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User Agreement

FOR LIFE USER AGREEMENT

Welcome to For Life.

For Life Pty Ltd ACN 149 645 885 owns and operates the For Life Online Platform on www.forlife.com.au (“For Life”, “we”, “our” or “us”), to provide an online community whereby Customers and Providers can engage with each other and independently agree to and organise a range of support and care services.

 Should you use this Site, you are agreeing to comply with and be bound by the following terms and conditions of use and our other Policies, which together, govern our relationship with you in connection with this Site. Should you not agree with any of these terms and conditions, you are not permitted to use our Site.

  1. Definitions
    1. Account means a profile registered with For Life.
    2. Account Credentials means the selected unique user name and password chosen by a User when setting up an Account;
    3. Account Delegate means Users who are authorised to manage the account of Customers on their behalf.
    4. Code of Conduct means the code of conduct published on the Site, as amended from time to time and can be accessed here.
    5. Content means any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Site.
    6. Customers or For Life Customer means Users who register an Account to obtain care and support services available on our Site.
    7. Customer Fee means the fees charged to a Customer by us for the use of our Services, as per our Payment Terms and these terms.
    8. Disclaimer means the disclaimer published on the Site, as amended from time to time and can be accessed here .
    9. For Life means both For Life Pty Ltd ACN 149 645 885 and the For Life online platform
    10. Payment Terms mean the terms published on the Site relating to payment for the use of the Services, as amended from time to time and can be accessed here .
    11. Policies mean the Privacy Policy, Code of Conduct, Payment Terms, Disclaimer and any other terms or conditions published on the Site relating to access to the Site and use of the Services, as amended from time to time.
    12. Privacy Policy means our privacy policy published on the Site, as amended from time to time and can be accessed here .
    13. Providers or For Life Providers means Users who register an Account on our Site to deliver care and support services to Customers (such as support workers, health professionals and more).
    14. Provider Fee means the fees charged to a Provider by us for the use of our Services, as per our Payment Terms and these terms.
    15. Related Body Corporates has the same meaning given in Section 9 of the Corporations Act 2001 (Cth).
    16. Services means the services, including our various websites, APIs, email notifications, applications, buttons and widgets on this Site.
    17. Site means the For Life website located at www.forlife.com.au.
    18. Users means any person who accesses, registers and or logs onto our Site, including Account Delegates, Customers, Providers and Visitors.
    19. User Agreement means this agreement, together with the other Policies published on the Site, governing access to the Site and use of the Services offered by us, as amended from time to time.
    20. Visitors means Users who access our Site but do not create an Account as a Customer or Provider.
  2. Terms of use
    1. Please read the terms of this User Agreement set forth below, as they apply to your access and use of our Services, and Content. Your access to and use of the Services signifies your acceptance of this User Agreement, your agreement to be bound by them and any and all other applicable terms or policies referenced herein absolutely.
    2. This agreement incorporates all Policies available on our Site which are implemented and/or amended by For Life from time to time – all of which constitute the entire agreement between you and For Life. Your continued use of our Services following any such amendments will be deemed to be confirmation that you accept those amendments.
    3. To contact us or to advise of any violations of the agreement, please write to: support@forlife.com.au
  3. Other applicable terms
    1. You acknowledge that the terms of this User Agreement refer to the additional terms in our Privacy Policy, which also apply to your use of our Services.
    2. Our Privacy Policy sets out the terms on which we collect, store, process, use or disclose any personal data we collect from you, or that you provide to us. By using our Services, you consent to such collection, storage, processing, use or disclosure and you warrant that all data provided by you is accurate. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Australia for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages.
    3. You also acknowledge that the terms of our other Policies apply to the access and use of the Services.
  4. Information about us
    1. The Services are provided and operated by For Life Pty Ltd. We are a private company limited by shares registered in Australia with Australian Company Number (ACN) 149 645 885 and have our registered office at 18 Honeygem Place, Birkdale, Queensland 4158.
  5. Changes to our services
    1. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and not be able to provide you with prior notice of such. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
    2. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our Site is accurate, complete or up to date.
  6. Accessing our services
    1. A User who wishes to use our Services will need to register an Account. When setting up an Account you will need to provide specific information and select Account Credentials.
    2. When accessing and using our Services, you agree to the following:
      1. You warrant that all information on your Account is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep the information true, accurate, current and complete.
      2. You will not share or transfer your Account Credentials with any person, other than a nominated Account Delegate where applicable.
      3. You are solely responsible for:
        1. the use and maintenance of the confidentiality of your Account Credentials; and
        2. the use of your account and all activities that occur on your account.
      4. You agree not to create more than one account for the use of the Services.
      5. You may only use our Services for lawful purposes and in a manner consistent with the nature and purpose of the Services.
      6. Unauthorised use of our Services may be a criminal offence and/or give rise to a claim for damages.
      7. Your use of our Services and any dispute arising out of your use of it is subject to the laws of Queensland.
      8. For Life has no control over and is not responsible for the acts or omissions of any Users on or off the Site.
      9. For Life is not liable for any injury, loss or damage suffered by the Customer or Provider in the provision of the care and support services agreed to between them and you agree to indemnify and keep indemnified For Life against any claims relating to any such injury, loss or damage.
      10. For Life makes no representation or warranty regarding the quality of any care or support services or any other services provided by any Provider.
      11. For Life may, but are not obligated to, deactivate, suspend and/or remove any Accounts or Content from our Site, where we determine or suspect that Content or Accounts, violate the terms of this User Agreement.
      12. For Life take no responsibility for your exposure to Content on our Site and or through the Services whether or not it violates the terms of this User Agreement.
      13. For Life is not responsible for the accuracy or reliability of any information provided by any User on or off the Site.
      14. For Life takes no responsibility and has no obligation in contract or duty of care to manage or involve itself in any interactions between Users or in respect of any contract negotiated or formed between Users.
      15. You are responsible for making your own decision regarding the Users that you engage with using our Site.
      16. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on our Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
      17. Your use of any information or materials on our Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, Services or Content available through our Site meet your specific requirements.
      18. You will fully indemnify and hold harmless For Life and For Life’s Related Body Corporates, third-parties and our respective officers, directors, agents, contractors, employees and personnel from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of our Site and Services.
      19. Our Site may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites the products or services provided at those sites or by the organisations promoting those sites. We have no control over the nature, content and availability of those websites.
      20. In no event will we be liable for any, injury, loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of our Services.
      21. Every effort is made to keep our Services up and running smoothly. However, we take no responsibility for, and will not be liable for, our Site or Services being temporarily or permanently unavailable due to any technical issues.
  7. Conflicts and or disputes
    1. Conflicts and/or disputes between Users of our Services must be resolved directly between the affected Users.
    2. We are not obliged to have any involvement in any dispute between Users, except as required by law. If a concern or complaint is raised with us, it is at our absolute discretion what action, if any, we decide to take. We reserve the right to notify an appropriate authority or regulator in order to protect the interests of our Users and you accept that this overrides any confidentiality obligations, whether express or implied, we have to you.
    3. If the dispute or conflict is between a User and For Life then our goal is to address the concerns and  provide you with a means of resolving the dispute quickly.
    4. For Life may elect to resolve any claim or allegation in a cost-effective manner through binding non-appearance-based arbitration commenced through an alternative dispute resolution (ADR) provider. Should this course of action be elected, For Life will provide a list of ADR providers to you whereupon you will select one for use.
    5. In a situation set out in clauses 7.3 and 7.4, you agree to cooperate with us to resolve the dispute or conflict quickly and efficiently.
  8. Contractual relationships
    1. Users of our Services must act in good faith towards For Life and must not do anything contrary to the interests of For Life.
    2. For Life is not an employment service or agency and as a User you acknowledge you are not legally affiliated with For Life.
    3. For Life does not employ or contract directly with Providers.
    4. For Life only provides the technology upon which Providers and Customers can interact and the technology to facilitate payment for care and support services.
    5. For Life is not a party to the contract between the Provider and the Customer. It is the responsibility of the Customer to communicate clearly and accurately with the Provider and for the Provider to charge for the care and support services at the agreed hourly rate.
    6. The Provider is liable for all acts or omissions in the provision of care and support services to Customers.
    7. The Customer and or Account Delegate is liable for all acts or omissions in the receipt of the care and support services from a Provider.
    8. After a Customer accepts a Provider’s rate card, the contracting and engagement of the Provider by the Customer will commence. At which point For Life will ensure information required to complete the agreement will be released to each respective party.
    9. Providers and Customers contract directly with each other and For Life does not involve itself in the terms of that agreement.
    10. Users of our Services permit For Life to prepare and issues invoices on behalf of the Provider containing For Life’s bank account details for payment  and to submit these for payment on a weekly or fortnightly basis pursuant to the payment method selected by the Customer.
    11. By using our Services, you understand and expressly agree that you will both observe and comply will all legislation and regulations pertaining to the engagement of a Provider for care and support services and the provision of those services to a Customer.
    12. All Users agree to the terms included in the other Policies which form part of this User Agreement.
  9. Providers - payments
    1. When registering as a User of our Services, a Provider agrees to pay:
      1. insurance premiums or the excess of such premiums as agreed for the use of our Services;
      2. costs for any additional ‘opt-in’ services; and
      3. the Provider Fee.
    2. A Provider agrees to provide and authorises For Life to use for depositing purposes, the following information in connection with the payment process:
      1. Type of care or support service the Provider is qualified to deliver and thus has agreed with the Customer to deliver;
      2. Personal information; and
      3. Bank name, account name, account number, bank BSB number, bank account type.
    3. The Provider agrees that:
      1. For Life will issue invoices to Customers and such invoices will direct the Customer to make payment into For Life’s nominated account;
      2. For Life has no control over whether a Customer pays an invoice submitted by For Life on behalf of a Provider; and
      3. For Life takes no responsibility for ultimate payment to a Provider or debt collection from a Customer.
  10. Customers - payments
    1. When registering as a User of our Services, a Customer agrees to pay:
      1. The total fee for care and support services arranged through the Site as invoiced to a Customer by For Life, on behalf of the Provider; and
      2. The Customer Fee.
    2. A Customer agrees to provide and authorises For Life to use for debiting, the following information in connection with the payment process:
      1. Type of care or support service agreed to with the Provider;
      2. National Disability Insurance Scheme or Aged Care account information if opting to use funding packages;
      3. Personal and household information; and
      4. Bank name, account name, account number, bank BSB number, bank account type; and/or
      5. Credit card or debit card details.
  11. Insurance
    1. For Life has engaged with Vero Insurance Australia, Lloyds of London and TIC Insurance Brokers to make insurance covers available to Providers for care and support services which are organised and invoiced through For Life.
    2. The cost of the insurance is covered by For Life as part of the Provider Fee.
    3. The cover only applies once a Provider has completed all aspects of their Account and have been approved by For Life.
    4. Should a claim arise, the Provider will be liable for the excess amounts of the policy which can be up to $3,000.00. The Provider agreed to pay any excess amounts of the Policy.
    5. The Provider agrees:
      1. to make their own enquires as to the adequacy of this insurance;
      2. that For Life is not liable to the Provider if such insurance is not adequate.
  12. Registration eligibility
    1. By using our Services, you represent and warrant that:
      1. As a Customer
        1. You are at least 18 years of age
      2. As an Account Delegate
        1. You are at least 18 years of age, though may be operating an account for someone younger than 18 years of age; and
        2. You have the authority to represent such a third party as their Account Delegate and bind the third party to this User Agreement.
      3. As a Provider
        1. You are at least 18 years of age;
        2. You are and will continue to be an Australian citizen and/or a person legally authorised to work within Australia; and
        3. You have the necessary qualification and experience to provide care services to Customers.
      4. For all Users of our Services
        1. You have the authority, capacity and right to enter into this User Agreement; and
        2. You, nor anyone within your household, has been:
          1. The subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offence; and/or
          2. or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
    2. For Life may make use of verification systems and services owned and operate by third parties in order to independently verify Users of our Services, these include, but are not limited to:
      1. Credential verification;
      2. Police checks
      3. Motor vehicle record checks
      4. Credit checks
      5. Identification checks
      6. Searches of publicly available records

      For Life may also conduct reference and other checks on a Providers qualifications, experience and work history.

    3. You understand and agree that For Life does not assume responsibility nor have any control over the reliability or accuracy of any information provided by any third party verification service.
  13. Indemnification
    1. Each and every User will hold harmless, indemnify and keep For Life indemnified against any liability arising from or connected with:
      1. any act or omission of another User, whether they are a Customer, Provider, Account Delegate or Visitors; and
      2. any representation made by For Life whether relying on the warranties of Users in this User Agreement or not.
    2. Each and every User indemnifies, defends and holds For Life and its Related Body Corporates, directors, officers, employees, contractors, agents and personnel harmless from and against any and all claims, liabilities, demands, proceedings, losses, costs, expenses, fees (including attorneys’ fees and court costs on a full indemnity basis) and damages (actual, special and consequential) of every kind and nature, known and unknown, made by any person due to or arising out of:
      1. Your breach of this Agreement;
      2. Your violation of any law or the rights of a third party;
      3. Any of your content and or information that you submit, post or transmit through our Site;
      4. Your use of our Services;
      5. Any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into our Site;
      6. Any disputes that arise between Users in relation to care and support services.
  14. Conflicting Provisions

    This agreement shall be read in conjunction and are interdependent with the other Policies as amended from time to time. In the event of inconsistency between this agreement and the Policies, they shall be interpreted (to the extent of any inconsistency), in the following order:

    1. User Agreement
    2. Disclaimer
    3. Privacy Policy
    4. Code of Conduct
    5. Payment terms
  15. General
    1. These terms and conditions are governed by the laws in force in Queensland, Australia. By accessing our Site and using the Services you agree to submit to the non-exclusive jurisdiction of the Courts of Queensland.
    2. These terms and conditions and our other Policies constitute the entire agreement between you and For Life. Any prior arrangements, agreements, representations or undertakings are superseded
    3. Any failure by For Life to enforce any of these terms and conditions or any forbearance, delay or indulgence granted by For Life to you shall not be construed as a waiver of For Life’s rights under these terms and conditions.
    4. For Life may assign or subcontract these terms and conditions and any of its rights and obligations under these terms and conditions to a third party. You may not assign your rights or obligations under these terms and conditions except with the prior written consent of For Life.
    5. For the avoidance of doubt, any reference to “terms and conditions” in this clause 15 will include this User Agreement and the Other policies.
  16. GST
    1. Terms capitalised in this clause 16 have the same meaning as in  A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    2. The consideration payable by a Provider or Customer to For Life has been fixed without regard to the impact of GST.
    3. If GST is or becomes payable on a Taxable Supply made under or in connection with this agreement, the party providing consideration for that Taxable Supply must pay an additional amount equal to the GST payable on the Taxable Supply.
    4. The additional amount payable under clause 16.3 must be paid at the same time as the consideration for the Taxable Supply or on the date on which the party making the supply delivers a Tax Invoice (whichever is later).
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