Terms of Use.
Last revised on 2nd September 2021
1.1. In this Agreement:
1.1.1. “ACL” means the Australian Consumer Law at Schedule 2 of the Competition and Customer Act 2010 (CCA) and its associated Regulations as amended from time to time;
1.1.2. “Email Address” means the selected unique customer id chosen by a User when contacting Wild Duck Care;
1.1.3. “Affiliates” means:
Wild Duck Care or any of its Related Partners; and any employee, supplier or representative of Wild Duck Care or any of its affiliates;
1.1.4. “Agreement” means this User agreement between You and Mark Hansson trading as Wild Duck Care ( ABN 927 325 29057 ) which incorporates all policies and terms and conditions referred to in this Agreement;
1.1.5. “Associate” has the meaning set out in the AIC Small Business & Consumer Act 2010 (CCA) , as amended from time to time;
1.1.6. “Wild Duck Care”, “We” or “Us” Mark Hansson trading as Wild Duck Care (ABN 927 325 29057 );
1.1.7. “Carer” refers to people or contractors providing Home Care or NDIS Services;
1.1.8. “Customer Contract” means any agreement for a Carer to provide Home Care or NDS Services to a Customer formed as a result of the use of the Site or Services;
1.1.9. “Customert” refers to people, family members, representatives or organisations seeking Home Care or NDIS Services;
1.1.10. “Content” means all information and materials contained on the Site, or any information the Client provides through the Services;
1.1.11. “Carer Fee” means the hourly rate charged by the Carer for the hours of Home Care or NDIS Services provided by the Carer to the Customer;
1.1.12. “Carer Service Fee” means a Service Fee, Wild Duck Care will not charge any Carer Service Fee.
1.1.13. “Customer Service Fee” means a Service Fee, Wild Duck Care will not charge any Customer service fee.
1.1.14. “Home Care Services” means home care or NDIS care services;
1.1.15. “Invoice” means an invoice for Home Care Services provided by a Wild Duck Care to a Customer that is created through the Site on behalf of the Carer;
1.1.16. “Our Technology” means the software, code, proprietary methods and systems used to provide the Site or Services;
1.1.17. “Services” means Wild Duck Care’s products, software, services and Sites (referred to collectively as the “Services”);
1.1.18. “Site” means the www.wildduckcare.com.au website including without limitation all subpages;
1.1.19. ”User” means a Client or a Visitor;
1.1.20. “Visitor” means a person who browses the Site;
1.1.21. “You”, “Your”, “User”, or “Users” also refer to anyone accessing our Services or Site for any reason.
1.1.22. “Your Account” means Your membership account with Wild Duck Care.
1.2. This Agreement is:
1.2.1. A binding contract between You and Wild Duck Care; and
1.2.2. Incorporates all policies implemented by Wild Duck Care from time to time (and as amended by Wild Duck Care from time to time) and which are available on the Site, and terms and conditions referred to in this Agreement which together constitute the entire agreement between You and Wild Duck Care.
Amendments to this Agreement
2.1. We may amend the terms of this Agreement from time to time.
2.2. We will notify You of any changes to this Agreement by posting a notice of the changes on the Site.
2.3. We may (although We are not obliged to) notify Members of amendments to the terms of this Agreement by email.
2.4. Amendments to this Agreement are effective on the earlier of:
2.4.1. Your acknowledgement of the amendments; or
2.4.2. Your continued access to and/or use of the Site and/or Services after We post notice of such modifications.
2.5. It is Your sole responsibility to check the Site from time to time to view any amendments to this Agreement.
2.6. If You do not agree to any amendment, You must cease access to and use of the Site and/or Services.
2.7. For the purpose of notifying You of any amendments to this Agreement, You provide permission to Us to email You.
2.8. Continued access to the Site or Services following notice of any such changes will indicate Your acceptance of the amendments.
Customer Eligibility
3.1. By using the Site, You represent and warrant that:
3.1.1. You are at least 18 years old;
3.1.2. If a Carer, that You are and will continue to be an Australian citizen and/or a person legally authorised to work in Australia;
3.1.3. You have the right, authority and capacity to enter into this Agreement;
3.1.4. You will abide by:
⦁ All the terms and conditions of this Agreement;
⦁ All of Wild Duck Care’s policies as posted on the Site from time to time; and
⦁ Wild Duck Care’s Code of Conduct; and
⦁ Any relevant Code of Ethical Behaviour that applies to You as a Carer or Customer; and
3.1.5. Neither You, nor anyone in Your household:
⦁ Has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense; or
⦁ Has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
3.2. A Visitor may browse the Site in accordance with this Agreement, but will not have access to certain Services unless they become a Client.
Content of Site
4.1. When You access the Site and/or Services, You obtain access to Content.
4.2. You are solely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services.
4.3. The Member understands and agrees to the following:
4.3.1. Wild Duck Care has the right (but no obligation) to take any action deemed appropriate with respect to Content if it believes that such Content may
⦁ create liability for Wild Duck Care;
⦁ harm Wild Duck Care’s business operation or reputation; or
⦁ cause Wild Duck Care to lose the services of its suppliers;
4.3.2. Wild Duck Care reserves the right to reject or modify Content, at its discretion.
4.4. Evaluation of Content by Wild Duck Care is based on guidelines implemented by Wild Duck Care that encompass objectively, quantifiable and aesthetic aspects of Content.
4.5. Each Client represents and warrants to Wild Duck Care that the Content that they submit on the Site, and any Content that they copy, reproduce or use:
4.5.1. Will not infringe or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right of any third party, including other Clients and Wild Duck Care;
4.5.2. will not violate any law, statute, ordinance or regulation including laws regarding anti-discrimination and false advertising;
4.5.3. will not advocate or encourage any illegal activity;
4.5.4. will not misrepresent the Clients identity in any way;
4.5.5. will not have the potential to create liability for Wild Duck Care or cause Wild Duck Care to violate the requirements of, or to lose the services, in whole or in part, of our internet service providers or other suppliers;
4.5.6. will not be discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, trade libellous, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;
4.5.7. will not disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
4.5.8. will not contain any advertising or solicitation for anything other than Home Care Services and NDIS offered through the Site;
6.7.9. will not violate the privacy, publicity, or other rights of third parties, including other Clients and Wild Duck Care;
6.7.10. will not include incomplete, false or inaccurate information about it or any other Member or any other individual or entity; and
6.7.11. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4.6. No copyrighted material of any third party can be posted on the Site, unless the Client has a license or other form of authority that permits them to do so.
Carer Verification
5.1 You understand that Carers may make representations to You about themselves via the Site, or in other communications.
5.2. You are responsible for making Your own decision regarding the Services that You engage to provide Home Care or NDIS Services through the Site.
5.3. Wild Duck Care is required to verify information made by a Carer, and Wild Duck Care is solely responsible for sighting original documents to verify any representation that a Carer has made. You should obtain any additional information required to make an informed decision prior to utilising any specific Carer to provide Home Care or NDIS Services.
5.4. You understand and agree that Wild Duck Care has the right, but not the obligation, to:
⦁ independently verify any statement made by any Carer on the Site; and
⦁ verify that any Carer meets any of the eligibility criteria established by Wild Duck Care from time to time.
5.5. You hereby represent, understand and expressly agree that Wild Duck Care does not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the information provided by any third-party verification service.
5.6. Wild Duck Care may make use of third-party verification services to verify information of Carers. In the event that Wild Duck Care chooses to verify the representations and warranties, or any information provided by a Carer through the Site, You hereby authorise Wild Duck Care, to verify such information, and use or disclose any information in order to accomplish such verification. Verification may include, without limitation, conducting the following searches and checks:
⦁ criminal history checks;
⦁ motor vehicle records checks;
⦁ identification verifications;
⦁ credential verification;
⦁ using available public records to conduct searches and checks;
⦁ industry certifications and concurrency;
5.7. Wild Duck Care may employ or contract Carers. It provides a platform through which Clients may engage Carers directly.
5.8. The Carer must contract directly with Wild Duck Care management for the provision of the Home Care or NDIS Services. Wild Duck Care will be a party to that contract.
5.9. By using the Wild Duck Care Site you agree that you will observe and comply with all regulations relating to the engagement of Carers, including any applicable workplace laws. For more information see https://www.fairwork.gov.au/about-us/legislation and http://www.safeworkaustralia.gov.au/sites/SWA.
5.10. Wild Duck Care does not involve itself in regulating or managing these issues and by using the Site you warrant that you have made yourself aware of the requirements under applicable workplace and occupational health and safety laws which may apply to the engagement between a Customer and Carer.
5.10. The contract between the Carer and the Customer for the provision of the Home Care & NDIS Services must:
5.10.1. require the Carer to charge for the Home Care or NDIS Services at an agreed hourly rate;
5.10.2. permit Wild Duck Care to issue an invoice for the Home Care or NDS Services on behalf of the Carer at the completion of each Home Care Service or fortnightly where the Home Care Service is ongoing;
5.10.3. require the Carer to comply with any relevant Carer code of conduct and ethical behaviour, and the Customer to comply with any relevant Customer code of conduct and ethical behaviour; and
5.10.4. be able to be terminated by either party at will, with no notice period unless otherwise specified in the Carer Contract.
5.11. The Customer warrants to the Carer that they have inspected their premises and that it is a safe work environment for the Carer to provide the Home Care or NDIS Services requested by the Customer.
5.12. Carer warrants that they have the qualifications and skills to deliver the Home Care or NDIS Services requested by the Customer, and that each time they arrive at the premises of a Customer, they will inspect the premises and any equipment to ensure it is a safe work environment.
Relationship between the parties
6.1. The Carer is a employee or independent contractor of Wild Duck Care.
6.2. You acknowledge that You are not legally affiliated with Wild Duck Care.
6.3. No independent contractor is intended or created between You and Us by Your use of the Site or Services or by this Agreement.
6.4. Wild Duck Care is not an employment service or agency.
6.5. The Carer must comply with all laws relating to the provision of the Home Care or NDIS Services.
6.6. Clients must act in good faith towards Wild Duck Care, and not do anything contrary to the interests of Wild Duck Care.
6.7. Wild Duck Care will approve and certify the provision of Home Care or NDIS Services to a Carer to ensure a scope of practice in alignment with industry certifications and concurrency.
6.8. Wild Duck Care is not liable for any injury, loss or damage suffered by the Carer or Customer in the provision of the Home Care or NDIS Services.
Insurance
7.1. Wild Duck Care has worked with Allianz Australian Insurance Limited to establish a WorkSafe insurance cover that are made available to all its affiliated Carers when providing services arranged and invoiced through the Wild Duck Care. Insurance is available to Carers only upon being approved by Wild Duck Care and fulfilling all requirements of the on boarding process.
General rules of Carers conduct and confidentiality of personal and health information
8.1. It is our goal to make access to our Site and Services a good experience for all Clients.
8.2. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use the Site or Services, or access the Site or Services for any purposes other than for which the Site or Services are being provided to You.
8.3. Care Workers undertake to;
Not discuss with a third party any information gained about Client or the personnel of Customers in the course of the supply of the Home Care or NDS Services; and only uses personal information and health information of Clients in accordance with applicable laws (including applicable health records legislation, the Privacy Act and the national privacy principles under the Privacy Act) and any relevant direction, guideline, determination or recommendation made by the Australian Privacy Commissioner or a state or territory privacy commissioner, health services commissioner and/or any equivalent body or agency.
Report any incidents of abuse or neglect of a child, an elder or a person with a disability to the relevant state authority and to Wild Duck Care care team.
8.4. You agree not to do any of the following:
8.4.1. contact other Members for any purpose other than as set forth in this Agreement;
8.4.2. harass, intimidate or otherwise engage in illegal or offensive behaviour with respect to any other Client or Carer;
8.4.3. conduct or promote any illegal activities while using the Site or Services;
8.4.4. upload, distribute or print anything that may be harmful to minors;
8.4.5. attempt to reverse engineer or jeopardise the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods and processes) that enables or underlies the Site;
8.4.6. attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
8.4.7. upload or transmit to the Site any form of virus, worm, Trojan horse, or other malicious code;
8.4.8. use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
8.4.9. use the Site or Services to stalk, harass or harm another individual;
8.4.10. use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
8.4.11. interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
8.4.12. use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without Wild Duck Care’s prior express written permission;
8.4.13. impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
8.4.14. mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.
No Recommendations or Medical Advice
9.1. Wild Duck Care is not a referral service and does not recommend or endorse any particular Carer.
9.2. Wild Duck Care is only an intermediary that facilitates the provision of selected information about Members as represented by Clients.
9.3. We do not offer advice regarding the quality or suitability of any particular Client for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice.
9.4. You assume all responsibility in connection with choosing any Carer, whether or not You obtain information about such Carer on or through the Site.
9.5. Wild Duck Care and its Affiliates assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other Services rendered by any Client, or for any malpractice claims and other claims that may arise directly or indirectly from the provision of Home Care or NDIS Services or any other actions of any Carer.
9.6. No advice or information, whether oral or written, obtained by You from Us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in this Agreement.
9.7. You bear the sole responsibility and liability for maintaining backup or archive copies of Your data and/or submissions to the Site and Services.
Indemnification
10.1. Each Client will hold harmless, indemnify and keep Wild Duck Care indemnified against any liability arising from or connected with:
10.1.1. any act or omission of another Member, whether they are a Carer or Customer; and
10.1.2. any representation made by Wild Duck Care relying on the Clients warranties in this Agreement.
10.2. You indemnify, defend and hold Wild Duck Care and its Affiliates harmless from and against any and all third party claims, liabilities, demands, proceedings, losses, costs, expenses, fees (including reasonable legal fees and court costs) and damages (actual, special and consequential) of every kind and nature, known and unknown, made by any third party due to or arising out of:
10.2.1. Your breach of this Agreement;
10.2.2. Your violation of any law or the rights of a third party;
10.2.3. any of Your Content and/or information that You submit, post or transmit through the Site or Services;
10.2.4. any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site; or
10.2.5. any disputes that arise between Users or between a Carer and a Client in relation to Home Care or NDIS Services.
Dispute resolution
11.1. Any disputes related to the Home Care or NDIS Services received by a Client will be resolved directly between the Client, Wild Duck Care, Carer and any directly associated Affiliate.
11.2. If a dispute arises between You and Wild Duck Care, our goal is to address Your concerns and, if We are unable to do so to Your satisfaction, to provide You with a means of resolving the dispute quickly.
11.3. For any claim, Wild Duck Care may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
11.4. If Wild Duck Care elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by You from a panel of ADR providers that Wild Duck Care will provide to You.
11.5. The ADR provider and the parties must comply with the following rules:
11.5.1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
11.5.2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
11.5.3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
11.6. All claims You bring against Wild Duck Care must be resolved in accordance with the terms of this Agreement.
11.7. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement.
11.8. Should You file a claim contrary to the terms of this Agreement, Wild Duck Care may recover its legal fees and costs (including fees for legal and paralegals), provided that Wild Duck Care has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
11.9. If any proceeding by or against You is commenced under any provision of any bankruptcy or insolvency law, Wild Duck Care will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Failures and delays
12.1. Without limiting the foregoing, under no circumstances will We or our Affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Contact information
13.1. We may give notice to You by email, a posting on the Site, or other reasonable means.
13.2. You must give notice to us in writing via email to contact@wildduckcare.com.au or as otherwise expressly provided.
Please report any violations of this Agreement to contact@wildduckcare.com.au