terms & conditions

Please read this Agreement carefully before accessing or using the information and services available through anytimecaring.com.au (the "Site"). By accessing or using the Site, you agree to be bound by the Terms and Conditions below. Anytime Caring may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the modified Agreement on the Site.

Definitions

"Anytime Caring" means The Trustee for the Maisieanna Unit Trust, trading as Anytime Caring Pty Ltd ACN 610 777 609.

"Assignment" means an assignment of the Worker's services to a Client of Anytime Caring to be performed at various work places for varying lengths of time and for varying hours, generally without any regularity or continuity.

"Worker" refers to people or organisations providing domestic assistance on a casual basis from time to time to work on Assignment(s).

"Client" means a Client of Anytime Caring.

"You" consists of users of this site, whether it is a Client of Anytime Caring, Worker or a third party.

Your use of this site

Where Anytime Caring introduces either by mail, telephone or e-mail any Worker/Client for an Assignment then the introductions shall be subject to our Terms and Conditions as applicable. Anytime Caring provides you access to the Site in order to help Workers connect with Clients' of Anytime Caring. Anytime Caring does not provide domestic assistance or participate in the interaction between Workers and its Clients, save and except for, the provision of technology to facilitate the interaction, including the processing of payments on behalf of the Client and Worker.

It is solely up to the Worker to decide whether to accept work from a Client to provide domestic assistance.

It is solely up to the Client to decide whether to engage a Worker to provide domestic assistance.

You must not do any act that we would deem to be inappropriate, unlawful or prohibited by any laws applicable to our Site, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
  • using this Site to defame or libel us, our employees or other individuals;
  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;
  • posting or transmitting to this Site any non-authorised material including, but not limited to, material that is in our opinion, likely to cause annoyance; is defamatory; racist; obscene; threatening or otherwise is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our Site, we have the right to take down this information at our sole discretion and without notice.

Anytime Caring, in its sole discretion, shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site any material that it deems not to comply or to be objectionable for any reason immediately and without prior notice.

Security and Passwords

To become a registered user, you must provide a password and login username. You are entirely responsible for the security and use of your username and password. Your password and username should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any username and/or password.

You hereby authorise Anytime Caring the option to verify your information by disclosing such information to conduct any one or more of the following searches and checks:

  • criminal history checks;
  • motor vehicle record checks;
  • identification verification;
  • credential verification;
  • credit checks; and/or
  • using public records to conduct searches and checks.

Worker's declaration

By registering with this Site the Worker represents and warrants that he or she:

  • is at least 18 years of age;
  • has authority and capacity to enter into this Agreement;
  • is legally allowed to work in Australia;
  • is not prohibited from providing domestic assistance services;
  • has provided information which is true and not misleading;
  • has passed a National Police Check;
  • has passed a Working with Children Check (only if working with children);
  • has the requisite skills and qualifications to be a professional carer;
  • has public liability insurance;
  • has an Australian Business Number (ABN) and an Australian Bank Account.

You understand that as a Worker, the amount and nature of the work provided by Anytime Caring is subject to the demand and requirements of its Clients and Anytime Caring does not guarantee that once registered work will be provided.

As a Worker you acknowledge and accept that when one Assignment ends there cannot be any guarantee of another Assignment.

As a Worker you agree not to discuss with any third party any information gained about a Client in the course of business, and only use personal and health information of Clients in accordance with any applicable law.

As a Worker you will record your hours worked on your online account after each day of each Assignment. You accept and understand that failure to record your hours of work may delay payments due to you.

After each day of each Assignment you agree to invoice Anytime Caring the amount proportionate to the hours worked each and every day of the Assignment. Once Anytime Caring has been invoiced by the Worker, Anytime Caring will attend to charging its Client(s) and once the Client has paid, Anytime Caring will attend to paying the Worker.

As a Worker you acknowledge and accept that nothing in this Agreement is intended to create, between Anytime Caring and yourself, a relationship of employer/employee, partnership, joint venture and/or franchiser-franchisee.

Subject to the Worker being approved by Anytime Caring, Anytime Caring can provide public liability cover. If you are interested in being covered for public liability insurance please contact us.

Providing domestic assistance

The Worker is responsible for all aspects of communicating, screening, selecting and performing domestic assistance services. The Client is responsible for selecting a Worker and he/she must, upon making the decision to use a Worker, contact the Worker through their online account to organise dates and times for an Assignment.

Payment

To book a Worker for an Assignment, the Client will be asked to provide their credit card details. Anytime Caring will only charge the Client's credit card once the Worker has confirmed their hours worked on their online account.

Anytime Caring accepts the following credit cards:

  • Visa
  • MasterCard
  • American Express

If the Client disputes the amount charged on their credit card then it is up to the Client to resolve it with the Worker and not Anytime Caring.

No guarantee of linked websites

Our Site may contain links to websites operated by third parties. We accept no responsibility for, or liability in respect of, the content of third party sites. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites. The use of any such links is entirely at your own risk. Any third parties wishing to link to our Site may do so provided links are to the home page of the Site only and provided that we are notified in advance by email to anytimecaring.com.au.

Third-party disclosures

The personal information that we collect from your use of our Site may be disclosed to third parties. We will not disclose individual names or identifying information. All data will be in aggregate form only. We may disclose that information to third parties as required by law or for the purpose of improving the features that make up our business. If you do not provide this information, we may not be able to provide all of our services to you. Personal data is processed by us in accordance with our Privacy Policy.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this Site and in all of the material (including all text, graphics, logos, audio and software) made available on this Site (Content). Your use of this Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this Site or the Content. However we do grant you a licence to access the Site and view the Content on the Terms and Conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this Site or the Content is prohibited and may result in civil and criminal penalties. You must not copy the Content to any other server, location or support for publication, reproduction or distribution as it is expressly prohibited. All other use, copying or reproduction of this Site, the Content or any part of it is prohibited, except to the extent permitted by law. You are however permitted to make a copy for your own personal use provided you keep intact all copyright and proprietary notices.

Temporary unavailability of this site

Anytime Caring takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance / improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time. Anytime Caring may amend these Terms and Conditions at any time by posting amended Terms and Conditions to the Site.

Liability and Disclaimer

The information on our Site is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our Site, to the extent permitted by law, we make no warranty regarding the information on this Site. You should monitor any changes to the information contained on this Site. We are not liable to you or anyone else if interference with, or damage to, your computer systems occurs in connection with the use of this Site or a linked website. You must take your own precautions to ensure that whatever you select for your use from our Site is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

No liability is accepted by Anytime Caring for any loss or damage which may arise out of any person relying on or using any information on this Site. Anytime Caring shall not be liable to any person relying on or using any such information or the inaccessibility of this Site for:

  • loss of revenue or loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, but not limited to, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or
  • any indirect or consequential loss or damages however caused (including, but not limited to, by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site.

You agree to fully indemnify us against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site.

We do not guarantee that any Client will ask for a Worker's profile information; will interview or hire a Worker; or that any Worker will be available or will meet the needs of any Client. We make no representation or warranty as to the final terms and duration of any Assignment obtained through this Site. Whilst we take all reasonable endeavours to ensure it is the case, we do not guarantee that any Client will keep confidential any Worker's profile information or data that is provided to them.

Worker Disclaimer

The Worker understands and consents that in order to facilitate the finding of an Assignment on their behalf, Anytime Caring may forward their details to its Clients at their sole discretion, and display promotional excerpts from the Worker's details on the anytimecaring.com.au Site. The Worker agrees to comply with the Terms and Conditions of this Site and accept Anytime Caring's right to suspend or cancel their registration immediately, at their reasonable discretion, without liability, if the Worker has breached such Terms and Conditions. Anytime Caring makes no representation or warranty as to the final terms and duration of any Assignment obtained through this Site. The Worker waives any claims against Anytime Caring for failure to find them such Assignments or in relation to the terms or duration of any Assignment. The Worker hereby agrees not to recruit, solicit or contact any Client and/or Worker for purposes other than those disclosed in this Agreement. The Worker agrees not to harass, intimidate or otherwise engage in illegal or offensive behaviour with respect to any other Client and/or Worker.

Client Disclaimer

The Client strictly undertakes that they will treat all Worker data as confidential and not use the anytimecaring.com.au database of Worker profile information for any purpose other than to search for and find Workers to fulfil specific Assignment opportunities. Should the Client use the anytimecaring.com.au database of Worker profiles or other data about individuals derived from the Site for any other purpose, other than that for which they were provided, the Client agrees to indemnify and hold Anytime Caring's Site harmless for any and all liability howsoever arising (to the fullest extent allowed by law) which Anytime Caring may incur. The Client agrees to comply with the Terms and Conditions of this Site and, if breached, accept Anytime Caring's right to suspend or cancel their registration immediately at their reasonable discretion without liability to them.

Termination

We may, at our absolute discretion, deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

1.    We may from time to time conduct due diligence to ensure that you continue to comply with our policies (including safeguarding), share our values and ensure the safety of Users.
2.    We may terminate this agreement and close your Account immediately without notice to you if you:
(a)    breach any term of this agreement;
(b)    engage in conduct towards any third party that we consider is threatening or constitutes harassment, grooming, discrimination or abuse;
(c)    use the site or Services to promote your own or third party products and/or services;
(d)    provide the Services to a User other than through the Site and you know or reasonably ought to know that the User has an Account;
(e)    provide false or misleading information;
(f)    are convicted of a criminal offence other than a traffic offence;
(g)    are engaged in, or are alleged to have engaged in, conduct which we determine (acting reasonably) may have an adverse effect on us or our reputation;
(h)   become insolvent or bankrupt;
(i)    cannot pay your debts as and when they fall due; or
(j)    have proceedings brought against you under any bankruptcy or insolvency law and such proceedings are not discharged or stayed within 15 days.
3.    We may suspend your Account if we have reasonable grounds to believe that any of the events in clause 1 above have occurred.
4.    We may automatically suspend your Account without notice if your service and feedback drops below satisfactory and reinstatement of your Account will be at our sole discretion.
5.    We may terminate this agreement and close your Account immediately on notice in writing for any reason whatsoever.
6.    Your use of the Site and Services is voluntary. You can choose to cease using the Site and Services at any time. If you would like us to close your Account, please notify us in writing.
7.    On termination (for whatever cause):
(a)    your right to use our platform and provide the Services to Users terminates;
(c)    any accrued rights (including to damages) we may be entitled to before termination or which arise from the event of termination will remain in effect.

Entire Agreement

If any provision of these Terms and Conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect. Your use of the Site and downloads from it, and the operation of these Terms and Conditions, shall be governed in accordance with the laws of Australia. The Australian courts shall have exclusive jurisdiction over any dispute arising out of the use of this Site. Anytimecaring.com.au is the Site for The Trustee for the Maisieanna Unit Trust, trading as Anytime Caring Pty Ltd, a company registered in Australia and whose registered office is 93 Glen Osmond Rd, Eastwood, SA, 5063.

In case of any query regarding the information on this Site, please contact us.