location of the Support

Services and any necessary travel arrangements.

4.5 Removal or suspension of a Support Worker

(a) HAMILTON CARE AND DISABILITY PTY LTD may suspend or terminate a Support Worker from using the Platform at

any time, without notice to you.

(b) If we suspend or terminate a Support Worker we will:

(i) notify you as soon as reasonably possible;

(ii) cancel any future Bookings (including any Confirmed Bookings) involving

that Support Worker; and

(iii) assist you, as far as is reasonably practicable, to identify and engage a

replacement Support Worker.

4.6 Offline arrangement

(a) You must not:

(i) propose or enter into an Offline Arrangement with a HAMILTON CARE AND DISABILITY PTY LTD Support Worker;

(ii) make other arrangements or agreements directly with a Support Worker

that harms the relationship between you and HAMILTON CARE AND DISABILITY PTY LTD, HAMILTON CARE AND DISABILITY PTY LTD and the

Support Workers, or both.

(b) You must notify us immediately if you are asked to enter into an Offline

Arrangement.

(i) we do not accept responsibility or liability, and you are solely

responsible, for any obligation to pay, compensate or arrange payment or

compensation for a Support Worker for any work undertaken as part of

an Offline Arrangement, and

(ii) Offline Arrangements will not be covered by our insurance or form part of

the Support Services.

5 Feedback and Complaints

(a) If you have any feedback or concerns, we encourage you to get in touch with us

as set out in our Feedback and Complaints Policy.

(b) Any feedback received is voluntary and may be used by HAMILTON CARE AND DISABILITY PTY LTD as it sees fit

without any compensation to you.

6 Fees for the Support Services

6.1 Our fees

(a) Our fees are set out in our Pricing Policy and/or relevant Support Services Guide

(if applicable).

(b) You are solely responsible for any expenses incurred that are outside the scope

of your Funding Body’s parameters (for example, what is included in your support

plan).

6.2 Fee Changes

(i) Our fees may change from time to time including in accordance with the

relevant Funding Body’s changes.

(ii) If we change our fees, we will give you at least 7 days notice.

(iii) If you do not agree with the changes to our fees, you may terminate this

Agreement.

(iv) If you continue to use the Platform after a fee change, this means you have

accepted the changes.

6.3 Support Services involving Bookings

You must review and approve Completed Bookings in accordance with our

Booking Approval Policy.

6.4 Payment terms

(a) You will at all times provide us with complete and accurate payment details.

(b) You must have sufficient funds available for the Support Services you book, and

you must pay all Invoices issued under this Agreement in full and on time, and

follow the payment terms outlined on the invoice.

6.5 Other Support Service Fees

Fees for Support Service Guide offerings will be charged as per the relevant

Support Service guide.

6.6 Disputed fees

(a) If you dispute any amount in an Invoice, you must tell us within 10 business days

of the date of Invoice.

(b) You must pay all other fees in the Invoice which you do not dispute.

6.7 Goods and services tax (GST)

Any amount payable under this Agreement is GST-free if it meets the

requirements of the GST Act or is a supply listed in a GST Determination.

Capitalised terms in this clause are defined in the GST Act. Most types of

support are GST-free.

7 Ending this Service Agreement

7.1 Suspension

(a) We may temporarily stop providing Support Services to you and/or block your

access to the Platform right away and without notice to you if we think you have

breached this Agreement or if we think it is appropriate.

(b) If this occurs, we may cancel any future Bookings (including Confirmed

Bookings).

sole discretion.

7.2 Termination for any reason

Either you or us may terminate this Agreement at any time, for any reason, by

notifying the other party.

7.3 Impact of termination

(a) Continuity of Support Services

We may assist you to transition to alternative Support Services, if required in

accordance with our duty of care to you.

(b) Things you must do

When this Agreement comes to an end for any reason, you must comply with our

Offboarding Policy.

8 Information management

(a) Your privacy is important to us

You agree and consent to us collecting, managing, using and disclosing your

personal and sensitive information in accordance with our Privacy Policy,

applicable HAMILTON CARE AND DISABILITY PTY LTD Policies, and relevant privacy laws in relation to the same.

(b) Confidential Information

(i) You may receive Confidential Information and must not use or disclose it

without our prior written approval, unless you are otherwise required by law.

(ii) If you are required by law to disclose Confidential Information you must first

inform us of the requirement to disclose and assist us with efforts to avoid

having to make the disclosure of the Confidential Information.

(iii) You must immediately notify us of any suspected or actual breach or

unauthorised use, copying or disclosure of Confidential Information.

9 Risk allocation between us

9.1 Disclaimer

(a) You acknowledge that:

(i) No communications from HAMILTON CARE AND DISABILITY PTY LTD or from Support Workers is to be taken as

medical or expert advice.

9.2 Your statutory rights

(a) The Support Services and your access to the Platform come with guarantees

under the Australian Consumer Law (ACL). Nothing in this Agreement excludes

your statutory rights as a consumer under the ACL.

9.3 Indemnity

(a) Release and indemnity

(i) You must comply with our Transport Policy and understand that any

accident, near miss, property damage (including third parties’) or other

transport incidents during a Confirmed Booking are not covered by

HAMILTON CARE AND DISABILITY PTY LTD’s insurance policies.

(ii) HAMILTON CARE AND DISABILITY PTY LTD is not responsible and will not pay for any costs, damage or

problems that may arise if an incident or accident happens during

transportation, unless it’s our fault because we were careless or

intentionally did something wrong.

(b) Excluded liability

Nothing in this Agreement limits or excludes our liability:

(i) for death or personal injury caused by our negligence or wilful misconduct;

(ii) for fraud or fraudulent misrepresentation by us or our representatives; or

(iii) where liability cannot be limited or excluded by relevant laws, such as the

ACL.

10 General

10.1 Changes to this Agreement

(a) We may change the terms of this Agreement and HAMILTON CARE AND DISABILITY PTY LTD Policies at any time

and we will notify you of the change.

(b) You are responsible for ensuring you are familiar with the latest terms of the

Agreement and should review them regularly.

you understand that this fulfills the need for communications to be in writing.

(d) Your continued use and access to the Platform after the date changes take

effect means you accept the changes.

(e) If you disagree with the changes, you may terminate the Agreement.

10.2 Entire Agreement

This Service Agreement is the entire agreement between the parties and

supersedes any previous agreements.

10.3 Waiver

If either us or you do not insist on enforcing a term in this Agreement, it does

not mean they give up the right to enforce it or any other term later on.

10.4 Severability

If any part of this Agreement is not valid or enforceable, it will either be

adjusted to make it valid and enforceable or, if that’s not possible, it will be

removed from the Agreement and doing so will not affect the validity of the rest

of the agreement.

10.5 Survival

If this Agreement ends, you and HAMILTON CARE AND DISABILITY PTY LTD must still follow certain parts that are

meant to continue even after the Agreement ends. This includes obligations

related to confidentiality, indemnities, exclusions and limitations of liability,

general terms, and any rights to payment that have already accrued.

10.6 Governing law and jurisdiction

This Agreement is controlled by the laws of New South Wales. We both agree to

submit to the exclusive authority of the courts in New South Wales, which

includes the Federal Court of Australia located in New South Wales.

10.7 Interpretation

(a) Headings are for convenience only and do not affect the interpretation of this

Agreement.

(b) The singular includes the plural and vice versa.

grammatical forms of that word or phrase have corresponding meanings.

(d) The words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used

as, nor are intended to be, interpreted as words of limitation.

(e) A law includes a constitutional provision, treaty, decree, convention, statute,

regulation, ordinance, industrial instrument, rules, code, sby-law, judgment, rule

of common law or and is a reference to that law as amended, consolidated or

replaced.

(f) No rule of construction applies to the disadvantage of a party because that party

was responsible for the preparation of it, or any part of it.

10.8 Glossary

Capitlaised words have the meaning set out in the Glossary or in relevant laws.

11 Important Policies

The HAMILTON CARE AND DISABILITY PTY LTD Policies listed below are important and you should familiarise yourself with

them. HAMILTON CARE AND DISABILITY PTY LTD Policies may be amended, withdrawn or new ones created from time to

time.

Policy Description

applicable).

Booking Approval Policy describes how to approve, vary and/or reject a Completed

Booking.

Cancellation Policy describes everyone’s rights and responsibilities when

changing or cancelling Bookings.

Pricing Policy and Charges

Policy

describe our prices for different Bookings or Support

Services.

Code of Conduct, describes the behaviours and expectations we have of

members of our Community.

Offline Arrangements

Policy

describes our expectations regarding Approved Users taking

their relationship ‘offline’, or other private arrangements that

are not permitted.

Transport Policy describes our expectations when vehicles will be used in

connection with a Booking.

Account Manager Policy describes your responsibilities as an Account Manager, who

we will deal with, and the process for dealing with changes to

Account Managers.

Offboarding Policy describes your responsibilities that you must comply with

when this Agreement comes to an end for any reason.

about you.

Verification and Clearances describes our verification process, what clearances Support

Workers must have, and what responsibilities you have to

Policy ensure the Support Workers suit your needs.

Feedback & Complaints

Policy

describes how to provide us with feedback and complaints.

Statement on Incident

Response

describes how an Approved User can report an incident and

how HAMILTON CARE AND DISABILITY PTY LTD will handle and respond to them and your

responsibilities in reporting them.