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CARE HIVE TERMS AND CONDITIONS

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Care Hive. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Care Hive may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Our collection and use of personal information in connection with the Services is as provided in Care Hive’s Privacy Policy located at www.carehive.net.au. Care Hive may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, and such information or data is necessary to resolve the complaint, dispute or conflict.

OUR SERVICES

  • Care Hive is an online platform and mobile application that connects providers of personal care and support services/products (Providers) with people seeking personal care and support services/products (Seekers).
  • Providers make their services visible on the Care Hive platform, in doing so, providing Seekers with the ability to exercise choice and control over what services they select.
  • Care Hive is a marketplace, and as such, we do not employ the Providers that offer services/products on our platform.
  • As a user on the Care Hive platform, you understand that:
    • The services/products offered and availability of such on the Care Hive platform are updated regularly and the content on the website or information provided by a Provider is accurate, complete and current but still may be subject to change.

The Terms and Conditions outlined in this document do not include the Terms and Conditions relating to the Care Hive Workforce Development Program. For information on this program, please contact Care Hive via email, info@carehive.net.au or by phone, 1300 312 510.

REGISTRATION

Seekers can undertake a limited search of the available Providers on Care Hive without registering.  However, in order to book a service, Seekers must complete the registration process to create an Account. Providers are required to complete the registration process to create an Account, including confirmation of their credentials and insurance, before their details will be visible on Care Hive.

By registering with Care Hive, you represent and warrant that:

  • The information you provide to Care Hive is accurate and complete and any changes to this information will be updated accordingly;
  • You will provide and or use the Services in accordance with all applicable laws, industry codes and standards;
  • All personal information you provide to us will be treated in accordance with our Privacy Policy;
  • In order to register with Care Hive, you acknowledge that we may need to disclose personal details, including to any Government authority;
  • You will not use Care Hive for any commercial use outside of its intended purpose, this includes unauthorised advertising, collection of users personal information and/or sending of unsolicited emails;
  • You will not use Care Hive for any commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails without our express written consent;
  • You acknowledge and consent to Care Hive reserving the right to accept or refuse any application to register with Care Hive.

CONDUCT

At Care Hive, we are passionate about ensuring that:

  • Seekers and Providers are at all times treated with dignity and respect, receive quality services/products and have a positive experience as a Seeker or a Provider;
  • Providers feel safe when delivering services in a Seeker’s home.

Care Hive is not responsible for the conduct of any Seeker or Provider on the Platform, either online or offline.

It is the responsibility of all Seekers and Providers on Care Hive to act appropriately and lawfully at all times. Care Hive reserves the right to temporarily suspend or permanently delete any Provider or Seeker from the Care Hive platform for any reason.

DISPUTES

Care Hive is serious about service quality and will closely monitor disputes between Providers and Seekers and negative feedback. In the event it should happen, Care Hive reserves the right to disclose any information necessary to assist in any applicable law, legal requirement, police investigation or government request.

FEEDBACK AND COMPLAINTS

  • Care Hive encourages valid complaints being made through our Site or App.
  • Care Hive will respect the confidentiality and protect the privacy of any Seeker or Provider making a complaint.
  • Care Hive is committed to and will demonstrate fair and timely resolution of complaints.
  • Care Hive has a written complaints policy and associated processes which reflects relevant legislation, standards and sector policy.
  • Care Hive records and analyses trends from complaints to provide feedback, drive organisational policy development and continuous improvement.
  • Care Hive is aware that some complaints need to be managed in a particular way, either because the person making a complaint has specific rights of review or because the complaint includes allegations that must be reported to an external body. For example, criminal allegations that come to our attention will be reported to the police.
  • Care Hive informs each person of their right to make a complaint.

ONLINE SAFETY AND SECURITY

  • You are solely responsible for all activity on your Care Hive account. With this, it is important to ensure that you are maintaining confidentiality and security of your login credentials and session activity.
  • If you become aware of any unauthorised activity on your account, you should take actions to secure your account and contact Care Hive immediately.

RESPONSIBILITIES OF PROVIDERS

As a Provider registered with Care Hive, you should always:

  • Communicate with Seekers openly, honestly and in a timely manner;
  • Accept or decline service booking requests in a timely manner, at least within 24hrs;
  • Treat all Seekers with courtesy, dignity and respect;
  • Protect the Seeker’s privacy and confidential information;
  • Be aware of your duty of care obligations to Seekers;
  • Ensure that Seekers participate in decisions regarding their care and support arrangements;
  • Keep your Care Hive profile information up to date including your service offering, locations, availability and fees;
  • Provide services in a manner consistent with all relevant laws and standards;
  • Agree and confirm with Seekers the terms and total cost of each booking.

PROVIDER ACCREDITATION

As an individual Provider on Care Hive you will need to:

  • Be over 18 years of age;
  • Pass a Police Check;
  • Be able to work in Australia legally;
  • Pass a Working with Children Check (if working with children or working in and around children);
  • Have the professional accreditation for the services that you choose to provide;
  • Have public liability insurance;
  • Have an ABN and an Australian bank account;
  • Have transport to access the geographical area that you choose to service.

FEES

  • Use of Care Hive is free for Seekers.
  • Care Hive will charge Providers a fee equivalent to 4% + GST of the value of each transaction.
  • For transactions that have a total value of $0, a flat fee of AUD $0.50 will be charged to the Provider.
  • The fee is payable by the Provider on receipt of the service fee from the Seeker.
  • Care Hive reserves the right to change this fee at any time by updating these Terms & Conditions and will issue 30 days notice to all Providers prior to any changes being enforced.

MERCHANT FEES

  • Merchant fees on transactions may be applied by card issuers. Care Hive recommends you speak with your card issuer / bank regarding any such transaction fees.
  • Care Hive itself, nor any Provider will charge any additional payment processing fee to Seekers.
  • Payment processing services for Providers and Seekers on Care Hive are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service. By agreeing to these Terms and Conditions or operating on Care Hive, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of using Care Hive, enabling payment processing services through Stripe, you agree to provide Care Hive accurate and complete information about you and your business, and you authorize Care Hive to share it and transaction information related to your use of the payment processing services provided by Stripe.
  • Seekers will pay Stripe fees on each transaction with Care Hive. Fee structure summary:
    • 30c flat transaction fee; in addition to:
      • 1.75% of the transaction for domestic cards
      • 2.9% of the transaction for international cards
  • Where additional services are added to a booking after the initial payment pre-authorisation has been processed, the additional services will be treated as a separate transaction and thus the flat transaction fee of 30c will be applied.

CANCELLATION POLICY

  • Cancellation fees are dictated by the individual Provider and may be charged if a booking is cancelled without the agreed notice.
  • Care Hive itself will not add an additional charge to the Seeker in the event a cancellation fee is charged by the Provider.

TRANSACTING OFF THE PLATFORM

Seekers and Providers agree that they will conduct all bookings and communication via Care Hive and will not transact off the Care Hive platform.  As a Provider transacting via Care Hive, you can have confidence that you will be paid for your work as the payment details of all Seekers are held by our third party payment provider.  In the event a Seeker offers to transact with you off the Care Hive platform, please decline and indicate you will only transact via the Care Hive platform. Providers are asked to contact Care Hive regarding any offers to transact away from the platform and we will work with the Seeker to understand what difficulties or problems the Seeker may be having with using Care Hive.

If Care Hive becomes aware of transactions between a Seeker and Provider occurring outside the platform, we reserve the right to remove both the Seeker and the Provider from the platform.

PAYMENTS

Care Hive’s secure third party payment gateway (Stripe) will take payment from the Seeker on behalf of the Provider. The Provider authorises Stripe to make a payment of 4% + GST of the transaction value to Care Hive and deposit the balance of the funds into the Provider’s nominated bank account within 2 business days.

SEEKERS

When registering with Care Hive as a Seeker, you must:

  • Be at least 18 years of age;
  • Provide a recent photo of yourself so Provider’s are able to identify you;
  • Provide details of a valid payment method (credit or debit card).

An adult can register with Care Hive to search and book services to be provided to another adult (e.g. an adult registering with Care Hive to access services for their elderly parent).

A parent/guardian/supporter/carer can register with Care Hive to search and book services to be provided to a minor in their care.

A Plan Manager can register with Care Hive to search and book services to be provided to one or more of their clients/customers.

PAYMENTS AND FEEDBACK

  • Care Hive will ask for your credit or debit card details upon signing up. Most transactions with Care Hive will be completed via credit/debit card.
  • Your credit/debit card will be charged when:
    • Either the Seeker and Provider confirm via the App that the booked service has been delivered.
    • A booking is cancelled by the Seeker and the Provider’s Cancellation Policy states that a fee is payable.
  • An invoice/receipt for the service will be emailed to the Seeker at the email address linked to their Care Hive account.
  • After you have received services or goods obtained through Care Hive, you will have the opportunity to rate your experience and leave additional feedback.

RESPONSIBILITIES

It’s the responsibility of Seekers to:

  • Treat Care Hive Administrators and Providers with dignity and respect;
  • Advise the Provider as soon as possible if you need to amend, reschedule or cancel a booking;
  • Provide honest feedback on the Care Hive platform about your experience(s) of each Provider you book;
  • Provide honest feedback on Care Hive about your experience(s) using the Care Hive platform;
  • Confirm your booking details, including the total cost and the cancellation policy, with the Provider.

SERVICE ACCESS

  • Care Hive strives to provide an array of Providers, services and products to meet the needs of all Seekers on the platform. Care Hive will be proactive and willing to listen to Seeker requests to provide new service and product offerings.
  • Care Hive welcomes new Providers to our platform to ensure coverage in the services offered.

CARE HIVE RESPONSIBILITIES

  • Care Hive makes no guarantee regarding the quality of any services provided by Providers.
  • Care Hive encourages Seekers to use the Rating section of the platform in order to ensure ongoing quality of service delivery.
  • Care Hive is not responsible for the accuracy or reliability of any information provided by any Seeker or Provider on the site.
  • Care Hive takes no responsibility and has no obligation in contract or duty of care to manage or involve itself in any interactions between Providers and Seekers.

RESTRICTIONS

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services or Products provided by Care Hive Platform; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Products on the Care Hive Platform except as expressly permitted by Care Hive.

THIRD PARTY SERVICES AND CONTENT.

The Services or Products on the Care Hive Platform may be made available or accessed in connection with third party services, products and content (including advertising) that Care Hive does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services, products and content. Care Hive does not endorse such third party services, products and content and in no event shall Care Hive be responsible or liable for any products or services or content of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

YOUR USE OF THE SERVICES

TEXT MESSAGING.

By registering for an Account with Care Hive, you agree that we may send you text (SMS) messages as part of the normal business operation. You may opt-out of receiving text (SMS) messages from Care Hive at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of Services on Care Hive including promotions and other offers.

PROMOTIONAL CODES.

Care Hive may, in it’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services or Products and/or a Third Party Provider’s services, subject to any additional terms that Care Hive establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Care Hive; (iii) may be disabled by Care Hive at any time for any reason without liability to Care Hive; (iv) may only be used pursuant to the specific terms that Care Hive establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Care Hive reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Care Hive determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

USER PROVIDED CONTENT.

You agree to not provide content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Care Hive in its sole discretion, whether or not such material may be protected by law. Care Hive may, but shall not be obligated to, review, monitor, or remove Seeker or Provider Content, at Care Hive’s sole discretion and at any time and for any reason, without notice to you.

DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

The Care Hive platform is operated by Care Hive Pty Ltd ABN 39 625 492 935 under the domain name www.carehive.net.au and the App (“Website”). These terms of use and the Privacy Policy apply to the Website and the App.

The material on this Website is for information purposes only and is not provided for professional use.

Care Hive endeavours to ensure all information contained on this site is correct at the time of inclusion, however the accuracy of the material on this site cannot be guaranteed and any use of this information is at the user’s risk.

Prices on this Website are in Australian dollars, are correct at time of upload and are subject to change.

Care Hive is not liable for any loss incurred from relying on this Website, including from data corruption on download.

Nothing in this Website constitutes an offer to enter into any legal agreement or to exercise any rights in relation to the offering of any financial product, or amounts to a solicitation of any business. Nor is any document accessible from this Website an invitation to enter into any legal agreement or exercise any rights in relation to the offering of any financial product, nor does it amount to a solicitation for any business. Information on this Website is not financial advice – you should obtain advice before making any decision based on information available on this Website.

This Website may contain links to other websites operated by third parties (“Third Party Websites”). Care Hive does not endorse or approve of the operators of Third Party Websites, or the information, graphics and material on those Third Party Websites. Your access to Third Party Websites may be governed by their own terms of use.

Care Hive is either the owner or the licensed user of the copyright in the materials and information on this Website including without limitation any logo, design, text, graphic and their arrangement (“Content”). You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content. The material may not be reproduced or published in any way or by any means without the prior written consent of Care Hive. Contact Care Hive if you want to reproduce any content of or link to this Website.

By accessing this Website you agree to accept these terms. You acknowledge and accept that your use of the Website indicates your acceptance of this licence and that you are responsible for all of your activity in connection with accessing the Website.

DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CARE HIVE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CARE HIVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CARE HIVE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

CARE HIVE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF WHETHER CARE HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.CARE HIVE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, REGARDLESS OF WHETHER CARE HIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CARE HIVE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CARE HIVE’S REASONABLE CONTROL. IN NO EVENT SHALL CARE HIVE’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED DOLLARS ($500).

CARE HIVE’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CARE HIVE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

GENERAL

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”