Five Good Friends Helper
Terms and Conditions
Effective 23 Feb 2017
Five Good Friends provides a curated care marketplace and supporting technology for contractors, with the appropriate vetted and verified skills, that connects them to Members who require in-home care and services.
Accepting these Terms and Conditions is a requirement to become a Five Good Friends Helper and thus access the marketplace. Failure to comply with these Terms and Conditions or the undertaking of activities which contravene these Terms and Conditions may lead to the discontinuation of a Helper’s access to the marketplace at the discretion of Five Good Friends.
We reserve the right to amend these Terms and Conditions at any time and in such circumstances will notify you of the amendments. You have the right to disagree with and not accept the amendments or any Terms and Conditions but this would result in You not being able to continue to provide services to Five Good Friends Members.
1.1 This Agreement is:
A binding contract between You and Five Good Friends and represents all Terms and Conditions, policies, rights and responsibilities associated with being a Five Good Friends Helper. This binding contract comes into existence once you accept these terms and conditions by clicking the “I agree to these terms and conditions” button below and Five Good Friends notifies you that your application has been accepted. This contract is governed by the Electronic Transactions Act 2000 (Qld), amongst other laws.
A copy of the Terms and Conditions applicable to Members from time to time are available at www.FiveGoodFriends.com.au.
2. Definitions and Interpretation
2.1 In this Agreement:
“Account” means the Five Good Friends account attached to being a Helper enabling you to access the Five Good Friends Application (native and web) as required.
“Account Credentials” means your login, password and other identifying information connected to Your Account;
“Agreement” means the agreement between the Helper and Five Good Friends which incorporates all policies and terms and conditions referred to in this Agreement;
“Application” means the Five Good Friends application available for use on Your mobile device or other computer, including to facilitate the delivery of the Services;
“Community” means the wider network of people including other Members and Helpers living in the local geographical area;
“Corporate Helper” means an external party, business, contractor who has been recommended and endorsed by Five Good Friends to provide services to Members under their own Service Agreement;
“Helper” refers to an authorised and verified person providing services to Members curated by Five Good Friends;
“Member” means a person who has joined Five Good Friends with the intention of receiving services now or in the future;
“Subscription Fee” means the fee associated to the relevant level of membership agreed to by the Member and payable by the Member;
“Services” means activities provided to the Member curated by Five Good Friends;
“Service Fee” means fees associated with the provision of Services curated by Five Good Friends, provided by Helpers and payable by the Member in receipt of Services;
“Sign Up” means the process required to create and activate a Five Good Friends account and membership;
“User” means a person within the Five Good Friends network with authorised access to the platform and application;
“Visit” means a single occasion of Service provided for a Member, curated by Five Good Friends;
“We” and “Five Good Friends” means Five Good Friends Pty Ltd (ACN 605 031 249), and includes its officers and employees, contractors, agents and related corporations where the context permits in connection with claims or actions against Five Good Friends or where the context permits in connection with things being attributable to the actions of Five Good Friends;
“You” means you, the person operating this website and applying for Membership as a Helper.
3. Helper Eligibility
3.1 As a Helper, You represent and warrant that:
- You are at least 18 years old;
- You have the right to work in Australia;
- You have a valid, clear Australian National Police check. As of 12.00am March 1 2017 Helpers accepted into the Five Good Friends care marketplace have a valid, clear Australian National Police Check issued within the last 12 months;
- You have the right, authority and capacity to enter into this Agreement;
- You will abide by the terms and conditions, relevant policies and rights and responsibilities of this Agreement;
- You have not been:
- In Australia or overseas the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offence; or
- In Australia or overseas currently required to register as a sex offender in any jurisdiction or with any governmental entity.
- You have a valid driving licence and clear driving record in Australia; and
- Your vehicle is registered, covered by relevant third party personal insurance in your respective jurisdiction, fully comprehensively insured and roadworthy for driving in Australia if you are engaged in transportation service for or with Members.
4. Five Good Friends Obligations and Warranties
As a Helper You are entitled to opportunities to provide quality Services in accordance with your skills and experiences to Five Good Friends Members as part of a network of Members and Helpers in a local community.
4.1 Each Director, Manager or Employee of Five Good Friends, will:
- Rely on the information that you provide as being true, accurate, complete and current;
- Protect and maintain your Privacy in accordance with this Agreement;
- Engage You as an independent sole trader to provide Services to Five Good Friends Members;
- Have Public Liability and Professional Indemnity Insurance relevant to the Services You will be providing to Five Good Friends Members;
- Issue You with relevant and timely information to support You as an independent sole trader;
- Ensure Members have been screened and verified and have accepted Five Good Friends Terms and Conditions;
- Provide opportunities for You to deliver high quality activities and Services relevant to your skills and Members’ requirements;
- Provide access to Members who have requested, authorised and consented to Services;
- Support and enable You to engage directly with Members to ensure satisfactory Service to Members;
- Respect Your decisions in determining and accepting work based on Your skills, level of comfort and availability, promoting flexibility and autonomy;
- Respect your decision to not accept work with a Member based on identified safety issues; and
- Seek regular feedback in relation to Your experience with Five Good Friends.
Helpers are sought by Five Good Friends to provide a Service to Members as curated by Five Good Friends.
Members subscribe to Five Good Friends to access the network of Helpers who have been screened and verified by Five Good Friends and live in the local community.
Services are to be provided primarily at the Members’ home address, as provided by Five Good Friends and as requested by the Members’.
Members will determine whether to accept a Helper’s Services and to engage specific Helpers again for future Visits.
Five Good Friends screen and verify the quality of the Helpers for the curation of Services. The Helpers are self-employed and insured they are not employees of Five Good Friends.
Five Good Friends do not provide the Services, they curate the Services that Helpers provide.
In the event a Helper does not meet the Service requirements or provide the Service then Five Good Friends will source a suitable alternative Helper and reschedule the Service.
Five Good Friends has a strong safety culture and expects all persons to exhibit personal responsibility for the safety of themselves.
5. Helper Obligations, Rights and Responsibilities
5.1 As a Helper, You are required to:
- Follow the Five Good Friends sign up process;
- Provide relevant personal particulars necessary for providing specific Services to Members;
- Provide payment details necessary to receive payment from Members via Five Good Friends;
- Have an Australian Business Number;
- Always act in a way to protect and maintain Your safety, the Members safety and that of all other persons You engage whilst providing services to Five Good Friends Members
- Ensure You have the necessary skill, qualifications, tools (where required and agreed), experience and commitment to provide relevant Services to Members;
- Manage Your availability and provision of Service;
- Participate in an introductory meeting with a Five Good Friends;
- Provide Services as requested by Members in the home environment to a high quality of service;
- Engage with Members, other Helpers, families and Five Good Friends employees specifically the Community Manager;
- Keep Your profile up to date;
- Respect the privacy of Members in relation to identifying and sensitive information;
- Not share information with any person who does not require the information as it relates to the activities of Five Good Friends and in accordance with this Agreement;
- Activate passcode protection on your smart phone, tablet, computer or whatever device you use to access the Five Good Friends App (native and web) and
- Report to Five Good Friends immediately if your smart phone, tablet, computer or whatever device you use to access the Five Good Friends App (native and web) is lost or stolen.
5.2 As a Helper, You warrant that:
- All of the information you provide is true, accurate, complete and current as it pertains to the provision of Services for Five Good Friends Members;
- You will update us with any new or additional relevant information as it relates to your ability to provide Services to Members;
- You will renew and provide a new clear Australian National Police check every 3 years and immediately advise of any change of circumstances to the representations and warranties, including clause 3.1(6) and
- You are acting as a sole trader for an individual business entity.
5.3 You are solely responsible for:
- Use of Your Account Credentials and Your Account
- Activities that occur under or in connection with Your Account Credentials or Your Account
- All activities and Services provided as a Five Good Friends Helper to Members;
- Traveling to, between and from Members for the provision of Services;
- Acting in a manner that protects Your safety and that of the Members and any other person involved in the Service being provided; and
- Reporting to Five Good Friends any identified risks or concerns relevant to the home environment or a person’s safety or well-being.
The Member solely decides whether to accept curation of Services by Five Good Friends.
Helpers respond to requests for Services by the Member, authorised representative (‘Companion’) or the Five Good Friends Community Manager.
Helpers are responsible for determining which Members you provide Services to by accepting or rejecting the request for Service.
Helpers are encouraged and empowered by Five Good Friends to establish a helpful and courteous professional relationship with the Member, communicating and organising support and Services directly with the Member.
Access and connectivity to the internet and a mobile device together with the associated costs are Your responsibility.
Helpers accept responsibility for their own equipment and tools when necessary to provide the Service. Members are responsible for equipment and tools which are their own belongings to be used when providing Services.
Helpers are covered under the Five Good Friends insurance policy for public liability, medical malpractice and personal injury.
6. Member Obligations and Warranties
Members subscribe to Five Good Friends to receive a Service from Helpers curated by Five Good Friends.
Members have accepted Five Good Friends Terms and Conditions and signed any specific Service Agreements prior to requesting and receiving Services. They have been assessed, screened and verified by Five Good Friends and undergone specific sign up processes prior to being approved as Five Good Friends Members.
Members, together with the Community Manager are responsible for determining their needs and thus Services. Members will only request legitimate needs and act in accordance with expected behaviours outlined in the Member’s Terms and Conditions.
The Members are required by the terms of their Membership to take all steps necessary to ensure their home environment and property is safe for Helpers to provide Services.
Five Good Friends have the right to take reasonable action to protect the interests of Five Good Friends and associated parties of Five Good Friends.
6.1 Five Good Friends warrants to Helpers that Members are / have:
- legitimate and genuine in their request for Services and have been screened and verified by Five Good Friends to the best of the ability of Five Good Friends;
- Not prohibited from requesting the Services they elect to provide;
- Agreed to comply with all relevant Terms and Conditions of Five Good Friends including confidentiality, privacy and obligations regarding professional behaviour; and
- Been honest in the information they provide.
6.2 Other ‘Helpers’ (‘Corporate Helpers’) who are not sole traders / self-employed Five Good Friends Helpers will:
- Undergo Five Good Friends screening and reputation checks before being approved to provide Services to Members;
- Be required to accept Five Good Friends Terms and Conditions;
- Accept relevant Service Agreements;
- Engage directly with the Member in relation to the provision and recovery of payment of Services;
- Be referred to as ‘Corporate Helpers’.
7. Conduct and Behaviour
You will not misrepresent your identity, skills or attributes associated with the provision of Services for Members curated by Five Good Friends. You will not be discriminating, unlawful, rude, defamatory, harmful, threatening, indecent, harassing, abusive, aggressive or offensive to any Member or person/s associated with Five Good Friends. You will not participate in, encourage or advocate an illegal activity or violate any law, statute or regulation in your dealings with Five Good Friends or any Members.
You will take all reasonable steps to prevent harm to others whilst you are providing Services curated by Five Good Friends.
You will maintain privacy and act to protect the rights of third parties.
You will not publicly act in any way to harm the reputation of Five Good Friends or any associated or interested parties or do anything contrary to the interests of Five Good Friends.
You will not suggest, entice or elicit Members to privately engage your services outside the Five Good Friends network.
Five Good Friends reserve the right to raise any concerning conduct or behaviour with you and will seek a satisfactory resolution or otherwise your ability to provide Service curated by Five Good Friends may be discontinued.
8. Privacy and Consent
9. Relationship between Parties
As a Helper You are not legally affiliated with Five Good Friends and there is no business arrangement intended or created except these Terms and Conditions.
Helpers are not employees or agents of Five Good Friends and nor is Five Good Friends an employment agency or service provider and does not secure employment for Helpers.
All parties associated with Five Good Friends must comply with the law and act in good faith towards one another and in a manner to protect the interests and reputation of Five Good Friends and associated person/s and or parties.
The relationship between Five Good Friends and Helpers is in place whilst the Helper’s Account is active.
10. Complaints and Dispute Resolution
As a Helper You can make complaints directly to the Member and these should be resolved directly between You and the Members.
If issues remain unresolved and they are related to Services curated by Five Good Friends You can report these to the Community Manager employed by Five Good Friends to provide assistance and advice for resolution. Five Good Friends will investigate the matter with the goal of addressing concerns and resolving the matter efficiently and effectively ideally to the satisfaction of all parties.
Five Good Friends have the right to engage an independent mediator or arbitrator if other attempts to resolve the matter fail.
If necessary Services or Your approval as a Helper can be suspended until matters are resolved.
In the event issues cannot be resolved the Helper and Five Good Friends both have the right to cancel arrangements ceasing any binding agreement between the parties.
Any costs associated with dispute resolution are the responsibility of the respective party associated with the cost. Both parties are entitled to attempt to recover all reasonable costs incurred in association with a dispute through initiating appropriate legal proceedings.
11. Payment terms
Payment for Services will occur fortnightly within 3 work days of the end of the fortnight for all Visits or occasions of Service provided for the preceding fortnight, subject to receipt of funds from the Member paying for the Service. If the Member pays Five Good Friends later than 5 work days before the date Five Good Friends must pay you for the Service, then Five Good Friends will pay you within 3 work days of the end of the fortnight when payment is received.
You authorise Five Good Friends to receive payment on Your behalf and to forward the payment to You as set out above. Five Good Friends may deduct from the amount received from the Member any credit card merchant fee or other payment service fee charged by a third party for the collection of the amount owing by the Member before Five Good Friends pays the amount to You.
Payments will be made by Five Good Friends on behalf of Members via electronic fund transfer into your nominated bank account.
Payment amounts are rates set by Five Good Friends.
If a Member cancels a Service with less than 24 hr notice whether the Service is charged is at the discretion of the Helper.
If the Helper cancels the Service with less than 24 hr notice then Five Good Friends will take responsibility for rescheduling the service if agreeable with the Member or to sourcing an alternative Helper. The Helper will not receive any payment for this cancelled Service. The Helper must notify both the Member and Five Good Friends.
12. Term and Termination
These Terms and Conditions (as amended) shall commence on the date of confirmation and verification of being a Five Good Friends Helper and will continue indefinitely unless otherwise terminated in accordance with the provisions of these Terms and Conditions.
Five Good Friends can suspend and or terminate your Helper status at any time, without notice or liability, if these Terms and Conditions are breeched. These Terms and Conditions are relevant at all times.
Helper status can be cancelled by either party at any time by providing the other party with 30 days’ notice.
Suspension, termination or cancellation of Helper status does not void any payment owing to You for Services already provided.
In the event that Five Good Friends are unable to meet expectations to the satisfaction of the Helper despite all reasonable attempts, the Helper and Five Good Friends can agree to discontinue arrangements and waiver the 30 days’ notice period.
13. Intellectual Property
Five Good Friends confirms it has all the rights in relation to the intellectual property to grant all the rights it purports to grant under and in accordance with the terms of this Agreement.
13.1 As a Helper of Five Good Friends you understand and acknowledge that:
- Five Good Friends owns all intellectual property rights in the Membership, Subscription, curation of Services, technology, Application, information and the website of Five Good Friends;
- This Agreement does not provide you with any rights to or in patents, copyright, tradenames, trademarks;
- Five Good Friends intellectual property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission; and
- You must abide by all copyright notices, information, or restrictions contained in or attached to any of the technology, Application, information or website of Five Good Friends.
14. Third Party Content
In the curation of Services, Five Good Friends, may use third parties / external businesses / Corporate Helpers. These third parties may have separate Service Agreements and Terms and Conditions. These are governed by the third party and are not the responsibility of Five Good Friends.
As a Helper you understand that in the provision of Services you may be exposed to these third parties. Five Good Friends will screen and verify Corporate Helpers but do not control these entities activities.
15. Limitation of Liability
These Terms and Conditions set out the entire liability of Five Good Friends including any liability for the acts or omissions of its employees, Helpers, sub-contractors and Corporate Helpers to the Members arising under or in connection with the Membership and curation of Services.
Five Good Friends makes no representation or commitment and shall not be liable whether in tort, contract, or otherwise for any loss, damages, charges or expenses incurred by Helpers, including for negligence by Five Good Friends.
The Five Good Friends website has information about the Membership, the Services, Helpers and other matters on it, and a number of disclaimers and waivers of liability (“Disclaimers”) are contained on the website or delivered through the Application. You agree not to make any claim against Five Good Friends in respect of anything disclaimed in a Disclaimer or any liability a Disclaimer says You waive. You confirm that You have relied entirely on Your own enquiries relating to the Membership and the Services and Five Good Friends has not made any representation or warranty or promise of any nature except as expressly contained in these Terms and Conditions.
16. Governing Law and Jurisdiction
This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims are governed by, and construed in accordance with relevant Australian laws and legislation applicable in Queensland.
As a Helper of Five Good Friends. You understand and acknowledge that the courts of Queensland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.
If you have registered to become a helper please accept the Terms and Conditions by completing the form below.
“I get by with a little help
from my friends.”
– John Lennon & Paul McCartney