Companionship Agreement

Introduction

1.1 When you first sign up to use the Platform, as either a Hero or a Member, you will have accepted either the Hero Terms and Conditions or Member Terms and Conditions (whichever is applicable to your status). These terms and conditions are an agreement between you and HCH containing the terms and conditions governing your use of the Platform. 

This agreement governs the relationship between a Hero and a Member in respect of services provided by a Hero to a Member at the Member’s request.

The terms and conditions of this agreement apply each time a service is provided by a Hero to a Member at the Member’s request.

Reference in this agreement to ‘Hero’ means the person providing Hero Services to a Member and a reference to ‘Member’ means the person receiving the benefit of those services. 

HCH may amend these terms and conditions at any time. HCH will notify the Hero and the Member of the change. Continued use of the HCH platform after such notification will constitute acceptance of the amended terms and conditions. 

Definitions and Interpretation

In these terms and conditions, the definitions have the following meanings:

HCH means Home Care Heroes Pty Ltd (ABN: 30 609 427 349).

Hero Services means the non-medical care and companionship services which the Hero promotes and provides to the Member. 

Law means any Commonwealth, State, Territory or local government legislation in force in Australia.

Service Fee means the fee charged by a Hero to a Member for that Hero’s Services.

In these terms and conditions, unless the context otherwise requires:

words denoting any gender include all genders;

headings are for convenience only and do not affect interpretation;

the singular includes the plural and vice versa;

a reference to a party includes its successors and permitted assigns;

a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and

a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them. 

Obligations

The Hero promises to the Member that the Hero will: 

behave in a manner that is consistent with HCH’s Hero Standards Guide; and [https://intercom.help/home-care-heroes/frequently-asked-questions/member-standards-guide-code-of-conduct]

provide the Hero Services with reasonable care and in accordance with all applicable Laws.

The Member promises to the Hero that the Member will:

behave in a manner that is consistent with HCH’s Member Standards Guide [https://intercom.help/home-care-heroes/frequently-asked-questions/member-standards-guide-code-of-conduct]; and

comply with all applicable Laws when receiving the Hero Services.

All arrangements for the provision of Hero Services by the Hero to the Member must be undertaken through the Platform.

Any information provided by the Hero to the Member or the Member to the Hero that is of a private or confidential nature must be kept secret by the recipient.

Bookings

The Hero may decline a booking for the Hero Services if the Member’s needs change and/or the Hero is not confident they can continue to provide the Hero Services to the Member. 

The Hero will give as much notice as they can if an event occurs (beyond their control) that prevents them from providing Hero Services in accordance with a booking. 

Fees

In return for the Hero providing the Hero Services to the Member, HCH as agent for the Hero will invoice the Member the agreed fee for the Hero Services provided which fee will be payable by the Member within 30 days.  

HCH will collect, as agent for the Hero, the Service Fee paid for the Hero Services provided by the Hero to the Member. 

General

As a reminder:

the Hero has the benefit of a limited liability insurance policy established by HCH for the benefit of its Heroes. 

Members are encouraged to obtain their own insurance to provide cover in respect of any liability arising from:

damage to the Member’s property whether or not caused by a Hero; and

death of or injury to any person at the Member’s property whether or not caused by a Hero. 

Except as expressly provided to the contrary in this agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent (ii) employer and employee.

These terms and conditions (and any document incorporated by reference in it) records the entire agreement between the Hero and the Member in relation to the provision of Hero Services by the Hero to the Member. 

These terms and conditions are governed by the laws of the State of New South Wales. 

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