Terms & Conditions
Welcome to www.carever.com.au and its associated CAREVER APP (the 'Carever'). Carever provides an online Platform to enable Customer User to publish Posted Tasks and Carer User to provide assisted living services to Customer User (the 'Services').
The Website is owned and operated by OMO Care Services PTY. LTD. (ACN 629 980 801, “OMO”) .Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website and/or the APP, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, the APP and its associated services, immediately.
OMO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When OMO updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by the Website in the user interface.
Subscription to use the Services
In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee'). However Carever may grant free trial period for Users. There is no charge for a Customer User to post tasks, or for other Carever Users to review content on the Carever Platform, including Posted Tasks.
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ' Account').
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Mailing address
- Telephone number
- Real name& ID proof etc.
You warrant that any information you give to Carever in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered user of the Website and the APP ('User', can be either Customer User or Carer User) and agree to be bound by the Terms. As a User you will be granted immediate access to the services from the time you have completed the registration process until the subscription period expires (the'Subscription Period' ).
You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with Carever; or
- you are a person barred from receiving or rendering the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a User
As a User, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
i. the Terms; and
ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Carever of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Carever providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Carever;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Carever for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- You agree that any information posted on the Carever platform must not, in any way whatsoever, be potentially or actually harmful to Carever or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Carever.
- If You are a Carer User, you must have the right to provide Services under a Task Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment (including Carer User Funds) received under a Task Contract.
- For the proper operation of the Carever Platform (including insurance, proper pricing and compliance with Policies), the Carer User must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Task Contract, then that third party must also be a registered User of the Carever Platform.
- You must not, when supplying Services, charge a Customer User any fees on top of the Carer User Funds. However, the parties to a Task Contract may agree to amend the Agreed Price through the Carever Platform.
- Carever accepts no liability for any aspect of the Customer User and Carer User interaction, including but not limited to the description, performance or delivery of Services.
- Carever has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Carer Users to perform tasks or supply items, or the honesty or accuracy of any information provided by Customer Users or the Customer Users' ability to pay for the Services requested.
- Carever has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.
VERIFICATION & BADGES
Carever may use Identity Verification Services.
You agree that Carever Identity Verification Services may not be fully accurate as all Carever Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
You are solely responsible for identity verification and Carever accepts no responsibility for any use that is made of an Carever Identity Verification Service.
Carever Identity Verification Services may be modified at any time.
The Carever Platform may also include a User-initiated feedback system to help evaluate Users.
Carever may make Badges available to Carer Users. The available Badge can be requested by the Carer User via the Carever Platform, and arranged on behalf of the Carer User and issued by Carever, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Carer User and determined by Carever or a third party verifier which shall be governed by its terms.
You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Task Contract, you do so aware of this limitation. You should seek to verify any Badge with the Carer User prior to commencing the task.
It remains the Carer User's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Carever immediately if a Badge is no longer valid.
Carever may, at its discretion, issue Badges to Carer Users for a fee.
The issue of a Badge to a Carer User remains in the control of Carever and the display and use of a Badge is licensed to the Carer User for use on the Carever Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Carever Platform.
Carever retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Carever.
Fees and Payments
Where the option is given to you, you may make payment of the Subscription Fee and Transaction Fee by way of:
- Electronic funds transfer(' EFT') into our nominated bank account
- Credit Card Payment ('Credit Card')
- PayPal ('PayPal')
- WeChat Pay
All payments made in the course of your use of the Services are made using one of the payment methods listed above. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the respective payment method’s terms and conditions which are available on their website.
Upon the creation of a Task Contract, the Carer User and Customer User each owes Carever the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price between Carer User and Customer User and held in the Payment Account.
Service Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
All Fees and charges payable to Carever are non-cancellable and non-refundable, save for Your rights under any Non-Excludable Conditions.
If Carever introduces a new service on the Carever Platform, the Fees applying to that service will be payable as from the launch of the service
You acknowledge and agree that where a request for the payment of the Subscription Fee or Service Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Carever can vary the Subscription Fee and Service Fee at any time, and that the varied Subscription Feewill come into effect following the conclusion of the existing Subscription Period.
Carever will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the management of Carever makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the User (the 'Refund').
If the Task Contract is cancelled for any reason (by a Customer User, a Carer User or under this Terms) prior to the commencement of the Task Contract, then if Carever is reasonably satisfied that the Agreed Price should be returned to the Customer User then the Agreed Price will be refunded to the Customer User through its original payment method and a Cancellation Admin Fee will be due to Carever by the User who the cancellation of the Task Contract is attributable to under clause 7.4 or 7.5.
Any amount returned by Carever to a Customer User on behalf of a Carer User under clause 7.2 will be a debt owed by the Carer User to Carever and may be offset by Carever against any other payments owed at any time to the Carer User.
Cancellation of a Task Contract will be attributable to the Carer User where:
- the Customer User and the Carer User mutually agree to cancel the Task Contract;
- following reasonable but unsuccessful attempts by a Customer User to contact a Carer User to perform the Task Contract, the Task Contract is cancelled by the Customer User;
- the Carer User cancels the Task Contract;
- a Task Contract is cancelled as a result of the Carer User’s actions or breach under the Terms.
A Cancellation of a Task Contract will be attributable to a Customer User where:
- the Customer User cancels the Task Contract (other than in accordance with clause )
- a Task Contract is cancelled as a result of the Customer User’s actions or breach under the Terms.
If the parties agree to any additional cancellation fee payable under the Task Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
Carever may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Customer User.
If the Task Contract is cancelled and a User who is party to the Task Contract can show that work under a Task Contract was commenced, then the amount of the Agreed Price to be returned to the Customer User will be conditional upon the mediation and dispute process. However, the Cancellation Admin Fee will always be due in accordance with clause 7.2.
Any outstanding Cancellation Admin Fee owed by a User under clause 7.2 will be a debt owed by that User to Carever and may also be offset by Carever against any other payments owed at any time to the User.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Carever are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by OMO or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by OMO, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device's cache memory; and
- print pages from the Website for your own personal and non-commercial use.
OMO not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OMO.
OMO retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright,
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
You may not, without the prior written permission of OMO and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Carever will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Carever make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Carever) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- he accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of Carever; and
- the Services or operation in respect to links which are provided for your convenience.
12. Limitation of liability
OMO (trading as Carever)'s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that OMO, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Carever as set out below.
If you want to terminate the Terms, you may do so by:
- Not renewing the expired subscription of services;
- providing Carever with 1 month’s notice of your intention to terminate the subscription and agreeing to forfeit unused subscription fees paid; and
- closing your accounts for all of the services which you use, where Caerever has made this option available to you.
Your notice should be sent, in writing, to Carever via the 'Contact Us' link on our homepage.
Carever may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- Carever is required to do so by law;
- the provision of the Services to you by Carever is, in the opinion of Carever, no longer commercially viable.
Subject to local applicable laws, Carever reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Carever's brand name or reputation or violates the rights of those of another party.
You agree to indemnify OMO, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content or conduct;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
General Dispute Resolution Guidelines1.1 Carever encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Carever may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute
If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
Carever may elect to assist Users resolve disputes. Any User may refer a dispute to Carever. You must co-operate with any investigation undertaken by Carever. Carever reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Carever's determination in an applicable court or tribunal.
Carever has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
If Carever provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Carever for any costs, losses or liabilities incurred by Carever in relation to any claims relating to any other use of information not permitted by this Agreement.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within 5 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 5 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in OMO office or other venues that suit the parties, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Termination of Mediation
If 1 month have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Carever is intended to be viewed by residents of Australia initially. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Terms may be assigned or novated by Carever to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Terms.
The Terms set out the entire understanding and agreement between the Users and Carever with respect to its subject matter.
March 2020 copyright Carever 2020