Terms of Use

Welcome to the www.careseekers.com.au ("Website"). Please take a few minutes to review these Terms of Use. The Terms of Use describe your rights and responsibilities and what you can expect from Careseekers Pty Ltd ACN 169 299 567 (“Careseekers”, "us", "we" or "our") and our exclusions and limitations of liability to you.

By using the Website, or the services offered on the Website (“Services”), you agree to be bound by these Terms of Use. These Terms of Use also apply to any activity in which you engage as a result of your use of the Website or the Services, including the provision of care to third parties regardless of location (“Activities”).

Careseekers reserves the right to add to, delete or change these Terms of Use at any time by providing you 10 business days’ notice. You will be deemed to have accepted such changes by continuing to use the Services or participate in the Activities. As such, you should check these Terms of Use regularly for such changes. If you do not agree to these Terms of Use or any changes made by Careseekers, you must immediately inform Careseekers, immediately stop using the Services and consult with Careseekers about arrangements to stop performing the Activities as soon as practicable.

Careseekers provides an online platform directly connecting people needing care and support workers to care and support workers.

  1. Membership - registration and eligibility
    1. In order for us to provide you with our Services, you must register and become a member of the Website (“Member”).
    2. Registration involves setting up an account on the Website. Once you have set up an account you will have a user profile on the Website.
    3. By becoming a Member you represent and warrant that:
      • the information you provide is accurate, complete and up-to- date and you will inform us of any changes to that information;
      • you will engage with other Members in accordance with all applicable laws, industry codes and standards.
    4. If you are a care or support worker and register to become a Member you represent and warrant that:
      • you are over the age of 17;
      • you have 100 points of ID. For a list of acceptable ID documents click here;
      • you can supply two referees;
      • you have obtained a National Police Check in the last 12 months and can produce the National Police Check Certificate on request;
      • the results of your National Police Check are in accordance with Careseekers Police Check Policy.
      • You are legally authorised to work in Australia; and
      • you will create and maintain only one profile on the Website at all times.
    5. We reserve the right to accept or refuse any application to use the Services in our sole discretion.
    6. All personal information you provide to us will be treated in accordance with our Privacy Policy.
  2. Our Service
    1. Careseekers provides a platform through which Members looking for care or support workers can directly engage with Members who provide care and support services (“care or support workers”).
    2. Careseekers is not an in-home care or employment agency.
    3. Careseekers does not employ or contract care or support workers.
    4. You acknowledge that there is no employment, independent contractor or agency relationship between yourself, or anyone you represent or work for, and Careseekers. This acknowledgement does not affect the contractual relationship between you and Careseekers solely for the purposes of these Terms of Use.
    5. Careseekers is not a party to any contract made between Members looking to engage care or support workers and the care or support workers.
    6. Outside of our Concierge Service, see section 3 below for details, the role of Careseekers is to:
      • Upload to the Website job posts placed by Members looking for care or support workers
      • Upload to the Website profiles of care and support workers
      • facilitate online communication, only through our messaging system, between Members looking for care or support workers and care or support workers.
      • Facilitate online payments through CarePay.
    7. Careseekers relies the information provided by members to perform these roles.
    8. Outside of our Concierge Service, Careseekers does not:
      • Provide or arrange for care or support workers to provide care and support services.
      • Participate in the interaction between members, except to provide the platform and technology related support to use the platform.
      • Involve ourselves in the terms of engagement between members or the regulation of their engagement with each other.
    9. In no circumstances does Careseekers have control over, or responsibility for, the acts or omissions of Members.
    10. Members seeking care or support workers are solely responsible for the selection and recruitment process including compliance with all applicable State, Territory and Federal laws.
    11. While we place restrictions on the conduct and use of the Services, it is possible that some Members may not comply with these Terms of Use. We encourage all Members to be cautious when interacting with other users and strongly advise that you familiarise yourself with our FAQs.
    12. You understand that the Services are provided “as is” and “as available”. We do not represent or warrant that:
      • the content on the Website or information provided by any Member is accurate, complete or current;
      • a suitable match will be found using the Services;
      • your access will be uninterrupted or error free.
    13. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. We reserve the right to change or withdraw the Services at any time. If we do, we will post the details on the Website.
  3. Concierge services
    1. Using our Concierge Service, we will provide you with:
      • a shortlist of potential care workers selected by our Care Team;
      • a summary of reference checks for shortlisted care or support workers; and
      • contact details of the shortlisted care or support workers.
    2. We will provide you with a list of additional care or support workers at no cost if:
      • you have contacted each care or support worker on the shortlist within three weeks of the date we first provide you with the shortlist; and
      • you do not deem suitable any of the care or support workers on the short list.
      • the arrangement between you and the care or support worker ends within one month commencement.
    3. If the care or support worker is unable to provide services on a particular day(s) it is your responsibility to find a replacement. You may contact the other care or support worker(s) on the list provided to you as part of the Concierge Service. Careseekers can assist you to find a replacement care or support worker for an additional fee.
    4. No refunds will be given for the Concierge Services.
  4. Termination and suspension
    1. You may delete your account for any reason by contacting us via the Contact Us page or sending an email to info@careseekers.com.au and letting us know you wish to delete your account.
    2. Care and support workers may hide their prolife for any reason. Once hidden, your profile is not visible on the Website. A hidden profile can be reactivated at any time.
    3. We reserve the right to, without limitation and in our sole discretion, do any or all of the following in relation to your membership:
      • suspend your membership;
      • permanently or temporarily hide all or part of your profile;
      • modify your profile;
      • terminate your membership for any reason by providing notice to you by email;
      • terminate your membership immediately without notice to you if you have committed a breach of these Terms of Use;
      • deactivate your membership if you have not used the Website for a period of 12 months or more (from the date of last use);
      • permanently or temporarily block your access to all or part of the Website.
    4. In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
  5. Conduct
    1. It is your responsibility to conduct yourself appropriately on the Website and exercise caution when connecting with other Members. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your public profile.
    2. Careseekers has a Code of conduct for Members connecting through the platform. Failure to adhere to this Code of Conduct may result in termination of your membership. See Code of Conduct.
    3. To help ensure a safe online environment, Careseekers reserves the right, but is not obliged to remove, edit, refuse to post or review any content it deems inappropriate or out of date.
    4. Where you have obtained personal information from another Member, including phone numbers, email addresses, addresses, and are no longer using this information for the purposes set out in the Website, you must return or destroy this information and upon request by Careseekers warrant to Careseekers that you have done so.
  6. Content
    1. Any images, sounds, or text (content) that you transmit or post on the Website, or otherwise transmit to any other Member by any other means, must be complete and accurate.
    2. You agree not to post or transmit or otherwise transmit to any other Member by any other means, content that:
      • is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
      • is false or misleading in any way;
      • infringes the rights (including intellectual property rights) of any third party;
      • you do not have a right to make available under any law or contractual obligation;
      • promotes, or provides information about, illegal activities or conduct, including content that is sexually explicit or contains sexual references / innuendo;
      • contains restricted or password only access pages, or hidden content;
      • contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
      • promotes any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
      • impersonates another person or entity;
      • promotes racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
      • exploits any person under the age of 18, or to solicit information from anyone under 18; or
      • solicits money, passwords or personal information from any person.
    3. You are solely responsible for content that you transmit or post on the Website, or otherwise transmit to any Member.
  7. Use of the Website and prohibited activities
    1. You agree not to:
      • use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
      • "frame" or "mirror" any part of the Website without our prior written authorisation;
      • use code or other devices containing any reference to the Website or Careseekers to direct other persons to any other web page;
      • modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
    2. We have no obligation to monitor your use of the Website.
  8. Exclusion of liability
    1. To the extent permitted by law, we exclude:
      • all conditions, terms, representations and warranties other than those expressly set out in these Terms of Use; and
      • all liability whatsoever for any costs, expenses, damages, liabilities or losses (both direct and indirect) arising in connection with your dealings with Members or your use of the Services or the Website.
    2. Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the Services (or equivalent services) again or the payment of the cost of having the Services supplied again.
    3. To the extent that our liability cannot be excluded:
      • you agree to indemnify Careseekers against all claims for loss or damage or any other liability whatsoever arising out of your use of the Services or the Website or breach of these Terms of Use;
      • you release and hold us harmless in connection with any dealings with any Member, including the acts, omissions or representations of any Member or any dispute with, or claim against, any Member; and
      • to the extent permitted by law, our maximum liability to you will be limited to the lesser of the total amount paid by you (if any) for any chargeable service or feature on the Website or $500.
  9. No third party beneficiaries
    1. You understand and agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to thess Terms of Use.
  10. Intellectual property
    1. All copyright, images, logos, text, trade marks, content and any other intellectual property rights in the Website, including Careseekers’ trade marks and logo is the property of Careseekers and must not be used in any way without our prior written consent.
    2. You own all rights, title and interest to the content that you submit or post on the Website.
    3. You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content for any purpose. You warrant that you have the right to grant us such rights.
  11. Security
    1. You are responsible for maintaining the confidentiality and security of your account including your username/email address and password and you further acknowledge and agree that you will not disclose these details to any person not duly authorised by you.
    2. You are solely responsible for all activities that occur on your account and under your username/email address and password.
    3. You must immediately notify us of any unauthorised use of your account, username/email address or password.
    4. We may at any time request a form of identification to verify your identity and/or your compliance with these Terms of Use.
  12. Other activities and third party websites
    1. From time to time, we may promote, or advertise events, offers, products, services or other activities that may be conducted offline and may be conducted by third parties. These events, products, services or other activities may be subject to separate Terms of Use. You acknowledge that you participate in any of these activities entirely at your own risk.
    2. The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave our Website entirely at your own risk.
  13. Promotional offers
    1. We may run promotional offers on the Website from time to time.
    2. The terms of any such promotion will be posted on the Website.
    3. We have the sole discretion to establish and modify the terms of these offers and end any such offer at any time.
  14. Fees
    1. Joining Careseekers as a care or support worker is free.
    2. Fees may be charged for other services we offer to care or support workers. These services and applicable fees will be set out on the Website or in our communications with you.

      To become a Member of Careseekers for the purpose of engaging a care or support worker you must post a job. For individuals or family members, the first job post is free. Subsequent job posts cost $19.95. Businesses or organisations posting jobs will be charged in accordance with our organisation pricing model.
    3. Fees for our Concierge Service can be found on the Website.
    4. We reserve the right to change the fees at any time on 10 business days’ notice to you.
    5. You will not be entitled to any refund of payments for chargeable services or features.
  15. Carepay
    1. CarePay is Careseekers secure online payment system.
    2. By using CarePay you agree to pay the CarePay fees.
    3. These fees will be automatically charged as part of CarePay transactions and reflected in the associated invoices and remittances.
    4. CarePay requires Members to provide:
      • Bank account and/or credit card details. These details are entered through the Website however they are not stored on the Website. Rather these details are stored with our third party payment processing partners Stripe and POLi Payments.

        If the person responsible for making the payment to the care or support worker is not the same as the Member, the Member must provide the contact details of this person or organisation. We will contact this person or organisation so that the correct bank account details can be added to the CarePay system.

        If your existing nominated bank account or credit card is cancelled, suspended or is otherwise not usable, you must immediately provide Careseekers with details for an alternative nominated bank account or credit card which can be used.
      • Details of the care and support provided including date services were provided, hours worked and hourly rate (GST inclusive). This payment rate is inclusive of GST.

        These details will be provided by the care or support worker and included on the invoices generated by us. An invoice will be given to the Member who engaged the care or support worker, or other party responsible for payment, through the CarePay system.
    5. The Member who engaged the care or support worker must review the invoice, and if correct, is required to immediately approve or approve/pay the invoice.
    6. The Member is deemed to have approved the invoice by not rejecting the invoice within the expiration of a review period (currently 7 days), after which time Careseekers Pty Ltd will accept the invoice as being approved by the Member.
    7. Careseekers reserves the right to correct any errors in the payment of CarePay fees even if payment has already requested and/or received.
    8. Careseekers is not responsible for, and will not reimburse any fees incurred by any Members from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed through CarePay.
    9. Careseekers reserves the right, at any time, to modify its fees and or billing method.
  16. Banks account details
    1. Each Member is solely responsible for the accuracy of the bank account or credit card details that it provides to Careseekers, including the bank account number and BSB number, or the credit card details.
    2. Careseekers expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by Members.
  17. Third party payment processing services
    1. Careseekers uses Stripe and POLi Payments to store and process bank account information and payments.
    2. Careseekers expressly disclaims any and all liability for any claims or damages related to our use of third party payment processing services and such transfers, including without limitation any damage that may result should any such information be released to any third parties.
  18. Insurance
    1. Careseekers has worked with CGU to put in place a $10 million Public Liability Insurance Policy for care and support workers who are paid via CarePay. The insurer is CGU.
    2. The Public Liability Insurance provided by Careseekers does not cover care and support workers who are not paid via CarePay.
    3. Information about this Public Liability Insurance policy is available on our website. You should read the insurance policy’s product disclosure statement carefully and consider how the insurance policy applies to your circumstances. For more detailed information please contact us to be put in contact with the insurer.
    4. All care and support workers, including those paid via CarePay, are responsible for their own personal accident and injury insurance.
    5. In the event of an insurance claim, care and support workers will be liable for the policy excess, which is generally $500 and $1,000 for molestation claims and errors or omissions.
  19. Disputes and grievances
    1. Careseekers does not get involved in disputes between Members. However please inform us of complaints as if they are a breach of our code of conduct we may take action in accordance with our Dispute and Grievance policy. For details of our Disputes and Grievances policy please contact us info@careseekers.com.au
  20. General
    1. Any failure by Careseekers at any time to enforce these Terms of Use or any of its rights will not be a waiver of such rights, or affect the validity of these Terms of Use. If any clause or part of a clause of these Terms of Use is not valid or enforceable it will be severed and the remainder of these Terms of Use will continue to have full force and effect.
    2. These Terms of Use are governed by the laws in force in the state of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales to determine any dispute concerning these Terms of Use.
    3. If you have any questions or concerns, email us info@careseekers.com.au.

Terms of service were last revised 10 November 2018.