GoodHuman Terms of Service
Last Updated: March 20, 2020
Welcome and thank you for using GoodHuman!
These Terms of Service (“Terms”) set out our commitment to you and govern your use of the GoodHuman Platform. Once you access and use the GoodHuman Platform, you have agreed to comply with these Terms.
The Terms create a legally binding agreement (“Agreement”) between you and GoodHuman. Please read these Terms of Service carefully as they contain important details about your legal rights and obligations. Feel free to contact us with any questions before using the GoodHuman Platform. You can contact us at firstname.lastname@example.org
References to “GoodHuman”, “we” or “us” in these Terms mean our company, Good Human Pty Ltd (ACN 624 884 224). When these Terms mention the “GoodHuman Platform”, we mean the website http://www.goodhuman.me/ the GoodHuman App (“the App”), and any other affiliated platform that may be introduced from time to time, and the services provided through each.
When we mention “you”, we are referring to an individual user registered with the GoodHuman
Platform (“User”, “Service Provider”, “Support Recipient” or “Carer/Family/Friend”). We are providing an online marketplace to connect support communities, so “you” will mean (as the case may be) any of the following:
- an individual who is accessing and receiving support services via the GoodHuman Platform (“Support Recipient”); or
- a carer, family or friend of an individual receiving support services via the GoodHuman Platform, who wants to stay connected with that individual while he or she is receiving support services (“Carer/Family/Friend”); or
- a provider of support services who wants to connect with individuals seeking support services on the GoodHuman Platform (“Service Provider”).
Scope of GoodHuman Services
- GoodHuman is an online marketplace enabling Users to publish content, communicate and connect with each other in the following ways:
- (Service Providers): publish your support services and connect with Users who request your offers for support services;
- (Support Recipient): access, request and engage Service Providers to provide support services to you;
- (Carer/Family/Friend): access, request and engage Service Providers to provide support services to a Support Recipient who has given you authority to do so on their behalf;
- (all Users): publish content on GoodHuman, including information about your support services or personal profiles.
- GoodHuman is a technology services provider. We do not provide health or care services, operate as a health or care services provider nor operate as an agent for the provision of health or care services. Our role is exclusively to facilitate you making connections with other Users on the GoodHuman Platform in relation to support services.
- We are not liable for any health or care services booked using the GoodHuman Platform.
- The services provided by Service Providers through the GoodHuman Platform are non-emergency. If you need assistance for an emergency, you must call emergency services on 000.
- Your relationships (contractual or otherwise) formed with other Users on the GoodHuman Platform are direct relationships between you and the other User to which GoodHuman is not a party. You are responsible for your own actions on and in connection with the GoodHuman Platform. You act exclusively on your own behalf for your own benefit.
- The GoodHuman Platform may contain links to third party websites. We are not liable for these third party services or content. Links to third party website are not an endorsement by us of any third party content or services.
- As the GoodHuman Platform is an online service and due to the changeable nature of the Internet, we do not guarantee that the GoodHuman Platform will be error free, uninterrupted or free of viruses. The GoodHuman Platform may not be available from time to time (including for maintenance purposes).
- GoodHuman reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the GoodHuman Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the GoodHuman Platform will constitute acceptance of the revised Terms.
- We have no control over and do not guarantee:
- the delivery, quality, safety or legality of any support services provided on the GoodHuman Platform;
- the truth or accuracy of any content published on the GoodHuman Platform; and
- the performance or conduct of any User.
- We do not evaluate individuals who register for an Account with the GoodHuman Platform. You should always exercise care and due diligence when deciding whether to engage the service of or interact with another User on the GoodHuman Platform.
- GoodHuman is an online marketplace enabling Users to publish content, communicate and connect with each other in the following ways:
- We will only use the personal information you have provided in accordance with the purpose for which it is collected, and will not share any personal or sensitive information about you without your express written consent.
- We may retain and share global, non-identifying data collected through the GoodHuman Platform (including for commercial purposes such as selling global data). However, we will not share any personal information provided by you or any information capable of identifying you.
Your eligibility, Account and use of the GoodHuman Platform
- To access the GoodHuman Platform, an individual must register for an account (“Account”). Once access is granted, the individual becomes a User.
- To create an Account, and become a User an individual must:
- be at least 18 years of age; or
- if the individual is under the age of 18, the individual must have the permission of a parent or guardian to use the GoodHuman Platform;
- possess the legal right and ability to enter into a legally binding agreement with GoodHuman (unless you are under the age of 18);
- if you are registering an Account for a company or other legal entity, you must have the authority of that entity to bind it to this Agreement; and
- agree to use the GoodHuman Platform in accordance with this Agreement and abide by the GoodHuman Community Standards;
- A User need not reside in Australia to access the GoodHuman Platform.
- By accessing or using the GoodHuman Platform, you represent and warrant that:
- you are over the age of 18 and have the legal capacity and authority to enter into a contract;
- if you are under the age of 18, that you have the permission of your parent or guardian to use the GoodHuman Platform; or
- if you are registering an Account for a company or other legal entity, you have the authority of that entity to bind it to this Agreement.
- In creating an Account, and as part of your continued use of the GoodHuman Platform:
- you may be required to provide personal information about yourself (such as identification and contact details) including but not limited to your email address, name and residential address;
- you will create your own username and password for accessing the GoodHuman Platform. You are responsible for keeping your username and password private and secure. You are also responsible for all use and activity carried out under your Account, unless such actions are not authorised by you or related to any negligence by you and you have complied with all your obligations under this Agreement (including keeping your password secure). You must immediately notify us of any unauthorised use of your username and password or any breach of security in connection with your Account; and
- you must not register more than one Account or transfer your Account to another party.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Users, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
- the GoodHuman Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. GoodHuman is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by GoodHuman of such Third-Party Services.
- Your conduct
You must at all times:
- comply with this Agreement, including the GoodHuman Community Standards hyperlink;
- only publish accurate content in good faith on the GoodHuman Platform (including keeping your personal profile information up to date); and
- promptly and efficiently perform obligations to other Users.
- A User may request a Service Provider’s services as offered on the GoodHuman Platform and the Service Provider may accept or decline this request. Once a request is accepted, a booking is made between those Users. GoodHuman’s role is limited to enabling you to connect and communicate with each other on the GoodHuman Platform.
- A Service Provider may accept or decline a request for services.
- A User may cancel a booking. Each Service Provider will have their own cancellation policy published on GoodHuman.
- You must not use the GoodHuman Platform for any illegal or immoral purpose or engage in any illegal or immoral behaviour on or in connection with the GoodHuman Platform.
- You are solely responsible for compliance with all laws, rules, regulations codes and the requirements of any Commonwealth state and local government department bodies, and public authorities or other authority so far as these may apply to your use of the GoodHuman Platform.
- You indemnify GoodHuman from and against all actions, costs, charges, claims and demands in connection with any breach of clause 3.11.
- You must not hold yourself out as being authorised to exercise any responsibilities for or on behalf of GoodHuman. You are in no way authorised to bind GoodHuman to any contract or create any liability against GoodHuman whatsoever.
- You have full discretion to determine when and for how long you will utilise the GoodHuman Platform.
Terms specific for Service Providers
NDIS:if you are representing that you are a National Disability Insurance Scheme (“NDIS”) provider on the GoodHuman Platform, you warrant that:
- you are and remain registered as an approved service provider with the National Disability Insurance Agency (“NDIA”) and you hold all the necessary and current approvals and documentation to prove that you are a registered, approved NDIS provider; and
- you are and remain compliant with, and have mechanisms in place to ensure your continued compliance with, all legislation applicable to the NDIS.
- Aged Care: if you are representing that you are the provider of aged care services in Australia, you agree to abide by the applicable aged care quality standards as set out in the Quality of Care Principles 2014 made pursuant to the Aged Care Act 1997 as amended or replaced by Parliament from time to time.
- Other health care practitioners/licence/approvals: if you are representing that you are a health care practitioner in a particular field, or that you employ health care practitioners, you warrant that you (or your employees) are appropriately trained to administer the health/care services you are advertising and, where applicable, possess the appropriate registrations and approvals to administer those services.
- Insurance: you warrant that you hold and you agree to maintain certificates of currency for the following insurance policies:
- public liability insurance for an amount of at least $10 million (concerning any one single event); and
- professional indemnity insurance for an amount of at least $2 million (concerning any one single event).
- Your Conduct: in addition to your other obligations under this Agreement, you must:
- act in each Care Recipient’s best interests when providing health, aged care or other care services, including putting each Care Recipient’s health and safety first;
- treat Care Recipient’s with dignity and courtesy, including respecting and acting on each Care Recipient’s wishes in relation to care services; and
- actively seek and obtain the consent of each Care Recipient’s before administering any health or care services.
- You are liable for any expenses you incur in conducting your services through the GoodHuman Platform.
- NDIS:if you are representing that you are a National Disability Insurance Scheme (“NDIS”) provider on the GoodHuman Platform, you warrant that:
Termination and Suspension
- This Agreement is effective upon being entered into and until such time as it is terminated in accordance with this clause 5.
- This Agreement terminates automatically if, for any reason, GoodHuman ceases to operate the GoodHuman Platform.
- We may restrict or suspend your access to the GoodHuman Platform or terminate this Agreement immediately, on notice to you by email, if:
- you have materially breached your obligations under this Agreement;
- you have violated applicable laws, regulations or third party rights, or
- we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Users or GoodHuman or third parties (for example in the case of fraudulent behaviour of a User).
- We may otherwise terminate this Agreement by giving 30 day’s notice to you by email.
- You may termination this without cause at any time by deleting your Account or uninstalling the App.
Intellectual Property Rights and Content
- For the purposes of this clause, Intellectual Property means all intellectual property rights, including copyright, design, patent, trademark, semiconductor, circuit layout; trade, business, company or domain name; and know-how, inventions, processes, confidential information (whether in writing or recorded in any form); other proprietary rights arising from intellectual activity in the business, industrial, scientific or artistic fields.
- The GoodHuman Platform is protected by Intellectual Property laws. All information, text, images, graphics, logos, trade marks (whether registered or unregistered) and video (the “Content”) contained on the GoodHuman Platform is owned by or licensed to GoodHuman and remains the property of their respective owners.
- Use of the GoodHuman Platform and use of and access to any published Content does not grant or transfer any rights, title or interest to you or the User in relation to the GoodHuman Platform or content.
- GoodHuman grants you a non-exclusive, worldwide, non-transferrable licence to use the GoodHuman Platform and Content solely in accordance with this Agreement.
- You may submit, upload or publish Content on the GoodHuman Platform from time to time including but not limited to textual, audio and/or visual content and information Content in connection with:
- your provision of care services or experience of receiving care services (for instance, Content published by you for the purpose of providing updates to friends and family who are Users); or
- information that you publish about yourself (for instance, a description of your services or your personal profile and care requirements).
- You grant GoodHuman an irrevocable, non-exclusive licence to use the Content created and published on the GoodHuman Platform under clause 6.5, including any Content created and published on the GoodHuman Platform by a person employed by you who is also a User.
- You agree that any Content provided on the GoodHuman Platform (whether by GoodHuman or you) may not be used on third party sites or for other business purposes without GoodHuman’s prior written consent, unless that Content was already used and published by you prior to you entering into this Agreement and/or using the GoodHuman Platform. You acknowledge and agree that you must only make use of the Content in good faith, particularly with regard to the privacy and any wishes or requests of any User as communicated to you by that User.
- You may access and use the GoodHuman Platform (including any incidental copying that occurs as part of that use) in the normal manner for the sole purpose of connecting with other Users for the provision of care services in accordance with this Agreement.
- You must not add any content to the GoodHuman Platform:
- unless you hold all necessary rights, licences and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring GoodHuman, or the GoodHuman Platform, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- You acknowledge and agree that GoodHuman retains complete editorial control over the GoodHuman Platform and may alter, amend or cease the operation of the GoodHuman Platform at any time in its sole discretion.
GoodHuman’s Role, Disclaimers and Liability
- We accept no liability for any part of your relationship and interaction with other Users, including but not limited to a User’s ability to pay for or provide services. GoodHuman does not evaluate Users in any way and is under no obligation to involve itself in any dispute between Users.
- We provide the GoodHuman Platform and related services on an “as is” and “as available” basis.
- We do not guarantee that services will be utilised or provided by Users on the GoodHuman Platform.
- The GoodHuman Platform is provided by GoodHuman without any warranty or condition, express or implied. To the extent permitted by law, GoodHuman specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- To the full extent permitted by law, GoodHuman excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- To the full extent permitted by law, GoodHuman excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.
- This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, GoodHuman limits its liability in respect of any claim to, at its option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- in the case of goods:
- Nothing in this Agreement purports to modify, exclude or limit the conditions, warranties and undertakings, and other legal rights, under the Competition and Consumer Act 2010 (Cth) and other laws. Any other warranties or conditions which are not guaranteed by the Australian Consumer Law or the Competition and Consumer Regulations 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.
You agree to indemnify GoodHuman, its affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with:
- your use of the GoodHuman Platform or services or goods obtained through your use of the GoodHuman Platform;
- your breach of this Agreement; and
- your violation of the rights of any third party, including other Users.
Jurisdiction and Governing Law
Your use of the GoodHuman Platform and this Agreement is governed by the law of Victoria, Australia and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia.