My Care Provider’s Terms of Use
The Terms of Use govern your access and use of the Platform and will come into effect on on the 1st January 2019. Please read them carefully.
1. Introduction
1.1 My Care Provider and the Platform
My Care Provider is an NDIS registered therapy provider that enables participants , their carers or coordinators to hire and manage their support needs. The online platform is to provide generic information to allow people to make informed decisions as to the suitability of our service to their therapeutic needs.
1.2 What these Terms of Use are about
These are the terms that govern your access and use of the Platform, and your interactions with My Care Provider and its Representatives. Please read them carefully before using the Platform or engaging with My Care Provider and its Representatives.
The Terms of Use apply every time you access and use the Platform in any way including (but not limited to) as an Unregistered, Registered or Approved User and any time you engage with My Care Provider and its Representatives via telephone, email, post or in person.
1.3 Your agreement to these Terms of Use
By accessing or using the Platform or engaging with My Care Provider and its Representatives, you acknowledge and agree that you will comply with and are bound by these Terms of Use. If you disagree with these terms or any part of them, you must not use the Platform or engage with My Care Provider.
These Terms of Use should be read and interpreted in conjunction with the My Care Provider Standards and Procedures, including our Privacy Policy and codes of conduct.
1.4 Changes to the Terms of use
We reserve the right to modify these Terms of Use at any time in accordance with this provision. If we make changes to the Terms of Use, we will upload the revised Terms of Use to the Platform.
Changes to the Terms of Use will come into effect immediately upon such changes being uploaded on the Platform. Your continued use of the Platform following such upload will constitute your acceptance of any changes. If you disagree with the revised Terms of Use, you must terminate any agreement you may have with My Care Provider, cease using the Platform and cancel any ongoing sessions with representatives.
If we make a material change to the Terms of Use, it is the responsibility of the engaging service or person to check the Terms of Use before any therapeutic engagement.
1.5 Privacy Policy
Our collection, use, storage and disclosure of your personal information in connection with your access to, and use of the Platform is governed by our Privacy Policy.
1.6 Age Restriction
Unless otherwise expressly authorised by, and agreed with My Care Provider:
you must be 18 years of age or older and able to enter into legally binding contracts to access and use the Platform; and
by accessing or using the Platform you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into this contract.
2 Using The Service
2.1 Accessing the Service
In order to engage the services of My Care Provider the participant or their nominated person must make contact with us via phone, email or face to face. If deemed suitable a service agreement will be generated and signed by both parties. Once completed services will be provided as per the service agreement.
My Care Provider reserves the right to decline working with any participant at the descretion of the My Care Provider booking representative. This may be on the grounds of being outside of our catchment, safety of participant or of the attending representative, the presenting issues or other.
2.2 Using My Care Provider
While using My Care Provider in any capacity you and/or the participant you represent must act honestly and reasonably and meet the expected standards of behaviour set out in the My Care Provider Standards and Procedures at all times. Without limiting the
My Care Provider Standards and Procedures, you must not:
provide any information that is incorrect, misleading or deceptive in any communications you have with My Care Provider, its Representatives or any User;
include any offensive, defamatory, derogatory or inappropriate material in any communications or interactions you have with My Care Provider, its Representatives or any User;
use My Care Provider, its Representatives or any User for a purpose which is not related to a potential or actual Booking; or
assault, harass or intimidate any representative engaging with My Care Provider or a representative of My Care Provider, or deliberately or negligently expose any other User/representative to a risk of physical, psychological or other harm.
3 Termination of Contract
My Care Provider reserves the right to suspend or terminate your engagements with the service, or for any reason without notice to you including, but not limited to:
if you breach these Terms of Use;
if you breach any of the My Care Provider Standards and Procedures;
if you engage with My Care Provider for any purpose that My Care Provider, in its discretion, considers inappropriate, including the storage or transmission of inappropriate, offensive, derogatory or misleading and deceptive material.
If My Care Provider or its representatives feel that anyone is at risk of immediate or long term harm
4 Intellectual Property
You acknowledge and agree that you will not acquire any rights, including but not limited to, Intellectual Property Rights via use of the website and services.
You acknowledge and agree that the website and any materials provided to you, including all associated Intellectual Property Rights, are the exclusive property of My Care Provider and/or its licensors or authorising third-parties.
You agree that you will not remove, alter or obscure any Intellectual Property Rights. You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the service or any material or content provided by My Care Provider.
No licence or rights are granted to you by implication or otherwise under any Intellectual Property Rights owned or controlled by My Care Provider or its licensors, except for the licenses and rights expressly granted in these Terms of Use (subject to the terms of the relevant employment or services agreement between you and My Care Provider).
5 Third Party Links and Cookies
The website may contain links to third party websites which are not under the control of My Care Provider. My Care Provider 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.
You acknowledge that the website uses cookies 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 My Care Provider’s use of cookies and collection of data in accordance with the terms of our Privacy Policy.
6 Disclaimer and Limitation of Liability
The Platform is provided on an “as is” basis without any representations or warranties, either express or implied. Except where prohibited by law, My Care Provider will not be liable whether under the law of contract, statute or the common law in relation to the contents of, use of or otherwise in connection with the website, for any direct or indirect, consequential, exemplary, incidental or punitive damages.
7 Indemnity
You agree to indemnify My Care Provider and its officers, employees and agents from and against any and all claims, damages, cost or liabilities, including but not limited to personal injury, death, loss of or damage to property, infringement of rights and associated costs, that may arise as a result of:
any breach of the Terms of Use by you or the participant; and
any breach of the law, negligence or infringement of the rights of any third party by you.
8 General
8.1 Enforcement
If any provision of these Terms of Use is, or becomes, unenforceable, that will not affect the enforceability of the other provisions of these Terms of Use.
8.2 Governing Law
These Terms are governed by the laws of New South Wales and Victoria, and you irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales and Victoria including, for the avoidance of doubt, the Federal Court of Australia sitting in New South Wales and Victoria.
9 Definition
“Booking” means an engagement or request made by a Participant (or a Participant’s nominated representative) for services offered by My Care Provider.
“Confidential Information” means information belonging to or in the possession of, My Care Provider or which you obtained through your relationship and engagement with My Care Provider and which My Care Provider regards as confidential and includes, but is not limited to, any personal, medical, health, private or sensitive information (including your opinions) about My Care Provider, another User, a Representative or their families, other than any information which is in the public domain (except through a breach of the confidentiality of that information).
“My Care Provider” means the trading business name that sits under The Gut Project Pty Ltd (ACN 625 457 945) of 43 Fletcher Street, Essendon, Victoria 3040 (also referred to as “we”, “us” and “our”).
“My Care Provider Standards and Procedures” means the standards, statements and procedures of My Care Provider available on the website, including, but not limited to the Terms of Use, Privacy Policy and codes of conduct, as may be amended from time to time.
“Representatives” means a person employed by My Care Provider under an employment agreement or subcontract to provide coordination and therapeutic assessments and interventions to participants.
“Intellectual Property Rights” include, but are not limited to, patents, copyrights, rights in circuit layouts, registered designs, trademarks, the right to have Confidential Information kept confidential, and any application or right to apply for registration of all present and future rights conferred by statute, common law or equity whether registered or unregistered.
“Participant” means an individual with a disability who has registered with, and been approved by the NDIS and thus has an NDIS number.
“Platform” means the My Care Provider website (currently, www.mycareprovider.com.au).
“Privacy Policy” means My Care Provider’s policy on the collection, use and disclosure of personal information.
“Support Services” means the coordination, assessment and intervention provided to Participants pr their representatives during a Booking in accordance with the terms of the relevant employment and services agreement between you and My Care Provider (as applicable).
“you” and “your” means the person that accesses or uses the Platform.
