Five Good Friends Member
Terms and Conditions
Effective 3rd March 2017.
Five Good Friends provides a curated care marketplace and supporting technology that makes the accessing, organising and managing of in home care and help easy, efficient and transparent. Five Good Friends connects Members who require in-home help, care and services to contractors with the appropriate vetted and verified skills.
Accepting these Terms and Conditions is a requirement to become a Five Good Friends Member. Your Membership is conditional on You accepting these Terms and Conditions. Failure to comply with these Terms and Conditions or the undertaking of activities which contravene these Terms and Conditions may lead to the cancellation of Membership and thus access to the curation of Services and ‘Helpers’ 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 cancellation of your Membership.
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 Member. 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 Membership application has been accepted. This contract is governed by the Electronic Transactions Act 2000 (Qld), amongst other laws.
These Terms and Conditions together with any specific Service Agreement relevant to the agreed Services constitute the entire agreement between a Member and Five Good Friends.
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 an active membership created by the Member or their authorised representative;
“Account Credentials” means your login, password and other identifying information connected to Your Account;
“Agreement” means the agreement between the Member and Five Good Friends which incorporates all policies and terms and conditions referred to in this Agreement;
“Application” means Five Good Friends. software applications available for use on Your mobile device or other computer, including to facilitate the delivery of the Services;
“Authorised Representative” means a person who has the authority to make decisions and act on behalf of a Member who either doesn’t have legal capacity or who wishes for this person to act for them. This person has full access rights to the Member’s Account as if they are a Member;
“Community” means the wider network of people including other Members and Helpers living in the local geographical area of the Member in question;
“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;
“Invoice” means an invoice for Subscription Fees and Service Fees and generated by Five Good Friends;
“Member” means a person who has an active account with Five Good Friends;
“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.
3. Member Eligibility
3.1 As a Member, You represent and warrant that:
- You are at least 18 years old;
- 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; and
- neither You, nor anyone residing in your home where Services may be provided:
- has been the subject of a restraining order or any other legal action or convicted of any criminal offense; or
- has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
3.2 If you are entering into this Agreement as an Authorised Representative (‘Companion’), You represent and warrant that:
- You are at least 18 years old;
- You have the right, authority and capacity to enter into this Agreement on behalf of a person who may not have legal capacity;
- You will abide by the terms and conditions as set out for Members
4. Five Good Friends Obligations and Warranties
As a Member you are entitled to offerings in accordance with your subscription level whilst your Membership is current.
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;
- Deliver high quality activities and services relevant to your chosen level of subscription;
- Only provide those Services You have requested, authorised and consented to;
- Respond to Your specific requests and requirements in the curation of Services;
- Respect Your decisions in accepting and determining Services and
- Seek regular feedback in relation to Your experience with Five Good Friends
You will be provided with Member access to the Five Good Friends. Application to facilitate access to information, Services, Visits and communication across the Five Good Friends community.
In curating Services we will provide access to skilled, experienced, qualified, professional and reputable Helpers aligned to your needs. You determine whether you would like these Helpers to provide the Services and whether you would like for these ‘Helpers’ to provide Service to you in the future.
Five Good Friends screen and verify Helpers. The Helpers are self-employed and insured they are not employees of Five Good Friends. You authorise Five Good Friends as your agent to engage Helpers selected by Five Good Friends to provide the requested Services.
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. If it is a critical Service then an employee of Five Good Friends will provide the Service until such time as a suitable alternative ‘Helper’ is available. Five Good Friends will refer Members to an external provider if required to ensure they can access the Services needed.
5. Member Obligations, Rights and Responsibilities
5.1 As a Member or Authorised Representative, You are required to:
- Follow the Five Good Friends sign up process;
- Provide relevant personal particulars necessary for the curation of Services;
- Provide payment details;
- Participate in an introductory meeting with a Five Good Friends representative in your home where Services will be provided;
- Provide all information necessary to ensure your needs are understood so the most effective Service can be provided to you;
- Update us with any new or additional relevant information;
- Respect the privacy of Helpers in relation to identifying and sensitive information;
- Ensure the home environment is safe and suitable for the services to be delivered and allow selected Five Good Friends Helpers access to the home environment; and
- Ensure your vehicle is registered, covered by relevant third party personal insurance in the relevant jurisdiction, fully comprehensively insured and roadworthy for driving in Australia if you request transportation services from a Helper using this vehicle
5.2 As a Member or Authorised Representative, You warrant that:
- All of the information you provide is true, accurate, complete and current as it pertains to the curation of Services by Five Good Friends;
- Your Account will not be shared with any person who is not an Authorised Representative (‘Companion’);
- You have provided Consent to Services in accordance with this Agreement; and
5.3 As a Member or Authorised Representative, You are responsible for:
- Use of Your Account Credentials and Your Account and
- Activities that occur under or in connection with Your Account Credentials or Your Account; and
- Ensuring you have passcode protected your smart phone, tablet, computer or whatever device you use to access Five Good Friends Applications (native or web);
You may be required to sign a specific Service Agreement to receive Services curated by Five Good Friends provided by external businesses.
Access and connectivity to the internet and a mobile device together with the associated costs are your responsibility.
Five Good Friends accepts no responsibility for damage to your property or home.
6. Helper Obligations and Warranties
Helpers have accepted Five Good Friends Terms and Conditions and signed any specific Service Agreements prior to providing Services. The Helper is responsible for the quality and actual service provision and activities as well as their own safety whilst providing Service to Five Good Friends Members. Helpers will have their own ABN and are responsible for their business activity as a sole trader / business entity.
Helpers are covered under the Five Good Friends insurance policy for public liability, medical malpractice and personal injury.
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 Members that Helpers have warranted that they are / have:
- Capable, skilled, experienced, qualified and properly screened to the best of the ability of Five Good Friends to provide Services for which they are nominated;
- Not prohibited from providing 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;
- A registered, fully comprehensively insured and roadworthy vehicle for driving in Australia if this vehicle is used for transportation services for or with a Member.
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;
- Engage directly with the Member in relation to the provision and payment of Services;
- Be referred to as ‘Corporate Helpers’ (the provisions of this Agreement relating to Helpers also apply to Corporate Helpers).
7. Conduct and Behaviour
You will not misrepresent your identity, health or needs. You will not be discriminating, unlawful, rude, defamatory, harmful, threatening, indecent, harassing, abusive, aggressive or offensive. 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 Helpers.
You will take all reasonable steps to prevent harm to others whilst they are providing Services to you in your home. 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 entice, employ or procure the services of any Five Good Friends Helpers privately / directly to provide Services of a similar nature to those curated by Five Good Friends.
Five Good Friends reserve the right to raise any concerning conduct or behaviour with you and will seek a satisfactory resolution or otherwise Membership may be discontinued.
8. Privacy and Consent
9. Relationship between Parties
As a Member You are not legally affiliated with Five Good Friends and there is no business arrangement intended or created by Your Membership 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 Members is in place whilst the Member’s subscription is active.
10. Complaints and Dispute Resolution
As a Member You can make complaints directly to the Helper and these should be resolved directly between You and the Helpers. 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 Membership can be suspended until matters are resolved. In the event issues cannot be resolved the Member and Five Good Friends both have the right to cancel Membership 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. Fees and Payment terms
Five Good Friends offers 2 paid subscription levels, Starter and Plus.
The chosen plan must be agreed to by the Five Good Friends community manager as suitable for the member, and is subject to review if the member’s needs change over time.
The Starter plan includes:
- Access to Five Good Friends Application and Members Account ( when released)
- An initial meeting with a community Manager to discuss needs
- Matching to helpers as required
- Access to all services offered, excluding Personal Care
The Plus plan includes:
- Access to Five Good Friends Application ( when released)
- An initial meeting with a community Manager to discuss needs and design a Help Plan
- Matching to helpers as required
- Access to all services offered, including Personal Care
- Regular reviews with community manager every 6 months
Subscription Fees will be automatically deducted from Your Account each week in advance, annually in advance if requested.
Services curated by Five Good Friends will be invoiced weekly in arrears and paid for by the Member in accordance with the Service Fees relevant to the Services provided.
Service Fees are rates set by Five Good Friends and are reviewed annually on July 1.
Invoices must be paid in full within 7 days from the date the invoice is issued. All Members are to pay via direct debit to your nominated bank or credit card. You pay Five Good Friends. who will then pay the Helper on your behalf. Five Good Friends has approval to act as the agent for the Helpers.
If a Member cancels a Service with less than 24 hr notice then 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 / provider and there will be no additional cost to the Member. The Helper will not receive any payment for this cancelled Service.
12. Term and Termination
These Terms and Conditions (as amended) shall commence on the date of commencement of Membership and will continue for the duration of Your Subscription.
Five Good Friends can suspend and or terminate Your Membership at any time, without notice, without liability and without refund, if these Terms and Conditions are breeched.
Membership is for a minimum engagement of 12 weeks and then can be cancelled by either party at any time by providing the other party with 30 days’ notice. Suspension or termination of Membership does not void any payment obligations You have already incurred whether such obligation is to Five Good Friends or a Helper.
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 Member 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 the prior written permission of Five Good Friends; 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 Member You understand that in the curation of Services You may be exposed to these third parties. Five Good Friends will screen and verify Corporate Helpers but does not control these entities’ activities. It is Your responsibility to accept Services and Terms and Conditions of these third parties.
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 Members, 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 the relevant Australian laws and legislation applicable where You live, as disclosed in your Account Credentials (or in the case where You enter into this Agreement as an Authorised Representative, then the relevant Australian laws and legislation applicable where the person for whom You are acting lives).
As a Member of Five Good Friends. You understand and acknowledge that the courts of Australia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.