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Terms and Conditions

1. Introduction

Thank you for visiting our website and/or App http://Zoee.co (“Website”). This website is owned and  trading as Zoee (ABN 52 649 550 809) (“Zoee”). 

The Website is an introductory service which provides Clients with access to Support Workers. The online self-service system is to be used by the Client and Support Worker to facilitate the connection, engagement, and payment of support services. Zoee provides the software to facilitate this transaction and is not a party to any agreement between the parties. 

Any information, documents or content provided by the Website or Zoee is general information and is not medical, health or lifestyle advice.

By accessing and/or using the Website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (“Terms”). 

In these Terms, 'us', 'we' and 'our' means Zoee and our related bodies corporate.

2. Acceptance of 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. Zoee has the right to modify the policies, conditions, payments, fees, and these Terms at any time.

You acknowledge that the Website is a platform that provides facilitation services to Clients and Support Workers. By using the Website, you acknowledge that the arrangement for support services is between the Client and the Support Worker, and that Zoee is not a party to that arrangement. 

3. Registration

You may be required to register an account through Zoee (the “Account”) before you can fully utilise Zoee.
 An account holder warrants that any information provided while completing completing the registration process will always be accurate, correct and up to date.

To create an account, you must:

  1. agree and warrant to use the Website in accordance with these Terms.
  2. be at least 18 years old; 
  3. possess the legal right and ability to enter into a legally binding agreement with us; or
  4. have the authority to represent a third party (if applicable) and bind the third party to the Terms.

We reserve the right to reject a registration or remove a profile from Zoee at any time at our absolute discretion. 

Clients 

As part of the registration process, Clients may be required to provide information including their name, email address, contact number, date of birth, what assistance is required, and languages spoken. Clients may complete a profile which could include details such as whether they have had the relevant Covid vaccines, what services they are looking for and describe themselves.

Support Workers

As part of the registration process, Support Workers may be required to provide information including their name, email address, contact number, date of birth, what assistance can be provided, proof that they have had the relevant Covid vaccines, what services they are looking to provide, languages spoken, and any other information required by Zoee. Support workers may be able to describe themselves and their services. 

Support Workers must provide a resume and details of their qualifications. Support Workers must provide at least two references containing phone numbers and email addresses. Support Workers must also provide a police check and a working with children check, a driver's license, another photo identification such as a passport and any other information required by Zoee.  

Zoee will conduct verification checks and require a Support Worker to provide information relevant to any mandatory criteria relevant to the services to be provided.

Support Workers must have all insurances that may be required by Zoee in relation to the services, including but not limited to:

  1. Professional indemnity insurance;
  2. Public liability insurance;
  3. Personal accident insurance (if applicable);
  4. Workers compensation insurance (if applicable); and
  5. Vehicle insurance (if applicable)
  6. insuring limits of not less than $10,000,000 per occurrence.

The Support Worker must provide evidence of such insurance to Zoee within 48 hours of a request.

4. Collection Notice

We collect personal information about you to respond to your enquiry or provide you with further information and for purposes otherwise set out in our Privacy Policy.

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all our services to you. We may also disclose your personal information to recipients that are located outside of Australia. 

If you would like any further information about our privacy policies or practices, please contact us at Info@zoee.co.

5. Accuracy, completeness, and timeliness of information

Images of the products or services are just for illustration purposes. Third parties may be permitted to post content on the Website. 

We do not endorse or approve any third-party products or services. It is your sole responsibility to determine that specific products or services meet your needs and/or are suitable for the purposes for which they are used.

While we use all reasonable attempts to ensure the accuracy and completeness of the information on the Website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on the Website. 

We are not liable to you or anyone else for interference with or damage to your computer systems which occurs in connection with the use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from Zoee is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, without notice, change or add to Zoee (including the Terms) or the information, products or services described in it. However, we do not undertake to keep Zoee updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.

You agree that you will not hold us responsible for any damage caused directly or indirectly because of the services which were facilitated through the Website.

6. Consultation with medical professional

The content on the Website and the Support Worker does not replace the face-to-face relationship with your certified medical professional. Clients should obtain in-person care from your certified medical professional. We encourage you to seek advice from a certified professional in addition to using the content provided on Zoee. 

Zoee is not intended for clinical diagnosis requiring an in-person evaluation, and you should not use it if you need medical assistance. It is also not intended that Support Workers provide any information regarding any medical treatment that may be appropriate for you, and you should disregard any such medical advice.

Zoee is not designed for use in emergency cases. Support Workers cannot provide the assistance required in any emergency cases.

7. Recommended activities

At times, Support Workers may recommend you undertake certain activities like going for a walk or swim. However, you can determine if these recommendations are suitable for your needs.

All recommendations, statements and opinions are for general purposes only. The recommendations do not consider your needs or circumstances. The recommendations are general recommendations only and are not a substitute for medical advice. Any reliance you place on the recommendations is at your own risk. Zoee cannot be held liable or responsible for any activity that you undertake.

8. Support Workers

Prior to becoming a “Support Worker” on the Website, you may be required to successfully complete all components of the Zoee online training course. Zoee reserves the right to approve, disapprove or cease to advertise any Support Workers, regardless of whether they have successfully completed the training course. 

Support Workers must abide by any of Zoee’s policies governing carers. Any reported violation of such rules may result in the immediate removal from the Website. You have the right to refuse service to any Client engaged through the Website.

9. Quotes

  1. The online self-service system is to be used by the Client and Support Worker to facilitate the connection, engagement, and payment of services. Zoee provides the technology to facilitate this transaction and is not a party to the transaction. 
  2. The Client and Support Worker agree on the fees for the services through the messaging service on the Website. 
  3. Either party may submit the quote request by completing an online form provided on the Website.
  4. When completing the form, the parties must provide a sufficiently detailed description of the Client’s requirements and any other relevant information.
  5. Upon completion of the quote, Zoee will automatically add its transaction fee to the quoted amount. 
  6. The parties agree Zoee will receive % of the quote from the Client and % of the quote from the Customer. 
  7. By making the payment, the Client is taken to have accepted the quote.
  8. The Support Worker agrees that they have no right to any fees until the services are complete. 
  9. The scope of the job is strictly limited to the matter agreed upon in the quote unless the Client and the Support Worker have agreed on a new engagement.
  10. All new engagements must be quoted through the Website. 
  11. Upon completion of the services, the Support Worker is required to ‘mark job as complete’ in their account and issue an invoice to Zoee stating the quote number, the Client’s name, and the quoted amount. This may take the form of an automated recipient created tax invoice. 
  12. Both the Client and Support Worker acknowledge that Zoee will only release the funds in accordance with the Terms.
  13. The Support Worker acknowledges that payment may take up to 14 days from the date of the invoice or from the date the invoice is required to be paid, whichever is later.
  14. By using the Website, the Support Worker agrees to allow Zoee to act as an agent pursuant to Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 (“GST Act”) for the sole purpose of any GST consequences in relation to services.
  15. The parties mutually agree that pursuant to the GST Act that Zoee shall make supplies on behalf of a Support Worker and for the purposes of GST all supplies made through the Website under these Terms will be treated as having been made by Zoee and not the Support Worker. The concept of agency only applies for the purposes under Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 and does not infer any type of agency or agent relationship between the parties. 
  16. If the Client is part of the NDIS scheme, it may claim some of the payments for some of the services if it has a self-managed fund. It is the Client’s responsibly to ensure that it can claim the NDIS scheme. 

10. Payments

  1. Where the option is given to you, you may make payments by way of a third-party electronic payment system embedded in the Website. The payment system being used is Stripe or any third-party provider and the user of this system is subject to the terms and conditions of the third-party provider.
  2. In using Zoee or when making any payment, you warrant that you have read, understood, and agree to be bound by the third party’s terms and conditions which are available on their website as applicable.
  3. The Client authorises Stripe or any other third-party provider to hold the funds on their behalf until the Client release the funds via their account to Zoee and the Support Worker. The Client agrees to release the funds to Zoee and the Support Worker once the job is completed.

11. Non-Solicitation

  1. Where a Client and its employees, agents, representatives, related entities, or associated entity contacts a Support Worker for the engagement of further services outside the Website, the Support Worker must direct the Client to engage the Support Worker through the Website. 
  2. The Support Worker and the Client must use the Website as its exclusive method when agreeing to engage in further services.
  3. Zoee will remove a Client and/or Support Worker if they engaged in commercial services not through the Website. 
  4. In the event the Support Worker retains the Client outside the Website, the Support Worker acknowledges and agrees that the Support Worker is liable to Zoee for % of the fees all services rendered by the Support Worker to the Client.
  5. The Support Worker and the Client acknowledge and agree that this clause is fair and reasonable under the circumstances and these restraints are reasonably necessary to protect Zoee’s business interests as it has expended significant resources in advertising, marketing, and staffing to facilitate the services.

12. Promotions and competitions

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion, or contest, you agree to the relevant terms and conditions applicable to that campaign, promotion, or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

13. Fitness for Purpose

  1. To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any services for a particular purpose. 
  2. Any recommendation, information or assistance provided by us is provided without any liability whatsoever.
  3. The content of, or any opinion expressed in any post does not represent the views of Zoee in respect of the content of that post. The fact that a post has not been removed by Zoee is not an endorsement of its content.
  4. You agree and acknowledge that Zoee provides a platform only, that acts as a forum for venue for the online connection and publication of content and does not verify that Client or Support Worker.
  5. By using Zoee, all users agree and acknowledge that Zoee accepts no responsibility for the accuracy of any post or other information posted by a user to Zoee and all users release and forever hold harmless Zoee from any liability in respect of the inaccuracy of any post, or the information contained therein, howsoever arising, or howsoever caused.
  6. Views expressed by anyone you connect with through Zoee are not endorsed by Zoee.
  7. The information, including statements, opinions, documents and materials contained on Zoee is for general information purposes only. Zoee does not consider your needs, objectives or circumstances, and it is not medical or professional advice or services. Any reliance you place on Zoee is at your own risk.
  8. To the maximum extent permitted by law, Zoee excludes all liability for any loss or damage of any kind (including special, indirect, or consequential loss) arising out of or in connection with Zoee except to the extent that the loss or damage is directly caused by Zoee’s fraud or willful misconduct

14. The agreement between the Client and the Support Worker 

  1. The agreement is between the Client and the Support Worker. Zoee is not a party to that agreement.
  2. The Website is a platform that allows Clients to connect with Support Workers. 
  3. Zoee provides the software to facilitate this transaction and is not a party to the transaction. 
  4. Zoee does not employ, contract, or act as agent for the Support Workers or the Client.
  5. The Support Worker has the complete discretion whether to accept a Client.
  6. The Client has the complete discretion whether to accept a Support Worker.
  7. Zoee must not:
    1. enter into the agreement between the Client and the Support Worker;
    2. endorse, recommend, or refer a Client or Support Worker;
    3. advise on any treatments  or health conditions about the Client or Support Worker;
    4. provide any directions to the Support Worker.

15. Safety of Client’s premises

The Client warrants that it:

  1. has inspected their premises and those premises are a safe work environment for the Support Worker;
  2. will comply with all laws and regulations relating to the engagement of Support Workers, including any applicable workplace laws and any applicable occupational health and safety policies or procedures. 

16. Linked sites

Zoee may contain links to websites operated by third parties. 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. 

17. 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 Zoee and in all the material (including all text, graphics, logos, audio, and software) made available on Zoee (Content). 

Your use of Zoee and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to Zoee or the Content. However, we do grant you a license to access Zoee and view the Content on the terms and conditions set out in these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors.

Users warrant that they hold all intellectual property in any post that they make, and that the posts do not infringe the intellectual property right of any other person. Upon posting, the material included in that post becomes the property and intellectual property of Zoee.

Any reproduction or redistribution of Zoee or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

All other use, copying or reproduction of Zoee, the content, or any part of it is prohibited, except to the extent permitted by law. 

18. Your Obligations

You must:

  1. not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to Zoee;
  2. not breach any obligation of confidentiality pr privacy in relation to the Client and or Support Worker;
  3. protect the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your registration;
  4. immediately notify us of any unauthorised use of your password or email address or any breach of security of which you have become aware;
  5. not use Zoee to defame or libel us, our employees, or other individuals;
  6. use Zoee only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  7. not interfere with (or attempt to interfere with) or disrupt (or attempt to disrupt) the Website or the servers or networks that host Zoee;
  8. not use, copy, or distribute (or attempt to use, copy, or distribute) content without our express permission;
  9. not interfere (or attempt to interfere) with any security-related or other features of Zoee;
  10. not use for the Website for anything that is discriminatory, unlawful, misleading, offensive, defamatory, distressing, harmful, intimidating or harassing;
  11. not use Zoee in connection with any commercial endeavors except those that are specifically endorsed or approved by us;
  12. not use the services or Zoee for any illegal and/or unauthorised use;
  13. abide by the NDIS Code of Conduct;
  14. abide by all of Zoee policies as posted on the Website as amended from time to time;
  15. agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from Zoee without notice and may result in termination of the services; 
  16. confirm that you have not been convicted of any criminal offence, sexual offence or any offence relating to the safety of children or vulnerable persons;
  17. confirm that you are not required to register as a sex offender in any jurisdiction or with any governmental entity; and 
  18. confirm that you will act in good faith and not misuse the Website or cause harm or damage to Zoee.

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

19. Warranties and Disclaimers

To the maximum extent permitted by law, including the ACL, we make no warranties or representations about Zoee or the Content, including but not limited to warranties or representations that they will be complete, accurate or up to date, that access will be uninterrupted or error-free or free from viruses, or that Zoee will be secure.

Subject to those rights that cannot be excluded under the ACL, our liability (and any third-party supplier's liability) for a breach of a non-excludable condition or warranty is limited, at our option, to the supply of equivalent goods or services; the repair of the goods or services; the payment of the cost of replacing the goods or services or of acquiring equivalent goods or services; or the payment of the cost of having the goods repaired.

In no circumstances are we liable for any special, indirect, or consequential loss, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

We reserve the right to restrict, suspend or terminate without notice your access to Zoee, any Content, or any feature of Zoee at any time without notice and we will not be responsible for any loss, cost, damage, or liability that may arise as a result. 

You acknowledge that Zoee is intended to facilitate the interactions between different parties. We hold no liability to you as a result of any conduct of the parties or the misuse of your content by any party.

20. Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any liability suffered or incurred by us arising from or in connection with your use of Zoee or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.  It is not necessary for us to suffer or incur any liability before enforcing a right of indemnity under these Terms.

You agree to release, indemnify and hold us and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including lawyers’ fees) arising out of or in connection with: (i) your use of the services or services or goods obtained through your use of the services; (ii) your breach or violation of any of these Terms; (iii) Zoee’s use of your content; or (iv) your violation of the rights of any third party.

21. Events Beyond Control

Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.

22. Termination 

We may terminate or suspend your registration on the Website at any time. Termination is effective the day notice is received, or such later date as specified in the notice. We may remove anyone from the system. You may cease using the Website at any time.

23. Changes to the Terms

Please be aware that we may modify these Terms at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our Website. Please check back sometimes to review our Terms and Conditions.

24. Jurisdiction and governing law

Your use of Zoee and these Terms are governed by the law of Victoria, and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.