Terms & Conditions – Service Providers

Terms & Conditions – Service Providers

Welcome to Roaming Homehealth!

WHAT PARTS OF THESE TERMS APPLY TO ME? 

This agreement governs your use of Roaming Homehealth (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, RHC Pty Ltd ABN 20 615 503 476 operating under the business name Roaming Homehealth (Roaming Homehealth, we or us), formerly Roaming Healthcare. 

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;
• Part B (Service Providers), which sets out additional terms that apply to Service Providers, being professional medical and support workers offering their services on the Platform; and
• Part C( Clients), which sets out additional terms that apply to Clients, being individuals seeking services from the Service Providers. 

If you intend to use the Platform as a Service Provider, only Part A and Part B of these terms will apply to you. 

If you intend to use the Platform as a Client, only Part A and Part C of these terms will apply to you. 

When we talk about the “Services” in this agreement, we are referring to the services available through our website and any associated services we offer and our mobile applications available on the Apple iOS Store and the Google Play Store.

When we talk about “Service Listings” in this agreement, we are referring to a Service Provider’s profile or a listing which sets out an offer of services by that Service Provider. 

When we talk about “Memberships” in this agreement we are referring to a User’s ability to use the Platform and the Services we provide in accordance with these terms.  

When we talk about “NDIS”it means the National Disability Insurance Scheme under the NationalDisabilityInsurance Scheme Act 2013 (Cth) and any associated codes of conduct, standards, rules and regulations.

If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

DISCLAIMER 

1. Roaming Homehealth operates as an online platform that connects individuals with independent  health professionals. Roaming Homehealth is not a healthcare provider, medical practice, or crisis intervention service and does not itself provide diagnosis, treatment, or medical advice.
2. The Platform’s role is strictly limited to facilitating introductions between Clients and Service Providers. Any professional relationship, contract, or arrangement is solely between the Client and the Service Provider. Roaming Homehealth is not a party to, and has no responsibility for, that relationship.
3. Roaming Homehealth does not endorse, warrant, or guarantee the availability, quality, suitability, licensure, professional standing, or effectiveness of any Service Provider. While we may take reasonable steps to verify certain credentials, we do not warrant that such checks are complete, up-to-date, or error-free, and we accept no responsibility for a Service Provider’s compliance with laws, regulations, or professional standards.
4. To the maximum extent permitted by law, Roaming Homehealth disclaims all liability for: 

• The accuracy of information provided by Service Providers.
• The outcome or effectiveness of psychotherapy sessions.
• Any direct, indirect, incidental, or consequential damages arising from interactions between Clients and Service Providers.

5. Clients engage with Service Providers entirely at their own risk.
6. The Platform is not suitable for emergencies or crisis situations. If you are in distress or require urgent assistance, you must contact emergency services (e.g. call 000 in Australia) or a recognised crisis helpline in your location.
7. You are solely responsible for determining whether any service accessed through the Platform is appropriate for you. Roaming Homehealth makes no guarantees that services will meet your personal needs, circumstances, or goals, or that any techniques, recommendations, or information provided will achieve a particular outcome. Your use of any such services, information, or techniques is entirely at your own risk. By engaging with a Service Provider, you acknowledge that Roaming Homehealth is not acting as your doctor or healthcare provider and you release Roaming Homehealth from any claim, loss, or liability arising from or in connection with your physical or mental health while using the Platform.
8. Where services are provided online, Roaming Homehealth is not responsible for any technical issues, interruptions, or data loss.
9. Roaming Homehealth is based in Australia, and this agreement is governed by the laws of Australia. If you access the Platform from outside Australia, you are responsible for compliance with your local laws. Roaming Homehealth accepts no liability for any issue arising from the application of foreign laws or regulations, and you release us from all related claims.
10. If you are unsure about any aspect of the services or your participation, you should seek professional medical advice. In an emergency, contact emergency services immediately.

A. All Users

1. ELIGIBILITY
   1. (Over 18s only) This Platform is intended for persons over the age of 18. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Website and the Services for personal use. 
   2. Please do not access the Platform if you are under the age of 18 years old or if you have previously been suspended or prohibited from using the Website. 
   3. If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority from that company or organisation to do so.  

2. USING THE PLATFORM ON BEHALF OF ANOTHER PERSON – AUTHORITY 

If you are using the Platform, including signing up as a User, on behalf of someone else (such as a family member, a legal guardian or an NDIS participant), then this clause applies to you. 

By signing up or otherwise using the Platform and our Services you agree and warrant that:

1. you have full legal authority and consent from the person you are representing to enter into this agreement and use the Roaming Homehealth Platform on their behalf. You agree to provide evidence of this authority and consent to us if we ask for it;
2. if at any point the person you are representing revokes their authority and consent, or otherwise does not wish for you to be using the Platform on their behalf, you will inform us and immediately cease using the Platform on behalf of that person; 
3. if you are accessing our Platform to perform or provide NDIS services, you are responsible for ensuring you are compliant with, and are providing services in accordance with all applicable NDIS codes of conduct, standards and rules and regulations;
4. you assume the responsibility for ensuring you pass on any applicable information to the person that you are representing;
5. you release and discharge Roaming Homehealth from all claims arising from, or in connection with, the Platform and any issues between you and the person you are representing; and
6. you agree to indemnify, keep indemnified and hold harmless Roaming Homehealth, to the extent permitted by law in respect of any claim as a result of or in connection with your use of the Platform.

If at any point we become aware of your misuse of our Platform, including if the person you are representing contacts us to inform us they would no longer like you to have access to the Platform on their behalf, we reserve the right to immediately suspend, cancel or otherwise revoke your access to our Platform. 

3. NDIS SERVICES

If the Service Provider is providing services to any Clients under the NDIS (such as if the Client is an NDIS participant), then this clause applies.

As set out in the Disclaimer above, we will not be held responsible for any NDIS issues and this clause does not mean we are involved in how any Service Provider provides services under the NDIS.  We will not accept any liability for any NDIS issues. 

1. The Service Provider must provide the Services to the Client in accordance with the NDIS, and any required rules and guidelines of the NDIS including the Client’s NDIS plan if applicable.
2. The Service Provider must ensure that it has any required clearance for providing the Services under the NDIS, including an NDIS worker screening check (at the Service Provider’s cost). 
3. If applicable, the Service Provider must only charge Clients, as applicable, in accordance with the NDIS Price Guide, NDIS Support Catalogue or any other NDIS requirements. 
4. The Service Provider may be able to charge different amounts to the Client depending on the Client’s plan and any applicable NDIS rules, including for self-managed Clients. 
5. It is the Service Provider’s responsibility to ensure that any Services required for the NDIS are funded under the Client’s plan and that a Client has funding for that particular service. Roaming Homehealth will not be liable for any issues with non-payment of any services or non-compliance with the NDIS. 
6. The Client is responsible for the management of the Client’s NDIS plan. This includes making claims and giving any evidence asked for by the NDIS or the Service Provider. We will not accept any liability or claims regarding your compliance or obligations under the NDIS. 

4. ACCOUNTS
   1. In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
   2. As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Roaming Homehealth from time to time.
   3. You warrant that any information you give to Roaming Homehealth in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
   4. Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.  
   5. Once you complete the Account registration process, Roaming Homehealth may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
   6. Roaming Homehealth reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
   7. Roaming Homehealth may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

5. USER OBLIGATIONS

As a User, you agree:

1. not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
2. to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Roaming Homehealth of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
3. to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
   1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
   2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Roaming Homehealth; 
4. not to act in any way that may harm the reputation of Roaming Homehealth or associated or interested parties or do anything at all contrary to the interests of Roaming Homehealth or the Platform; 
5. not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Roaming Homehealth; 
6. that Roaming Homehealth may change any features of the Platform or Services offered through the Platform at any time without notice to you;
7. that information given to you through the Platform, by Roaming Homehealth or another User including a Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
8. that Roaming Homehealth may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause

6. POSTED MATERIALS

6.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
2. the Posted Material is accurate and true at the time it is provided;
3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
8. the Posted Material does not breach or infringe any applicable laws.

6.2 LICENCE

1. You grant to Roaming Homehealth a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Roaming Homehealth to use, exploit or otherwise enjoy the benefit of such Posted Material.
2. If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Roaming Homehealth from any and all claims that you could assert against Roaming Homehealth by virtue of any such moral rights.
3. You indemnify Roaming Homehealth against all damages, losses, costs and expenses incurred by Roaming Homehealth arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

6.2 REMOVAL

1. Roaming Homehealth acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Roaming Homehealth may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
2. You agree that you are responsible for keeping and maintaining records of Posted Material.

7. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Roaming Homehealth will have no liability or obligation to you if:

1. a Client or Service Provider cancels at any time after the time for performance of the Service Listing is agreed; or 
2. for whatever reason, including technical faults, the services in a Service Listing cannot be performed or completed,

and you will not be entitled to any compensation from Roaming Homehealth.

8. IDENTITY VERIFICATION
   1. (Verification) We may offer or require Users to verify their details using our processes or an external identity verification service as applicable (Verification Service).  
   2. (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 18. Where a Verification Service is used, you acknowledge and agree that:
      1. we may contact and share your personal information with a Verification Service  to verify your details; 
      2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
   3. (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.  
   4. (Warranty and Indemnity) You acknowledge and agree that:
      1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User; 
      2. you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
      3. we do not endorse any User, Service Listing or Verification Service.

9. ONLINE PAYMENT PARTNER
   1. We may use third-party online payment partner, currently Stripe Online Payment Partner) to collect payments on the Platform, including for our Services. 
   2. The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. You can find these: https://stripe.com/au/legal/ssa 
   3. You agree to release Roaming Homehealth and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
   4. We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 

10. SERVICE LIMITATIONS

While we make every effort to ensure that the information on the Platform is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

1. the Platform may have errors or defects (or both, as the case may be);
2. the Platform may not be accessible at times;
3. messages sent through the Platform may not be delivered promptly, or delivered at all;
4. information you receive or supply through the Platform may not be secure or confidential; and
5. any information provided through the Platform may not be accurate or true.

11. INTELLECTUAL PROPERTY 
    1. Roaming Homehealth retains ownership of or provides you with a sublicense to (as the case may be) all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
    2. You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of use within the scope of the Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Roaming Homehealth or as permitted by law.
    3. In this clause 11, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

12. THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Roaming Homehealth accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

13. THIRD PARTY TERMS SUPPLIERS
    1. If we need to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (Third Party Terms).
    2. Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms (for example, a link on our Platform or otherwise set out in these terms), you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we use to provide you with the Platform or any services related to Platform and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
    3. You have the right to reject any Third Party Terms. If you reject the Third Party Terms, we cannot provide you with the services associated with the Platform and you can stop using the Platform. 

14. DISPUTES BETWEEN USERS
    1. You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
    2. If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Roaming Homehealth via glen@roamimg.healthcare. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    3. Any costs you incur in relation to a complaint or dispute will be your responsibility.
    4. Roaming Homehealth has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
    5. Roaming Homehealth reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
    6. If you have a dispute with Roaming Homehealth, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 
    7. Notwithstanding any other provision of this clause 14, you or Roaming Homehealth may at any time cancel your Account or discontinue your use of the Platform.

15. SECURITY

Roaming Homehealth does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

16. DISCLAIMER
    1. (Introduction service) Roaming Homehealth is a medium that facilitates the introduction of Clients and Service Providers for the purposes of obtaining psychotherapy services. Roaming Homehealth simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Clients and Service Providers in relation to such services or otherwise resulting from the introduction.
    2. (Limitation of Liability) To the maximum extent permitted by law and subject to clause 16(b), the total liability of each party (being you, the User and us, Roaming Homehealth) in respect of loss or damage sustained by the other party in connection with this agreement is limited to the amount paid by you on the Platform in the 3 months preceding the date of the event giving rise to the relevant liability. 
    3. Clause 16(b) does not apply to your liability in respect of loss or damage sustained by Roaming Homehealth arising from your breach of clauses 1; 6; 18; 2. 
    4. (Disclaimer) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this agreement are excluded.
    5. (Consumer Law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
    6. (Consequential Loss) To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement or any goods or services provided by Roaming Homehealth, except:
       1. in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
       2. to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

17. CONFIDENTIALITY

You agree that:

1. no information owned by Roaming Homehealth, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
2. all communications involving the details of other users on this Platform and of the Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

18. PRIVACY

You agree to be bound by the clauses outlined in Roaming Homehealth’s Privacy Policy, which can be accessed here https://roaming.healthcare/privacy-policy/. 

19. COLLECTION NOTICE
    1. We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    2. Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information. 

20. NOTICE REGARDING APPLE 

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

1. this agreement is are between you and Roaming Homehealth and not with Apple. Apple is not responsible for the Services or any content available on the Services;
2. Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
3. in the event of any failure of Roaming Homehealth to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Roaming Homehealth’s responsibility;
4. Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
   1. product liability claims; 
   2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
   3. claims arising under consumer protection, privacy, or similar legislation;
5. in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
6. that you represent and warrant that:
   1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
   2. you are not listed on any U.S. Government list of prohibited or restricted parties;
7. you must comply with applicable third party terms of this agreement when using the Services; and
8. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

21. TERMINATION
    1. Either Roaming Homehealth or the User may terminate the User’s account at any time (including any listings, memberships or Accounts) for any reason. 
    2. If a User wants to terminate their account (and/or any other membership they hold in connection with the Platform), they can do so by using the Platform’s functionality where available. Where such functionality is not available, Roaming Homehealth will effect such termination within a reasonable time after receiving written notice from the User.
    3. In the event that a User’s Account is terminated:
       1. the User’s access to all posting tools on the Platform will be revoked;
       2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
       3. the User may be unable to view the details of other Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
    4. Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

22. FORCE MAJEURE 

1. If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
   1. reasonable details of the Force Majeure Event; and
   2. so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation. 
2. Subject to compliance with clause 1.1(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
3. The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
4. For the purposes of this agreement, a ‘Force Majeure Event’ means any:
   1. act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
   2. strikes or other industrial action outside of the control of the Affected Party; or
   3. war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
   4. any decision of a government authority in relation to a health emergency shutdown directive (Including from COVID-19, or any threat of COVID-19, and any other virus, infection or pandemic) beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

23. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Roaming Homehealth will not be held accountable in relation to any transactions between Clients and Service Providers where tax related misconduct has occurred.

24. RECORD / AUDIT

To the extent permitted by law, Roaming Homehealth reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Roaming Homehealth.

25. NOTICES

1. A notice or other communication to a party under this agreement must be:
   1. in writing and in English; and
   2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
2. Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
   1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
   2. when replied to by the other party,

whichever is earlier.

26. GENERAL

26.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

26.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

26.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

26.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

26.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

26.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

26.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

26.8 INTERPRETATION

1. (singular and plural) words in the singular includes the plural (and vice versa);
2. (gender) words indicating a gender includes the corresponding words of any other gender;
3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
10. (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

B. Service Providers

1. ELIGIBILITY AND QUALIFICATIONS
   1. You must not provide Services to any person under 18 years old unless you have first obtained verifiable parental or guardian consent. You are solely responsible for verifying a Client’s age and consent status before providing any Services.
   2. If in any of your Service Listings or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Roaming Homehealth that you do hold such Qualifications and if requested, will promptly provide Roaming Homehealth with evidence of the Qualifications.
   3. You must at all times maintain a valid Working With Children Check (or equivalent) and any other clearances, registrations or background checks legally required in the jurisdiction(s) in which you provide Services. Roaming Homehealth has no obligation to monitor or confirm your compliance with these requirements. You indemnify and hold harmless Roaming Homehealth from and against any loss, claim, liability, penalty, fine, cost or expense arising out of or in connection with your failure to hold, maintain, or comply with any such clearance or legal requirement.

2. Provision of Services 

2.1 PROVISION OF SERVICES

1. During the Term, the Service Provider must provide the Services to the Clients in accordance with this agreement. 
2. You are solely responsible for all clinical recommendations, professional advice, information, and opinions you provide. Roaming Homehealth does not supervise, direct, or control your professional judgment and accepts no responsibility for it.
3. You acknowledge and agree that a Client may review any Service Listing or services you provide under a Service Listing on the Platform in accordance with clause 4 of Part C of this agreement and that Roaming Homehealth has no obligation to remove or moderate such reviews unless legally required.

2.2 STANDARD OF SERVICES

The Service Provider must provide the Services:

1. in compliance with all applicable laws, regulations, tax obligations, industry standards, and ethical codes;
2. in accordance with any applicable standards, codes, and guidelines applying to the provision of virtual care and psychotherapy; 
3. whilst located in Australia;
4. with due care and skill and in a professional, punctual and diligent manner;
5. in a manner so that the Services are fit for their intended purpose; 
6. by not engaging in any other act, omission or conduct that puts you in a position of conflict between your duties to the Clients and your duties to another person or entity.

2.3 INSURANCE

At all times during the Term (unless otherwise agreed in writing), the Service Provider must affect and maintain adequate insurance to cover the Service Provider’s risks and liabilities under this agreement. Without limiting the generality of this clause, the Service Provider must maintain a minimum of:

1. professional indemnity insurance and any other required insurance relevant to registered health professionals; 
2. public liability insurance; and
3. any other insurances legally required or reasonably expected for your profession.

You must provide Roaming Homehealth with certificates of currency on request and indemnify Roaming Homehealth for any loss arising from your failure to hold adequate insurance.

3. Warranties

You warrant that: 

1. you possess the skills, competence and qualifications to carry out the duties required of your Services, and any representation made by you as to your qualifications and experience are true and correct;
2. you have not been charged with or found guilty of any offence which would be incompatible with your Services and responsibilities or the trust and confidence placed in you by the Clients to perform your Services;
3. you are legally entitled to work in Australia, and agree to produce the appropriate documentation upon request from the Clients including, for example:
   1. Australian birth certificate;
   2. Certificate of Australian citizenship;
   3. Australian or New Zealand passport;
   4. Evidence of permanent resident status; and/or
   5. Any other document(s) appropriate to your circumstance.

4. Service Requests 
   1. Service Requests may be directed to you by the Platform’s algorithm. Roaming Homehealth does not guarantee the volume, frequency, or relevance of such Service Requests.
   2. Contact details of Clients are only available once you have paid the applicable unlocking fee via the Platform.
   3. Roaming Homehealth does not warrant that any Service Request will lead to a booking, payment, or engagement.

5. Fees 

5.1 Access to the platform 

1. Access to the Platform as a Service Provider is only available by purchasing one of our subscription packages (Packages).
2. Packages are available in Monthly, Six-Month, and Twelve-Month terms. Longer-term Packages may attract discounts as set out on the Platform.
3. Current Package details, inclusions, and applicable pricing will be displayed on the Platform.

5.2 Subscription Terms

1. Unless otherwise agreed in writing, all Package fees (Fees) are payable in full and in advance for the duration of your Package.
2. Packages automatically renew for successive terms of the same length unless you notify us before the end of your current term that you wish to cancel. If you do not cancel before renewal, you authorise us to charge the Fees for the renewed term using your nominated payment method.
3. Fees for Packages (including Monthly, Six-Month, and Twelve-Month terms) are non-refundable, including where you cancel before the end of the term, except where required by law.

5.3 Client Payment for services

1. All Client payments for Services must be processed through the Platform as listed on the platform. You must not accept or request direct payments outside of the Platform. Doing so constitutes a material breach of this Agreement.
2. The fee split, payment processing method, tax obligations, and payout timing are as set out on the Platform from time to time. Roaming Homehealth may deduct from any amount payable to you any fees, chargebacks, refunds, or adjustments owed by you.

5.4 Independent contractor

1. You acknowledge and agree that you are engaged as an independent contractor, not as an employee, partner, or agent of Roaming Homehealth. 
2. You are solely responsible for all taxes, GST, superannuation, insurance, and other statutory obligations arising from your earnings via the Platform; and ensuring you comply with all applicable laws relating to your professional services and business operations.

3. PAYMENT
   1. (Payment obligations) Unless otherwise agreed in writing with us, you must pay for all Services prior to receiving any Services. 
   2. (Card surcharges) Roaming Homehealth reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
   3. (Online payment partner) Roaming Homehealth processes payments through the Platform using an online payment partner, currently Stripe (Online Payment Partner). In addition to this agreement, your purchase of any services via the Platform will be subject to the terms and the privacy policy of the Online Payment Partner, available on the Online Payment Partner’s website.
   4. You agree to release Roaming Homehealth and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
   5. (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing the relevant Services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
   6. (Failure to Pay): if you fail to pay any Fees when due, we may suspend or revoke your Account and restrict access to the Platform until payment is received in full.
      (b) We may, at our sole discretion, charge interest on overdue amounts and recover all reasonable costs incurred in recovering the outstanding Fees (including legal fees and collection agency costs).
   7. (Changes to Fees): Roaming Homehealth may change its Fees, Packages, or fee structures at any time by providing notice on the Platform. Continued use of the Platform after any such change constitutes your acceptance of the updated Fees.

6. REFUNDS & CANCELLATIONS
   1. Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Listing, before you have performed all the relevant services, you must contact us using the Platform’s functionality, including by providing details as to why you are cancelling. If Roaming Homehealth decides to investigate your request, you must provide assistance and information to Roaming Homehealth as reasonably requested.
   2. You must ensure that your cancellation policy and refund policy in relation to you or Clients cancelling an accepted Service Listing is in compliance with all applicable laws, such as the Australian Consumer Law.
   3. Roaming Homehealth may issue refunds to Clients in its sole discretion, and you must reimburse Roaming Homehealth on demand for any amounts refunded in connection with your Services.
   4. The Platform’s service fee is non-refundable except as required by law.

7. BYPASSING
   1. You agree that while you are a Service Provider on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Client whom you came to know about, or with whom you provided goods or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Client or their representative is still active on the Platform.
   2. Roaming Homehealth may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 7.

8. BINDING CONTRACT

You agree that when a Client submits an enquiry in response to your Service Listing, this constitutes their intention and offer to enter into a contract with you, where you will provide the Client with the service as specified in the relevant Service Listing, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Client) when you respond to an email or message on the Platform confirming that you accept the Client’s offer.

C. Clients

1. Services 

1.1 Services

1. Details of all our Service Provider services are available on our Platform. Most of our Service Provider services are provided online (Session).
2. By booking the Services via the Platform or otherwise engaging the Service Provider to provide you with the Session, you:
   1. agree to be bound by these terms;
   2. are authorised to use the credit or debit card to purchase the Services, where applicable;
   3. represent and warrant that you are either:
      1. over the age of 18 years and accessing the Services for yourself; or 
      2. under the age of 18 years and have your parent or guardian’s permission to access the Services. 
3. If you are using the Services and are under the age of 18 you must have the consent of your parent and/or legal guardian in order to receive the Services.

2. Booking a Session

When booking a Session with the Service Provider you will need to register an Account and enter your details on our website, you will then be contacted by the Service Provider to book in your initial Session. We may sometimes we use a third-party booking service to allow you to make bookings for the Services. 

1. Accepting your initial Session when we contact you constitutes your intention and offer to enter into a contract, where we will provide you with the Services you have ordered in exchange for your payment of the total amount displayed when submitting the booking request (Fee). A contract is not formed until you receive an email from us confirming that your order is being processed.

3. Booking policy
   1. After accepting your initial Session or making a Booking Request, you will be sent an email confirming your Session details, as well as a reminder for your Session 48 hours in advance via email and text. 
   2. You will be required to pay a refundable deposit of 30% of the Fees at the time of your Booking Request or the time you accept your initial Session, you must pay this deposit within 48 hours of this time or your Session will be cancelled. 
   3. If you prefer, you may keep this deposit on your account for future use and pay the Fees for each Session in full after each Session. Alternatively, you may pay this deposit each time you make a Booking Request. 

4. Attending your Session

4.1 Telehealth Session

1. If the Services are provided in real time online, they will be delivered electronically and accessed via the third-party app we use from time to time (App).  
2. There will be no additional fees payable to us for using the App, other than any fee applicable to downloading any applications from any app store. 
3. The App we use is a third-party app and is subject to additional terms and conditions. By using the App you will be bound by this clause and the Third Party Terms.
4. The App is powered by a third-party platform and the terms and conditions of that third party may apply to your use of the App to the extent applicable to you. 
5. To the maximum extent permitted under applicable law and our agreement with our app provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the App or any issues experienced in using the App including downtime and the App not functioning adequately. 
6. You agree that it is your responsibility to check that the computer and internet service being used to access the Services is adequate to access the Telehealth  Session. 
7. We will not be liable to you if the Services may not be provided as a result of any technical issues including but not limited to:
   1. the operation of the internet, including but not limited to viruses; 
   2. any firewall restrictions that have been placed on your network or the computer you are using to access the Telehealth  Session; 
   3. failures of telecommunications links and equipment; and
   4. software and browser incompatibility.

4.2 RESCHEDULING OR CANCELLING A SESSION

1. If you cannot attend a Session, we ask that you please give the Service Provider at least 24 hours’ notice. If you provide at least 24 hours’ notice to cancel a Session, you will not be charged a cancellation fee and your initial deposit will be refunded in full. 
2. If you cancel a  Session less than 24 hours before the Session time, you will be:
   1. required to pay the total fees of the Session;
   2. required to pay any expenses incurred by the Service Provider; and 
   3. required to pay upfront for the next Session that you book.
3. Once you have made payment of the total fees for the missed Session, you may reschedule your Session by creating a new Session using the Booking App.

5. CANCELLATIONS

1. Roaming Homehealth will have no liability or obligation to you if a Service Provider cancels a Service Listing after it has been agreed and you will not be entitled to any compensation from Roaming Homehealth in relation to any such cancellation, including any portion of the Service Fee.
2. If you wish to cancel services specified in an agreed Service Listing, before the Service Provider has performed them, you must contact the Service Provider. If Roaming Homehealth decides to investigate your cancellation, you must provide assistance and information to Roaming Homehealth as reasonably requested.
3. If you cancel a service specified in an agreed Service Listing, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Service Provider.

6. RATINGS AND REVIEWS
   1. Clients may rate a Service Listing (Rating) and/or may provide feedback to Service Providers regarding the services Clients received from them (Review). 
   2. Clients’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Service Provider Account and/or Service Listing is removed or terminated.
   3. Clients must only provide true, fair and accurate information in their Reviews.
   4. If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Client from posting further Reviews. We do not undertake to review each Review made by Clients.
   5. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
   6. You may not publish Reviews of Service Providers to whom you have a personal or professional relationship (separately from the Platform).
   7. You may only write a Review about a Service Provider if you have had a buying or service experience with that Service Provider, which means that:
      1. you have purchased a product or service from that Service Provider via the Platform; or
      2. you have placed an order with the Service Provider via the Platform; or
      3. you can otherwise document your use of the Service Provider’s service, including via correspondence or other interaction with the Service Provider via the Platform, (collectively referred to as a Service Experience).
   8. You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
   9. You may not write a Review about a Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Service Provider, or work for the Service Provider. Similarly, you may not write a Review about a direct competitor to the Service Provider you own, are employed by or work for. 
   10. Your Service Experience must have occurred within the last 12 months when you submit a Review. 
   11. You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a Service Provider to write a Review, you should include information about this in your Review. Incentives include the Service Provider offering you a gift, reward, discount or advantage for writing a Review about the Service Provider.

7. LINKED BUSINESSES

You acknowledge and agree that:

1. the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Roaming Homehealth;
2. the provision by Roaming Homehealth of introductions to Service Providers does not imply any endorsement or recommendation by Roaming Homehealth of any Service Provider; 
3. Roaming Homehealth does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Service Provider who uses or is listed on the Platform; and
4. any terms and conditions relating to a Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider once agreed in accordance with clause 1 and do not involve Roaming Homehealth in any way.

8. COMMUNICATION OUTSIDE THE PLATFORM
   1. You must not communicate with a Service Provider, or request or entice a Service Provider to communicate with you, outside the Platform (except in the course of accepting Service Provider services that were agreed in a Service Listing or Service Request).
   2. Roaming Homehealth, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 8.