WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Roaming Healthcare platform available at https://roaming.healthcare/ or any other associated URL (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 Roaminghealthcare (Roaming Healthcare, we or us).

The remainder of this agreement is divided into three parts:

• Part 1 (All Users), which sets out terms that apply to all Users;
• Part 2 (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 3 (Clients), which sets out additional terms that apply to Clients, being anyone wishing to engage the services of Service Providers on the Platform.

If you intend to use the Platform as a Service Provider, only Parts 1 and 2 of these terms will apply to you.

If you intend to use the Platform as a Client, only Parts 1 and 3 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 National Disability Insurance 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 [Optional (if Android mobile app): or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

• : All Users

1. ELIGIBILITY
   • ELIGIBILITY
     • (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.
     • 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.
     • 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:

• you have full legal authority and consent from the person you are representing to enter into this agreement and use the Roaming Healthcare Platform on their behalf. You agree to provide evidence of this authority and consent to us if we ask for it;
• 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;
• 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;
• you assume the responsibility for ensuring you pass on any applicable information to the person that you are representing;
• you release and discharge Roaming Healthcare from all claims arising from, or in connection with, the Platform and any issues between you and the person you are representing; and
• you agree to indemnify, keep indemnified and hold harmless Roaming Healthcare, 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.

• 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.
• 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).
• 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.
• 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.
• 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 Healthcare will not be liable for any issues with non-payment of any services or non-compliance with the NDIS.
• 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
   • 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).
   • 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 Healthcare from time to time.
   • You warrant that any information you give to Roaming Healthcare in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
   • 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.
   • Once you complete the Account registration process, Roaming Healthcare may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
   • Roaming Healthcare reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
   • Roaming Healthcare 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:

• 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;
• 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 Healthcare of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
• to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Services, including:
  • you must not use the Platform 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
  • you must not use the Platform 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 Healthcare;
• not to act in any way that may harm the reputation of Roaming Healthcare or associated or interested parties or do anything at all contrary to the interests of Roaming Healthcare or the Platform;
• you must not 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 Healthcare;
• that Roaming Healthcare may change any features of the Platform or Services offered through the Platform at any time without notice to you;
• that information given to you through the Platform, by Roaming Healthcare 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
• that Roaming Healthcare 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 5.

6. POSTED MATERIALS
   • WARRANTIES

By providing or posting any information, materials or other content on the Platform including any material in any Service Listing (including your trademarks and testimonials) (Posted Material), you represent and warrant that:

• you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
• the Posted Material is accurate and true at the time it is provided;
• 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;
• the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
• the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
• 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;
• 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
• the Posted Material does not breach or infringe any applicable laws.

• LICENCE
  • You grant to Roaming Healthcare 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 Healthcare to use, exploit or otherwise enjoy the benefit of such Posted Material.
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Roaming Healthcare from any and all claims that you could assert against Roaming Healthcare by virtue of any such moral rights.
  • You indemnify Roaming Healthcare against all damages, losses, costs and expenses incurred by Roaming Healthcare arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
• REMOVAL
  • Roaming Healthcare 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 Healthcare 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.
  • You agree that you are responsible for keeping and maintaining records of Posted Material.

7. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

Roaming Healthcare will have no liability or obligation to you if:

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

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

8. SERVICE LIMITATIONS

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Roaming Healthcare cannot and does not represent, warrant or guarantee that:

• the Platform will be free from errors or defects;
• the Platform will be accessible at all times;
• messages sent through the Platform will be delivered promptly, or delivered at all;
• information you receive or supply through the Platform will be secure or confidential; or
• any information provided through the Platform is accurate or true.

9. INTELLECTUAL PROPERTY
   • Roaming Healthcare 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, 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.
   • 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 browsing the Platform and using our Services. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Roaming Healthcare or as permitted by law.
   • In this clause 9, "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.
10. 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 Healthcare 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.

11. THIRD PARTY TERMS
    • Any service that requires Roaming Healthcare to acquire goods and services supplied by a third party on behalf of the Client (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including 'no refund' policies.
    • Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Roaming Healthcare to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
12. DISPUTES BETWEEN USERS
    • 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.
    • 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 Healthcare via the contact us page on the Platform. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
    • Any costs you incur in relation to a complaint or dispute will be your responsibility.
    • Roaming Healthcare 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.
    • Roaming Healthcare 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.
    • If you have a dispute with Roaming Healthcare, 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.
    • Notwithstanding any other provision of this clause 12, you or Roaming Healthcare may at any time cancel your Account or discontinue your use of the Platform.
13. SECURITY

Roaming Healthcare 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.

14. DISCLAIMER
    • (Introduction service) Roaming Healthcare is a medium that facilitates the introduction of Clients and Service Providers for the purposes of Service Providers providing care and other health services to Clients. Roaming Healthcare 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.
    • (Limitation of liability) To the maximum extent permitted by applicable law, Roaming Healthcare excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
    • (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
    • (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 we provide.
    • (Indemnity) You agree to indemnify Roaming Healthcare and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
      • breach of any term of this agreement;
      • use of the Platform; or
      • your provision or receipt of Services from another User.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Roaming Healthcare 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 arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
15. CONFIDENTIALITY

You agree that:

• no information owned by Roaming Healthcare, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
• 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.

16. COLLECTION NOTICE AND PRIVACY
    • We collect personal information about you in order to provide you with our Services, our associated services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
    • We may collect sensitive health information about you during the course of providing you with our Services. We only collect the information that you choose to provide us in order to provide you with our Services.
    • 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.
    • By using our Platform, you agree to be bound by the clauses outlined in our Privacy Policy available on our website.
17. NOTICE REGARDING APPLE

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

• this agreement is are between you and Roaming Healthcare and not with Apple. Apple is not responsible for the Services or any content available on the Services;
• Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
• in the event of any failure of Roaming Healthcare 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 Healthcare’s responsibility;
• Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
  • product liability claims;
  • any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation;
• 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;
• that you represent and warrant that:
  • 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
  • you are not listed on any U.S. Government list of prohibited or restricted parties;
• you must comply with applicable third party terms of this agreement when using the Services; and
• 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.

18. TERMINATION
    • Roaming Healthcare reserves the right to terminate a User's access to any or all of the Platform (including any listings and Memberships) at any time without notice, for any reason.
    • In the event that a User's Membership is terminated:
      • the User's access to all posting tools on the Platform will be revoked;
      • 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
      • the User may be unable to view the details of all 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.
    • Users may terminate their Membership on Roaming Healthcare at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, Roaming Healthcare will effect such termination within a reasonable time after receiving written notice from the User.
    • Notwithstanding termination or expiry of your Membership or this agreement, the provisions of Part 1 and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
19. FORCE MAJEURE
    • 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:
      • reasonable details of the Force Majeure Event; and
      • 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.
    • Subject to compliance with clause 19(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    • The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    • For the purposes of this agreement, a ‘Force Majeure Event’ means any:
      • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      • strikes or other industrial action outside of the control of the Affected Party; or
      • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      • 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.

20. 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 Healthcare will not be held accountable in relation to any transactions between Clients and Service Providers where tax related misconduct has occurred.

21. RECORD / AUDIT

To the extent permitted by law, Roaming Healthcare 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 Healthcare.

22. NOTICES
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • 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.
    • 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:
      • 24 hours after the email was sent; or
      • when replied to by the other party,

whichever is earlier.

23. GENERAL
    • 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• 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.

• INTERPRETATION
  • (singular and plural) words in the singular includes the plural (and vice versa);
  • (currency) a reference to $; or "dollar" is to Australian currency;
  • (gender) words indicating a gender includes the corresponding words of any other gender;
  • (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;
  • (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;
  • (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;
  • (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;
  • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  • (includes) the word "includes" and similar words in any form is not a word of limitation; and
  • (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.

• : SERVICE PROVIDERS

1. ELIGIBILITY
   • You must verify that any Client is over 18 years old.
   • If you are providing services to anyone under the age of 18 and are working with children, you must at all times maintain a valid working with children check in the jurisdiction you will offer your services in. Roaming Healthcare is under no obligation to confirm the status of your eligibility to work with people under 18 years old. You indemnify Roaming Healthcare against any claim that may arise in connection with your eligibility to work with people under 18 years old.
2. SERVICE LISTINGS

After you create an Account, you may create a profile or a listing to set out as much information as possible for the services you are offering as Service Provider.

You acknowledge and agree that:

• you must use your best endeavours to provide as much information as possible in any Service Listing;
• Roaming Healthcare may choose not to accept any Service Listing you submit to the Platform, and Roaming Healthcare may limit the number of Service Listings you can submit on the Platform;
• you must deal with any disputes with another User in accordance with clause 12 of Part 1;
• any additional terms and conditions relating to a Service Listing (including prices and payment for services) are solely between Users and do not involve Roaming Healthcare in any way, except that they must not be inconsistent with your obligations under this agreement;
• you grant Roaming Healthcare a licence in accordance with clause 6.2 to use any material in a Service Listing including your intellectual property such as trademarks and testimonials and these are considered Posted Material for the purposes of clause 6 ;
• Roaming Healthcare will have no responsibility for the accuracy, reliability or timeliness of the content provided by a User responding to a Service Listing; and
• you must take all reasonable steps to complete the services as described in every Service Listing that is accepted by a Client, including by not cancelling any part of such a Service Listing.

3. PACKAGES AND FEES

Generally, viewing the Platform and posting Service Listings is free.

• PACKAGES
  • Service Providers can choose to upgrade their Service Listings and services via the Platform (Packages) through the payment of fees (Fees). These Fees may be paid via the Platform or otherwise depending on our current prices and billing process.
  • Details for our Packages will be set out on the Platform.
• SUBSCRIPTION
  • We generally charge Fees for our Packages on a monthly subscription basis. Monthly subscriptions are charged one month in advance for the following month.
  • Unless otherwise agreed in writing, the subscription Fees are due and payable on a monthly basis for the duration of your Package.
  • Your subscription will continue to renew on a monthly basis indefinitely, and you must pay Fees in respect of each monthly period, unless you notify us within 30 days of the expiry of the next month that you want to cancel your subscription. Otherwise, we will continue to charge the subscription Fees. Please ensure you contact us if you want to cancel your Package.
• FAILURE TO PAY
  • If Fees for an Account are not paid when they are due, we may revoke your Account and require payment for you to continue accessing those Services.
  • Roaming Healthcare reserves the right to change or waive Fees at any time by updating this agreement.

4. PAYMENT
   • (Payment obligations) Unless otherwise agreed in writing with us, you must pay for all Services prior to receiving any Services.
   • (Card surcharges) Roaming Healthcare 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).
   • (Online payment partner) Roaming Healthcare 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.
   • You agree to release Roaming Healthcare 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.
   • (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.
5. REFUNDS & CANCELLATIONS
   • Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service before you have fulfilled the requirements of the service the Client requested, you must contact us using the Platform's functionality, including providing details as to why you are cancelling. If Roaming Healthcare decides to investigate your request, you must provide assistance and information to Roaming Healthcare as reasonably requested.
   • You must ensure that your cancellation policy and refund policy in relation to Clients cancelling services is in compliance with all applicable laws.
   • If we accept your request to cancel a service, we may take one or more of the following actions:
     • cancel your Membership with Roaming Healthcare; or
     • require that you pay all or part of any fees charged by you to the Client.
   • You agree to honour and comply with the process set out in this clause 5 in the event of a pricing error on the Platform.
6. BYPASSING
   • You agree that while you are a Service Provider on the Platform, and for one (1) year after you cease using 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 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.
   • Roaming Healthcare 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 6.
7. 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 in the Service Listing they responded to in exchange for payment of the quoted amount in the Service Listing or otherwise agreed with the Client. A contract is formed in this respect when you respond to an email or message on the Platform confirming that you accept the Client's offer.

8. WARRANTIES

By listing yourself as a Service Provider on the Platform and posting a Service Listing, you represent and warrant that:

• you are able to fulfil the requirements of the services specified in the Service Listing;
• you will provide the relevant services to Clients:
  • using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
  • in compliance with all applicable laws, rules, regulations and standards including the NDIS and the Australian Health Practitioner Regulation Agency; and
• any individuals involved in performing the relevant services have not been previously convicted of an indictable offence, and any companies involved in performing the relevant services have no current legal, criminal, civil or administrative proceedings against the company.

• : CLIENTS

1. SERVICE LISTINGS AND FEES

Our Services are free for Clients.

You acknowledge and agree that:

• if you respond to a Service Listing, that will constitute your offer and intention to enter into a contract with the Service Provider; and
• any terms and conditions relating to services or a quote provided via the Platform are solely between you and the Service Provider and do not involve Roaming Healthcare in any way, except that they must not be inconsistent with your obligations under this agreement.

2. CANCELLATIONS
   • Roaming Healthcare will have no liability or obligation to you if a Service Provider cancels a job any time after you have accepted it and you will not be entitled to any compensation from Roaming Healthcare, including any refunds of fees paid to the Service Provider.
   • If you wish to cancel a service before the Service Provider has fulfilled the requirements specified in the Service Listing, you must contact the Service Provider. If Roaming Healthcare decides to investigate your cancellation, you must provide assistance and information to Roaming Healthcare as reasonably requested.
   • If you cancel a service, whether any fees paid to the Service Provider is refundable to you in respect of that service will depend on the cancellation policy and refund policy of the Service Provider.
3. LINKED BUSINESSES

You acknowledge and agree that:

• the Platform provides links and introductions to Service Providers owned and operated by third parties that are not under the control of Roaming Healthcare;
• the provision by Roaming Healthcare of introductions to Service Providers does not imply any endorsement or recommendation by Roaming Healthcare of any Service Provider;
• Roaming Healthcare 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
• any terms and conditions relating to a service, Service Listing or quote provided via the Platform constitute a contract between you and the Service Provider and do not involve Roaming Healthcare in any way.

4. COMMUNICATION OUTSIDE THE PLATFORM
   • 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 the Service Provider's services).
   • Roaming Healthcare, 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 4.