Terms and conditions
Welcome to the www.swift-care.com.au (“Website”). Please take a few minutes to review these Terms and Conditions. The Terms and Conditions describe your rights and responsibilities and what you can expect from Swift Care (“Swift-Care”, “us“, “we” or “our“) and our exclusions and limitations of liability to you.By using the Website, or the services offered on the Website (“Services”), you agree to be bound by these Terms and Conditions. These Terms and Conditions also apply to any activity in which you engage as a result of your use of the Website or the Services, including the provision of care to third parties regardless of location (“Activities”).
Swift-Care reserves the right to add to, delete or change these Terms and Conditions at any time by providing you 10 business days’ notice. You will be deemed to have accepted such changes by continuing to use the Services or participate in the Activities. As such, you should check these Terms and Conditions regularly for such changes. If you do not agree to these Terms and Conditions or any changes made by Swift-Care, you must immediately inform Swift-Care, immediately stop using the Services and consult with Swift-Care about arrangements to stop performing the Activities as soon as practicable.
Swift-Care provides an online platform directly connecting people needing NDIS services both participants and providers.
1. Subscription – registration and eligibility
- In order for us to provide you with our Services, you must register and become a subscriber of the Website (“Subscriber”).
- Registration involves setting up an account on the Website. Once you have set up an account you will have a user profile on the Website.
- By becoming a Subscriber you represent and warrant that:
- the information you provide is accurate, complete and up-to- date and you will inform us of any changes to that information;
- you will engage with other Members in accordance with all applicable laws, industry codes and standards.
- We reserve the right to accept or refuse any application to use the Services in our sole discretion.
2. Our Service
- Swift-Care provides a platform through which participants looking for disability service can directly engage with members who provide disability services.
- Swift-Care is not an in-home care or employment agency.
- Swift-Care does not employ or contract disability service.
- You acknowledge that there is no employment, independent contractor or agency relationship between yourself, or anyone you represent or work for, and Swift-Care. This acknowledgement does not affect the contractual relationship between you and Swift Care solely for the purposes of these Terms and Conditions.
- Outside of our Concierge Service, Swift-Care does not:
- Provide or arrange for home care or disability services.
- Participate in the interaction between members, except to provide the platform and technology related support to use the platform.
- Involve ourselves in the terms of engagement between members or the regulation of their engagement with each other.
- In no circumstances does Swift Care have control over, or responsibility for, the acts or omissions of Members.
- Members seeking NDIS services are solely responsible for the selection including compliance with all applicable State, Territory and Federal laws.
- You understand that the Services are provided “as is” and “as available”. We do not represent or warrant that:
- the content on the Website or information provided by any Subscriber is accurate, complete or current;
- a suitable match will be found using the Services;
- your access will be uninterrupted or error free.
- Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control. We reserve the right to change or withdraw the Services at any time. If we do, we will post the details on the Website.
- By sending a quote to a client, you solely agree to provide the service to the client for the fees, charges and expenses shown in the quote.
- In case you choose not to subscribe to use our services, but you want to submit a quote, you ought to pay Swift-Care applicable fees.
4. Concierge services
- Using our Concierge Service, we will provide you with:
- a shortlist of potential NDIS service providers;
- a summary of reference checks for shortlisted NDIS services; and
- contact details of the shortlisted NDIS services.
- No refunds will be given for the Concierge Services.
- Using our Concierge Service, we will provide you with:
- Acceptance of the send quote by the customer is considered to be a referral to you by Swift-care.
- You agree to pay the agreed fee to Swift-Care for each Referral made.
- You agree that any subsequent booking by the client through the referral is a direct contract created between You and Swift-Care.
- Swift-Care is not responsible for the correctness and completeness of the information given by the client and is not responsible for the payment obligations of the customer in relation to booking with you.
- Complaints or claims in respect to services provided has to be dealt by you without mediation or interferences of Swift-Care.
6. Termination and suspension
- You may delete your account for any reason by contacting us via the Contact Us page or sending an email to us and letting us know you wish to delete your account.
- We reserve the right to, without limitation and in our sole discretion, do any or all of the following in relation to your membership:
- suspend your membership;
- permanently or temporarily hide all or part of your profile;
- modify your profile;
- terminate your membership for any reason by providing notice to you by email;
- terminate your membership immediately without notice to you if you have committed a breach of these Terms and Conditions;
- deactivate your membership if you have not used the Website for a period of 12 months or more (from the date of last use);
- permanently or temporarily block your access to all or part of the Website.
- In the event of unusual activity, we reserve the right to temporarily or permanently suspend payment via your credit card and we may contact you, your bank or any other relevant third party to report such unusual activity.
- It is your responsibility to conduct yourself appropriately on the Website and exercise caution when connecting with other Members. You must not include any telephone numbers, street addresses, last names, URLs or email addresses in your public profile.
- Swift-Care has a Code of conduct for Members connecting through the platform. Failure to adhere to this Code of Conduct may result in termination of your membership.
- To help ensure a safe online environment, Swift-Care reserves the right, but is not obliged to remove, edit, refuse to post or review any content it deems inappropriate or out of date.
- Where you have obtained personal information from another Subscriber, including phone numbers, email addresses, addresses, and are no longer using this information for the purposes set out in the Website, you must return or destroy this information and upon request by Swift Care warrant to Swift Care that you have done so.
- Any images, sounds, or text (content) that you transmit or post on the Website, or otherwise transmit to any other Subscriber by any other means, must be complete and accurate.
- You agree not to post or transmit or otherwise transmit to any other Subscriber by any other means, content that:
- is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
- is false or misleading in any way;
- infringes the rights (including intellectual property rights) of any third party;
- you do not have a right to make available under any law or contractual obligation;
- promotes, or provides information about, illegal activities or conduct, including content that is sexually explicit or contains sexual references / innuendo;
- contains restricted or password only access pages, or hidden content;
- contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
- promotes any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
- impersonates another person or entity;
- promotes racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
- exploits any person under the age of 18, or to solicit information from anyone under 18; or
- solicits money, passwords or personal information from any person.
- You are solely responsible for content that you transmit or post on the Website, or otherwise transmit to any Subscriber.
9. Use of the Website and prohibited activities
- You agree not to:
- use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
- “frame” or “mirror” any part of the Website without our prior written authorisation;
- use code or other devices containing any reference to the Website or Swift-Care to direct other persons to any other web page;
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
- We have no obligation to monitor your use of the Website.
- You agree not to:
10. Exclusion of liability
- To the extent permitted by law, we exclude:
- all conditions, terms, representations and warranties other than those expressly set out in these Terms and Conditions; and
- all liability whatsoever for any costs, expenses, damages, liabilities or losses (both direct and indirect) arising in connection with your dealings with Members or your use of the Services or the Website.
- Our liability for breach of a statutory guarantee which cannot be excluded by law is limited, at our option, to either the supply of the Services (or equivalent services) again or the payment of the cost of having the Services supplied again.
- To the extent that our liability cannot be excluded:
- you agree to indemnify Swift Care against all claims for loss or damage or any other liability whatsoever arising out of your use of the Services or the Website or breach of these Terms and Conditions;
- you release and hold us harmless in connection with any dealings with any Subscriber, including the acts, omissions or representations of any Subscriber or any dispute with, or claim against, any Subscriber; and
- to the extent permitted by law, our maximum liability to you will be limited to the lesser of the total amount paid by you (if any) for any chargeable service or feature on the Website.
- To the extent permitted by law, we exclude:
11. No third party beneficiaries
- You understand and agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to these Terms and Conditions.
12. Intellectual property
- All copyright, images, logos, text, trademarks, content and any other intellectual property rights in the Website, including Swift-Care’ trademarks and logo is the property of Swift-Care and must not be used in any way without our prior written consent.
- You own all rights, title and interest to the content that you submit or post on the Website.
- You grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable licence to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content for any purpose. You warrant that you have the right to grant us such rights.
- You are responsible for maintaining the confidentiality and security of your account including your username/email address and password and you further acknowledge and agree that you will not disclose these details to any person not duly authorised by you.
- You are solely responsible for all activities that occur on your account and under your username/email address and password.
- You must immediately notify us of any unauthorised use of your account, username/email address or password.
- We may at any time request a form of identification to verify your identity and/or your compliance with these Terms and Conditions.
14. Third party websites
- From time to time, we may promote, or advertise events, offers, products, services or other activities that may be conducted offline and may be conducted by third parties. These events, products, services or other activities may be subject to separate Terms and Conditions. You acknowledge that you participate in any of these activities entirely at your own risk.
- The Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of the Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave our Website entirely at your own risk.
15. Promotional offers
- We may run promotional offers on the Website from time to time.
- The terms of any such promotion will be posted on the Website.
- We have the sole discretion to establish and modify the terms of these offers and end any such offer at any time.
- Fees may be charged for other services we offer to services providers. These services and applicable fees will be set out on the Website or in our communications with you.
- Fees for our Concierge Service can be found on the Website.
- We reserve the right to change the fees at any time on 10 business days’ notice to you.
- You will not be entitled to any refund of payments for chargeable services or features.
17. GST and Payments
- All prices are exclusive of GST. This is payable by the provider at the rate specified by the law.
- Payment must be made directly to Swift-Care by means of direct debit, credit card or otherwise agreed by the parties.
- Each Subscriber is solely responsible for the accuracy of the bank account or credit card details that it provides to Swift-Care, including the bank account number and BSB number, or the credit card details.
- Swift-Care expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by Members.
18. Third party payment processing services
- Swift-Care expressly disclaims any and all liability for any claims or damages related to our use of third party payment processing services and such transfers, including without limitation any damage that may result should any such information be released to any third parties.
- Any failure by Swift-Care at any time to enforce these Terms and Conditions or any of its rights will not be a waiver of such rights, or affect the validity of these Terms and Conditions. If any clause or part of a clause of these Terms and Conditions is not valid or enforceable it will be severed and the remainder of these Terms and Conditions will continue to have full force and effect.
- These Terms and Conditions are governed by the laws in force in Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of Australia to determine any dispute concerning these Terms and Conditions.
- If you have any questions or concerns, email us.