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What is the Companionship Agreement?

This agreement governs the relationship between a Social Carer and a Member in respect of services provided by a Social Carer to a Member at the Member’s request.

When you first sign up to use the Platform, as either a Social Carer or a Member, you will have accepted either the Member or Social Carer terms and conditions (whichever is applicable to your status). These terms and conditions are an agreement between you and Like Family containing the terms and conditions governing your use of the Platform. 

The terms and conditions of this agreement apply each time a service is provided by a Social Carer to a Member at the Member’s request.

Reference in this agreement to ‘Social Carer’ means the person providing Social Carer Services to a Member and a reference to ‘Member’ means the person receiving the benefit of those services. 

Like Family may amend these terms and conditions at any time. Like Family will notify the Social Carer and the Member of the change. Continued use of the Like Family platform after such notification will constitute acceptance of the amended terms and conditions. 

Definitions and Interpretation

In these terms and conditions, the definitions have the following meanings:

Social Carer Services means the non-medical care and companionship services which the Social Carer promotes and provides to the Member. 

Law means any Commonwealth, State, Territory or local government legislation in force in Australia.

Service Fee means the fee charged by a Social Carer to a Member for that Social Carer’s Services.

In these terms and conditions, unless the context otherwise requires:

Words denoting any gender include all genders;

Headings are for convenience only and do not affect interpretation;

The singular includes the plural and vice versa;

A reference to a party includes its successors and permitted assigns;

A reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and

A reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them. 

Obligations

The Social Carer promises to the Member that the Social Carer will: 

Behave in a manner that is consistent with Like Family Code of Conduct

Provide the Social Carer Services with reasonable care and in accordance with all applicable Laws.

The Member promises to the Social Carer that the Member will:

Behave in a manner that is consistent with Like Family Community Guidelines

Comply with all applicable Laws when receiving the Social Carer Services.

All arrangements for the provision of Social Carer Services by the Social Carer to the Member must be undertaken through the Platform.

Any information provided by the Social Carer to the Member or the Member to the Social Carer that is of a private or confidential nature must be kept confidential by the recipient unless they think you're at risk of harm or in danger.

Bookings

The Social Carer may decline a booking for the Social Carer Services if the Member’s needs change and/or the Social Carer is not confident they can continue to provide the Social Carer Services to the Member. 

The Social Carer will give as much notice as they can if an event occurs (beyond their control) that prevents them from providing Social Carer Services in accordance with a booking. 

Fees

In return for the Social Carer providing the Social Carer Services to the Member, Like Family as agent for the Social Carer will invoice the Member the agreed fee for the Social Carer Services provided which fee will be payable by the Member within 30 days.  

Like Family will collect, as agent for the Social Carer, the Service Fee paid for the Social Carer Services provided by the Social Carer to the Member.

Providing community participation supports may, at the request of a member, involve a worker accompanying a participant on a community outing and/or transporting a participant from their home to the community. In these situations, the worker’s time can be claimed at the agreed hourly rate for the relevant support item for the total time the worker provides support to one or more participants, including time spent accompanying and/or transporting the participant. Where a provider is transporting two or more participants on the same trip, the worker’s time should be claimed at the appropriate group rate for the relevant support.

This claim should be made using the relevant community participation support item and against the participant’s core budget. In essence, the participant transport is a part of the community participation activity and should be billed accordingly.

General

As a reminder:

The Social Carer has the benefit of a limited liability insurance policy established by Like Family for the benefit of its Social Carers. 

Members are encouraged to obtain their own insurance to provide cover in respect of any liability arising from:

Damage to the Member’s property whether or not caused by a Social Carer; and

Death of or injury to any person at the Member’s property whether or not caused by a Social Carer. 

Except as expressly provided to the contrary in this agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent (ii) employer and employee.

These terms and conditions (and any document incorporated by reference in it) record the entire agreement between the Social Carer and the Member in relation to the provision of Social Carer Services by the Social Carer to the Member.