Terms and Conditions

The Provider retains, and remains solely responsible at all times for, the following matters, none of which CareMarket assumes, shares, or takes over by reason of the Provider’s use of the Platform:

CareMarket’s operational role under these Terms is limited strictly to:

Where any report, complaint, completion note, or other information received through the Platform indicates that an incident has occurred involving a Participant, CareMarket will, as soon as practicable, direct that matter to the responsible Provider and provide a documented handover of the relevant information received through the Platform. CareMarket does not investigate, action, or take responsibility for any Participant incident, and does not assume any function of the responsible Provider in respect of that incident. Responsibility for incident management, notification, and any reportable-incident obligations under the NDIS Practice Standards or the NDIS Code of Conduct remains with the Provider at all times.

CareMarket acts as the disclosed agent of the Provider, and (in respect of the payment functions in clause 5) as the disclosed agent of the Worker, solely for the following limited purposes (“Disclosed Agency Functions”):

A Provider must create an account on the Platform and complete CareMarket’s provider verification process before posting any Shift. CareMarket may request evidence of the Provider’s NDIS registration status and other information reasonably required to verify the Provider’s identity and standing.

The Provider remains, at all times, the responsible NDIS registered provider in respect of every Participant to whom supports are delivered by a Worker sourced through the Platform. Nothing in these Terms transfers, shares, or diminishes that responsibility.

The Provider warrants that its use of the Platform does not, and will not, result in CareMarket receiving any NDIS Amount under a Participant’s plan through the Platform. The Provider further acknowledges that CareMarket does not seek, and must not be caused, to receive NDIS Amounts through the Platform in any form.

The Provider indemnifies CareMarket against any loss, liability, cost, fine, or claim arising from the Provider’s failure to comply with its own obligations under the NDIS Act, the NDIS Practice Standards, the NDIS Code of Conduct, the participant service agreement, or any other law applicable to the Provider’s delivery of NDIS supports.

The Provider must not represent, suggest, or imply, in any communication with a Participant, the public, or any regulator, that CareMarket is an NDIS registered provider, or that CareMarket arranges, provides, or is responsible for the delivery of NDIS supports.

The Provider is the principal engager of the Worker for each Shift performed by that Worker for the Provider. The Provider, and not CareMarket, is the party that offers to engage, and (on acceptance) engages, the Worker to perform the Shift. The Platform Fee charged to the Provider under clause 3.4 is CareMarket’s own fee for the Disclosed Agency Functions and platform infrastructure described in clause 2.5 and clause 2.3, and is not, and must not be characterized as, remuneration paid by CareMarket to the Worker for the Worker’s labour.

The Worker acknowledges and agrees that they perform Shifts as an independent contractor, engaged under their own active Australian Business Number (ABN). Nothing in these Terms creates an employment relationship between the Worker and CareMarket, or between the Worker and any Provider. The Worker is not an employee of CareMarket or of any Provider for any purpose.

The Worker acknowledges that the Worker’s Support Services Contract for each Shift is with the relevant Provider, formed as described in clause 2.5 and clause 3.2, and that CareMarket does not itself engage the Worker to provide, and owes no obligation of performance in respect of, any support services. CareMarket’s relationship with the Worker under these Terms is limited to the Disclosed Agency Functions and the platform functions described in clause 2.3.

The Worker must obtain, and always maintain current while listed on the Platform, the following. CareMarket’s verification is limited to reasonable review of the credentials listed in this clause and does not constitute a guarantee of their authenticity or continuing validity, the Worker’s overall suitability, or any matter beyond that review:

The Worker must comply with the NDIS Code of Conduct and all NDIS requirements applicable to workers engaged in the delivery of NDIS-funded supports, in respect of every Shift performed through the Platform.

The Platform operates an automated expiry-monitoring system in respect of the credentials listed at clause 4.2. Where a credential lapses, expires, or is revoked, the Worker’s account will be automatically suspended from appearing on, or accepting Shifts through, the Platform until the credential is renewed and verified.

CareMarket does not charge the Worker any Platform Fee. The Worker receives the Worker Amount, being 100% of the Base Shift Cost for each successfully completed Shift hour, as described in clause 5, subject to Stripe’s own payout fees described in that clause.

A Worker who accepts a Shift must attend and perform the Shift in accordance with its posted terms, and must, on completion, submit the required completion notes and any incident information through the Platform.

The Platform uses a QR code scan-in function to verify a Worker’s attendance at the commencement of a Shift. This function verifies attendance only. It must not be used, and is not designed, to collect or store any Participant identity or health information; only attendance data is recorded for this purpose.

Once transferred, funds ordinarily take 2 business days to move from pending to available in the Worker’s Stripe balance. Due to standard anti-fraud and identity verification protocols, a Worker’s first withdrawal may take up to 7 business days to settle. Business days for this purpose mean Monday to Friday, excluding public holidays.

The Stripe processing surcharge is calculated on the Shift Cost and Platform Fee at Stripe’s applicable processing rate (approximately 1.7%–1.75% + $0.30 AUD per transaction for standard domestic cards), is borne by the Provider, and is charged at checkout in addition to the Base Shift Cost. The surcharge is a third-party processing cost passed through to the Provider at cost.

CareMarket does not invoice Participants, plan managers, or the NDIA for any service. CareMarket does not deduct any fee from any Participant’s NDIS plan funds. CareMarket does not hold funds in a CareMarket bank account outside the Stripe-configured payment flow described in this clause 5. The Worker Amounts described in this clause 5 is an amount payable by the Provider to the Worker under the Support Services Contract, collected and remitted by CareMarket solely in its capacity as disclosed payment agent under clause 2.5, and is not NDIS Amount under a Participant’s plan. CareMarket’s only own-account entitlement in respect of any Shift is the Platform Fee described in clause 3.4 and clause 5.1.

CareMarket reconciles shift, verification, payment and complaint records on an ongoing basis. Records of Shifts, Worker verification, payments, and complaints are retained for a minimum period of 7 years.

The Parties acknowledge that these Terms may constitute a standard form small business contract to which the unfair contract terms regime under sections 23 to 28 of the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), as amended with effect from 9 November 2023, may apply where a Provider or Worker employs fewer than 100 persons or has an annual turnover of less than $10,000,000.

If any term of these Terms is found by a Court or tribunal of competent jurisdiction to be void as an unfair contract term under the Australian Consumer Law, that term is severed from these Terms, and the remainder of these Terms continues in full force and effect.

Nothing in these Terms excludes, restricts, or modifies any non-excludable consumer guarantee available to a Provider or Worker under sections 60 to 62 of the Australian Consumer Law, except to the extent, if any, permitted by section 64A of the Australian Consumer Law. CareMarket does not purport to exclude any statutory remedy available to a Provider or Worker under applicable law.

Any suspension of a Provider’s or Worker’s account will be proportionate to the underlying ground for suspension and will not be punitive in nature or effect. See further clause 10.

CareMarket will provide reasonable advance notice to Providers and Workers before any unilateral variation of these Terms takes effect, other than variations required immediately to comply with law or to address an imminent security or safety risk.

Any right of CareMarket to set off amounts owing between the Parties will be exercised on a controlled and notified basis only, CareMarket will notify the affected Provider or Worker of the amount and basis of any set-off before or promptly after it is applied and is not an absolute or unlimited right of set-off.

Each of CareMarket, the Provider and the Worker indemnifies the other against loss arising from its own breach of these Terms, on a proportionate basis referable to the extent of that Party’s own fault or default, and not otherwise. The Provider also indemnifies CareMarket against any loss, liability, cost, fine, penalty, or claim arising from employment or superannuation obligations resulting from the Provider’s direct engagement of a Worker under a Support Services Contract, except to the extent caused by CareMarket’s breach of these Terms.

The Worker must hold and maintain current public liability insurance in accordance with clause 4.2. Each Provider must hold and maintain its own insurances appropriate to its registration and operations as an NDIS registered provider, including any insurance required by the NDIS Practice Standards or its own risk management obligations.

CareMarket’s liability under these Terms is limited to matters within its actual control; namely, the technology platform functions described in clause 2.3. CareMarket excludes liability, to the maximum extent permitted by law (and subject always to clause 8.3), for the Provider’s delivery of NDIS supports and for the Provider-Worker services relationship, neither of which is within CareMarket’s control. CareMarket’s aggregate liability under or in connection with these Terms, including under clause 9.1, is capped at the total Platform Fees received by CareMarket in connection with the affected Provider’s or Worker’s use of the Platform in the 12 months preceding the event giving rise to the first claim.

CareMarket may suspend or terminate a Provider’s or Worker’s account on any of the following grounds:

Where practicable, CareMarket will give notice before suspending or terminating an account, and any response taken will be proportionate to the underlying ground, consistent with clause 8.4. Immediate suspension without prior notice may occur only where reasonably necessary to address fraud, an imminent safety risk, or a legal obligation.

Suspension or termination of an account does not affect amounts already captured into escrow for a Shift that has been completed in accordance with these Terms; such amounts will continue to be processed and distributed in accordance with clause 5. Amounts relating to a Shift that has not been completed will be dealt with in accordance with the Cancellation and Refund Policy referred to in clause 6.

These Terms are governed by the laws of Victoria, Australia, and the Parties submit to the non-exclusive jurisdiction of the courts of Victoria.

These Terms, together with the CareMarket Cancellation and Refund Policy and the CareMarket Privacy Policy, constitute the entire agreement between the Parties in respect of their subject matter, and supersede all prior negotiations, representations, and agreements on that subject matter.

CareMarket may vary these Terms in accordance with clause 8.5. Continued use of the Platform after a variation takes effect constitutes acceptance of the varied Terms.

A Provider or Worker may not assign or transfer their rights or obligations under these Terms without CareMarket’s prior written consent. CareMarket may assign or transfer its rights and obligations under these Terms in connection with a bona fide corporate reorganisation, sale, or transfer of its business.

Notices under these Terms must be given in writing via the contact details or in-Platform notification functions notified by CareMarket from time to time.

Clauses which by their nature are intended to survive termination of these Terms including clauses 3.5, 3.6, 5, 8, 9, 11, 12 and 13 survive termination or expiry of a Provider’s or Worker’s account.