Terms and Conditions

Welcome to https://tappon.co(Website). 

tappON Pty Ltd (ACN 625 504 323) (tappON, we, us, our) owns and operates the platform available at our Website and/or associated applications available for download on Android or Apple portable electronic devices from time to time.

tappON enables registrants to connect with one another for either the provision or receipt of services in the health and disability support sector (Services), where registrants can create a profile, make a listing to receive or provide the Services, compare prices, and communicate directly with one another within the platform to book and pay for the Services. 

Registrants identify as either Users seeking Services, or as Service Providers providing Services.  Access is granted to registrants following successful completion of our registration process.  Registrants may be subjected to our internal review processes, which may involve additional checks from time to time. 

Terms and Conditions for Service Provider

This Website gives you an opportunity to market your Services to our tappON community.

These Terms and Conditions (Terms) govern your participation as a Service Provider (Service Provider, you, your) on our Website and form a binding contractual agreement between you, and tappON.

For that reason, these Terms are important and you should ensure that you read them carefully and contact tappON at info@tappon.coif you have any questions before registering to become a Service Provider on the Website.

By registering as a tappON Service Provider, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and that you agree to be bound by them.  If you do not agree to these Terms, please do not register to become a Service Provider.

These Terms were last updated in July 2018.

1               DISCLAIMER AND RELATIONSHIP

1.1           This Website is an e-commerce platform designed for registrants to seek specific Services from registered Service Providers at the prices listed within a secured online community. 

1.2           While tappON owns and operates the Website, it exists to connect registrants and facilitate the provision of Services, as between registrants as Service Providers and Users. 

1.3           tappON is only an intermediary that facilitates the provision of selected information about registrants.

1.4           By creating a profile and listing any of your Services and the Service fees on our Website, you understand and agree to provide those Services to the User, or Individual to receive the benefit, on terms to be agreed between you and the User or Individual to receive the benefit. 

1.5           You acknowledge and agree that your engagement with any User for your Services, creates a new legal relationship that is entirely independent of tappON and its employees, principals or partners, directors, affiliates or agents.

1.6           There is no privity of contract between you and us for the Services you provide to a User or an Individual to receive the benefit. 

1.7           tappON is not responsible for and expressly disclaims all liability from any claims whatsoever arising from the Services you provide as a Service Provider to any User or Individual to receive the benefit, whether as a registrant to the Website or otherwise, to the full extent permitted by law. 

2               MEDICAL DISCLAIMER

2.1           tappON is not a referral service and does not recommend or endorse any particular registrant, whether as an User or Service Provider.

2.2           tappON does offer advice regarding the quality or suitability of any particular registrant for specific treatments or health conditions, and no information on this Website should be construed as health and/or medical advice and/or recommendations.

2.3           The ratings, reviews and registrant information consist of statements of opinion and not statements of fact or recommendations to utilise the Services of any specific Service Provider or User.

2.4           You assume all responsibility in connection with choosing any User, whether or not you obtain information about such User on or through the Website.

2.5           tappON assumes no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other Services rendered by you or any Service Provider, or for any malpractice claims and other claims that may arise directly or indirectly from the provision of your Services or any other actions of any Service Provider.

2.6           No advice or information, whether oral or written, obtained by you from us through the Website, Services, or otherwise, will create any warranty, representation or guarantee not expressly stated in these Terms.

2.7           You bear the sole responsibility and liability for maintaining backup or archive copies of your data, negotiations with the User, and/or submissions to the Website and Services.

3               BECOMING A SERVICE PROVIDER

Registration process

3.1           Service Providers must register online to receive access to the Website.

3.2           When registering as a Service Provider, you must provide accurate, complete and up-to-date registration information and documentation, as requested.

3.3           At all times, it is your responsibility, to inform tappON of any changes to your information and documentation, whether at the time of registration or following successful registration to our Website. 

3.4           You agree to provide the required information and documentation to verify and evidence the following to tappON:

(a)            Your personal details, including full name, date of birth, email address, residential address including postcode and, relevant State/Territory location.

(b)            Your business, including the following:

(i)             Registered business/company name;

(ii)            Registered trading name;

(iii)           ACN/ABN;

(iv)           Registered address; and

(v)            GST eligibility.

(c)            Your resume.

(d)            Your occupation and details of your membership to any professional and/or governing body or association, including whether you are a health practitioner and duly governed by AHPRA. 

(e)            Your identity, including a government issued identification card or passport.

(f)             Valid and current clearances and checks including:

(i)             Working with children check;

(ii)            Working with vulnerable people check (persons with a disability); and/or

(iii)           Police criminal record check;

(g)            Valid and current insurance policies including both professional indemnity insurance and public and/or private liability insurance, together with certificates of insurance and details of policy and coverage.

(h)            Two qualified referees, and their professional contact details including full name, company/business, and telephone numbers.

(i)             Two professional written references.

(j)             Qualifications including copies of degrees, diplomas and relevant certifications.

(k)            Current licences, memberships and registrations to practice in your chosen occupation.

3.5           You authorise us to conduct background checks with various third party providers including but not limited to credit reporting agencies, government departments and bodies such as the police, health agencies such as AHPRA, and any others to verify the information and documentation provided during the registration process. 

3.6           To the extent that the Service Provider provides personal information, tappON will treat such information strictly in accordance with our Privacy Policy, which can be found here.

3.7           To the extent that the Service Provider receives personal information about a User or Individual to receive the benefit, the Service Provider agrees to treat such information strictly in accordance with the tappON Privacy Policy, which can also be found here.

Rules of Registration

3.8           Service Providers must not register multiple times, impersonate nor create an account for, or on behalf of any person other than itself, or for any other Service Provider.

3.9           Service Providers must ensure the security and confidentiality of their registration details, including any username and/or password assigned to the Service Provider.

3.10        Service Providers may not transfer their account to any other person or legal entity. 

3.11        Service Providers must notify tappON immediately if they become aware of any unauthorised use of their account. 

3.12        tappON reserves the right to, in its sole discretion, suspend or terminate the Service Provider’s access to all or any part of the Website, including if tappON believes that the Service Provider is abusing the Website in any way, has breached the Terms or is no longer an active Service Provider.

3.13        Once your registration is complete, you will receive an automated email to confirm your log-in to the tappON community via our Website. 

3.14        You must log-in to the tappON portal hereor otherwise follow the hyperlink you receive in the automated email, to complete the log-in process. 

3.15        Once you have logged in to the tappON portal, and confirmed your username and password, you will have successfully logged-in to the tappON community.

3.16        Upon successfully logging-in to the tappON community, you will be able to create your tappON Profile. 

3.17        All registrants must create a tappON Profile so that you may appear and connect with other registrants in the tappON community.

3.18        Upon registering as a Service Provider you warrant and represent that:

(a)            You are who you say you are;

(b)            You are qualified, licenced, and registered with the relevant professional or departmental bodies to allow you to practice in your chosen profession;

(c)            You are able, willing and capable of performing the Services you are offering without restriction or limitation;

(d)            You will perform your duties with due care and skill to the standard required by law; 

(e)            You will obtain all information and documentation required from the User or User to receive the benefit, in advance of providing the Services and the scheduled booking, and in order to perform your duties in accordance with applicable legislative and regulatory requirements;

(f)             You will make any required disclosures to the User at all relevant times. 

Review process

3.19        As part of its internal review processes tappON may from time to time request the same or similar information and documentation requested during the registration process, and conduct similar checks to verify the Service Provider’s identity, and their corresponding qualifications, licences and registration, or other requisite documentation. 

Continuation of registration

3.20        Your registration to the platform continues unless there is:

(a)            Any period of inactivity of least 12 months, where tappON reserves the right to discontinue your service with prior notification through the platform to you;

(b)            Your discontinuance or cancellation of your registration, by providing written notice to us that you no longer wish to continue your registration, by way of email to us at info@tappon.cowith “Discontinue/Cancel Registration” in the subject line which we will action within 30 calendar days of that notice;

(c)            Any other grounds to do so, in accordance with clauses 14 and 15, or otherwise to ensure the safety of all registrants which is to be determined by us in our sole discretion. 

Refunds

3.21        tappON does not provide refunds under any circumstances, regardless of whether you have received any benefit from the registration or not; unless otherwise required or compelled to do so by a Court of competent jurisdiction under the Australian Consumer Lawor any other applicable legislation. 

4               SERVICE PROVIDER PROFILE

4.1           All Service Providers are required to create a tappON Profile, and ensure that the information provided to create and maintain your profile is accurate and up-to-date at all times. 

4.2           You are required to provide the following information to create your tappON Profile:

(a)            Your full name;

(b)            Your contact details, including email account, mobile and other telephone numbers, residential address; and

(c)            Your business details including ABN/ACN, registered business/company name, any applicable trading name, registered address, GST eligibility.

5               SERVICE PROVIDER’S LISTING

5.1           You must have a valid and up-to-date profile before you can create a Service Provider listing on our Website.

5.2           To create your listing, you must fill out the online form, which requires the following information:

(a)            Listing title;

(b)            Price per hour (which is the total price before the deduction of the Listing Fee or any associated payment processing fees);

(c)            Detailed description about you, or the Services;

(d)            Details of your qualifications, certifications, licenses and registrations; and

(e)            Identification of the Services you are duly authorised to provide, according to the selections on the form, where you warrant you will check the boxes applicable to you.

5.3           All listings will be made available on the Website.

5.4           tappON provides no guarantees relating to the placement of any listing.

5.5           Service Providers warrant that the information provided in the Service Provider Content and any listing is, and will continue to be, true and accurate.

5.6           tappON recommends that Service Providers review their own listing at least monthly to ensure compliance with these Terms and any applicable legislation and regulations for the provision of the Services.

6               WARRANTIES AS TO LISTING OF SERVICES

6.1           You warrant that:

(a)            The information you provide in respect of your Services is accurate and truthful such that an User or Individual to receive the benefit can make an informed decision with respect to your Services.

(b)            Any listing on our tappON community is compliant with the Australian Consumer Law, having regard to provisions including but not limited to advertising services, warranties as to services, consumer guarantees, and regulations on pricing and other rights and obligations whether under the ACL or within the Competition and Consumer Act 2010 (Cth), which cannot be excluded by you by law. 

6.2           Where you are a health practitioner who is duly governed by AHPRA, you further warrant that:

(a)            You notified us of this at the time of registration;

(b)            Any listings or advertisements of your Services within our tappON community must strictly relate to the promotion of the Services and the cost of those Services; and

(c)            You will not publish, or cause to be published, any comments or testimonials regarding the provision, performance or quality of your Services within our tappON community.

7               WARRANTIES AS TO SERVICES

7.1           You agree to make due enquiry with each User prior to the commencement of your Services for that User or Individual to receive the benefit, within the tappON community, and warrant that:

(a)            You have the necessary consent and are authorised to provide the Services to that User or Individual to receive the benefit, and ensure that each User or Individual to receive the benefit can make decisions about their own Service needs, or that you are otherwise compliant with enduring or other powers of attorney, guardianship documentation, any Advanced Care Directives or Plans, which directives, guidelines and plans may vary from State to State, and as amended from time to time; and

(b)            You will perform your duties in accordance with any applicable NDIS Plan, as provided for in the NDIS Act, as amended from time to time. 

7.2           You warrant to the tappON community, and to any User or Individual to receive the benefit in receipt of your Services, that:

(a)            You agree to offer and provide your Services in accordance with these Terms.

(b)            You will ensure confidentiality of your client is maintained at all times, where your client may be a User or an Individual to receive the benefit.  The obligations under this clause do not apply to the extent that:

(i)             any information is publicly available (other than as a result of yours, ours, or a client’s breach of these Terms);

(ii)            any information is lawfully provided to a you, us or your client by a third party;

(iii)           you, us or your client is required by law to disclose the information (and prior notice of the disclosure is given to the other parties); or

(iv)           you, us or your client is required by these Terms to disclose the information to a third party.

(c)            Your Services are to be provided with due care and skill, to the requisite standard required by law, on time, and in accordance said booking, or as otherwise agreed between User and Service Provider.

(d)            You will perform your duties safely and adhere to all applicable industry standards, workplace health and safety practices in accordance with State and National Workplace Health and Safety legislation and regulations.

(e)            You are cognisant of the NSW Carer’s Charter, or any other such applicable charter in recognition of carers as between States, as the case may be.

(f)             To the extent that the NDIS Scheme is applicable to a User or Individual to receive the benefit of your Services, you warrant that you are compliant with the NDIS Scheme in the provision and performance of your Services.

(g)            You are compliant with the NDSS and the NSW Disability Services Standards, and which standards accord with the principles of the Disability Inclusion Act 2014 (NSW) as amended from time to time; or are otherwise compliant with such other applicable standards, legislation and/or regulations that may vary from State to State, and as amended from time to time. 

(h)            You are authorised to engage and provide Services to Vulnerable persons, and you are compliant with the Department of Social Services’ (NSW)policy for working with Vulnerable persons, as amended from time to time; or are otherwise compliant with relevant departments that may vary from State to State’s applicable policies in this regard, and as amended from time to time.

(i)             You are otherwise compliant with any other professional obligations and governing bodies, including with occupation and industry specific legislation and requirements relevant to your occupation, as amended from time to time, in the provision and performance of your Services.

(j)             You have and maintain the necessary and applicable licences, registrations and insurances required in the performance of your Services including professional licences and registrations, driver’s licences, professional indemnity insurances, worker’s compensation insurances, public liability insurance, and comprehensive car insurance.

8               SERVICE PROVIDER FEES

8.1           You acknowledge and agree that all Services you wish to offer to Users must be listed on our Website for a fee.

8.2           The Listing fee is calculated as twenty per-cent (20%) of the total Service fee booked on each occasion.

8.3           You acknowledge and agree that it is your sole responsibility as a Service Provider to maintain and update the Service fee and Listing fee from time to time, to reflect the price as agreed between you and the User of your Services for each booking. 

8.4           Nothing in these Terms is intended to exclude any right for any party to negotiate a fair price for the Services in accordance with the NDIS Scheme or any other legislative scheme for the Services.

8.5           All Services fees are to be displayed at hourly rates, which are to be maintained and managed solely through the Website.

8.6           All Service and other fees such as Listing fees, become due and payable at the time of booking on the Website.

8.7           You acknowledge and agree that the Listing fee is payable to tappON through the Website and the applicable payment provider from time to time.

8.8           It is the Service Provider’s sole responsibility to ensure that the Service and/or Listing fee charged at the time of booking is accurate.

9               BOOKINGS AND CANCELLATION

9.1           You acknowledge and agree that all Services must be booked through the Website.

9.2           Booking availability is dependent upon each Service Provider, and so tappON encourages its Users to contact Service Providers directly through the platform to discuss their needs in advance of making a booking.

9.3           Once booked, the Services are to be provided on the terms as agreed between the Service Provider and User, or Individual to receive the benefit.

9.4           Any modifications or cancellations to a booking for Services remains in the sole discretion of the Service Provider.

9.5           You acknowledge and agree that as the Service Provider you will list any applicable booking modification and cancellation policies online on our Website and observe strict compliance with the published policies from time to time.

9.6           Users may only modify or cancel a booking for Services in accordance with each Service Provider’s own booking modification or cancellation policy in force and as stated on the Website from time to time.

10            PAYMENTS

10.1        All payments for Services are to be made in Australian Dollars ($AUD) and payable through the Website.

10.2        Invoices are automated through the online payment system and generated after payment is received. 

10.3        All payments are automated and managed by an external third party provider via Stripe Connect hosted by Stripe Payments Australia Pty Ltd ACN 160 180 343 (Stripe).  Please refer to Stripe’s Terms and Conditions available at www.stripe.com/au/legal. 

10.4        Stripe may charge a payment processing fee for automating and managing payments and/or invoicing on the Website (Stripe fee).

10.5        Service fees paid by Users to Service Providers via the Website will be held by Stripe and may be subject to a Stripe fee. 

10.6        Listing fees paid by Service Providers to tappON via the Website will be held by Stripe and may be subject to a Stripe fee.

10.7        You acknowledge and understand that as a Service Provider you are solely entitled to the Service Fee minus any deductions in the form of a Listing fee charged by tappON and applicable Stripe fee for each transaction.  

10.8        Stripe may take up to 14 days to process payments and remit service fees and/or listing fees, subject to any applicable Stripe fees, to the Service Provider or tappON as the case may be.

10.9        tappON is not responsible for the payment, collection or recovery of any fees whatsoever, whether for the Listing fees, Service fees or Stripe fees.  

10.10       In the event that you fail to make, or are otherwise in default of, any Listing fees or amounts due and payable under these Terms for a period of at least 30 calendar days from the due date of payment, tappON reserves the right to:

(a)            Charge interest on all outstanding amounts in accordance with the Cash Rate target plus 4% set by the Reserve Bank of Australia from time to time;

(b)            Report the balance of any outstanding amounts owed to tappON pursuant to these Terms to any credit reporting agency; and

(c)            Assign any of its rights to enforce any debts due and owing to tappON, in whole or in part, to a third party;

without further notice to you.

10.11       You agree to indemnify tappON from and against all costs and disbursements incurred by tappON in recovering outstanding amounts owed by you, as the Service Provider, including but not limited to any internal administration fees, legal costs on an indemnity (solicitor and client) basis, collection agency fees, and/or bank dishonour fees.

10.12       tappON reserves the right to amend its payment terms from time to time in accordance with clause 20.1. 

11            PRICES AND GST

11.1        All prices on our Website are in Australian dollars ($AUD). 

11.2        Unless stated otherwise, all prices referred to for any Services supplied (or offered for supply) via the Website are stated as exclusive of GST, unless stated otherwise at the time of booking.

11.3        All prices as stated are the total price before any deductions are made for applicable Listing fees or Stripe fees. 

12            INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS NOTICE

12.1        tappON reserves all intellectual property rights, including but not limited to copyright in content on this Site. The content on this Website is protected by copyright under the Australian Copyright Act 1968 (Cth)and, through international treaties, in other countries. Content displayed on or via the Website is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions.

12.2        The Service Provider agrees not to copy, distribute or modify content from the Website without our express written consent.

12.3        The Service Provider may not disassemble, decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website. Without limiting the foregoing, the Service Provider agrees not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Website (other than Service Provider Content).

12.4        You acknowledge that you do not acquire any ownership rights by using the content on our Website or the Website itself.

12.5        The trade marks, logos, and service marks displayed on our Site are the registered or unregistered trademarks of tappON. The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to tappON, in any manner that is likely to cause confusion with customers, or in any manner that disparages tappON.

12.6        Nothing contained on this Site or in our tappON should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade mark without our express written permission.

12.7        Violations of our copyright, trademarks and other proprietary rights and is strictly prohibited and you agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that tappON will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.

13            SERVICE PROVIDER CONTENT

13.1        By registering, creating a profile, logging in, listing, uploading, transmitting, posting or otherwise making available any content on the Website (Service Provider Content), the Service Provider:

(a)            grants tappON a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Service Provider Content in any form and for any purpose;

(b)            except where expressly stated otherwise, also grant each user of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Service Provider Content in any form for any purpose, subject to the Terms;

(c)            warrants that the Service Provider has the right to grant the abovementioned licences;

(d)            warrants that the Service Provider Content does not breach the Terms; and

(e)            consents to any act or omission which would otherwise constitute an infringement of the Service Provider’s moral rights, and if the Service Provider add any content in which any third party has moral rights, the Service Provider must also ensure that the third party also consents in the same manner.

13.2        tappON reserves the right (but has no obligation) to:

(a)            review, modify, reformat, reject or remove any Service Provider Content which the Service Provider uploads, posts, transmits or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in tappON’s opinion, violates the Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and

(b)            monitor use of the Website, and store or disclose any information that tappON collects, including in order to investigate compliance with the Terms or for the purposes of any law enforcement, government, or judicial investigation, request or order.

14            CODE OF CONDUCT

14.1        tappON want to ensure that the Website is useful, clean, friendly and as easy to use as possible for everyone.  Content that falls outside the rules stated in our Terms may be removed from the Website.

14.2        tappON may issue warnings, limit or terminate service, remove hosted content and take technical and legal steps to keep users off the Website, if tappON think they are creating problems or not acting in accordance with our policies.  However, tappON does not accept any liability for monitoring or for unauthorised or unlawful content on the Website or use of the Website by Service Providers.

14.3        As a condition of your use of the Website you agree that you will not:

(a)            violate the rules or guidelines on posting content;

(b)            harvest or otherwise collect information about others, including email addresses, without their consent;

(c)            bypass measures used to prevent or restrict access to the Website.

(d)            use the Website in breach of any applicable legislation, standards or regulations;

(e)            use the Website:

(i)             to impersonate any person or entity;

(ii)            to solicit money, passwords or personal information from any person;

(iii)           to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(iv)           for any unlawful purpose;

(f)             use the Website to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Service Provider Content that:

(i)             is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;

(ii)            is false or misleading;

(iii)           contains, promotes, or provides information about unlawful activities or conduct;

(iv)           is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Service Provider Content that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;

(v)            exploits another person in any manner;

(vi)           includes an image or personal information of another person or persons unless you have their consent;

(vii)          poses or creates a privacy or security risk to any person;

(viii)        You know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;

(ix)           contains large amounts of untargeted, unwanted or repetitive content;

(x)            contains restricted or password only access pages, or hidden content;

(xi)           contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;

(xii)          contains financial, legal, medical, health, nutritional or other professional advice;

(xiii)         interfere with, disrupt, or create an undue burden on the Website;

(xiv)         use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;

(xv)          use the Website with the assistance of any automated scripting tool or software;

(xvi)         frame or mirror any part of the Website without our prior written authorisation;

(xvii)       use code or other devices containing any reference to the Website to direct other persons to any other web page;

(xviii)       except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or

(xix)         delete any attributions or legal or proprietary notices on the Website.

14.4        The Service Provider is solely responsible for all information that the Service Provider submits to the Website and any consequences that may result from the Service Provider Content.

14.5        tappON reserves the right at our discretion to remove any Service Provider Content that tappON feels is inappropriate, breaches these Terms, is not relevant, or of value to the Website or tappON community, with or without notice to the poster.

15            ACCESS TO THE WEBSITE

15.1        While tappON will use reasonable endeavours to ensure that the Website is available continuously, tappON does not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.

15.2        Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.

15.3        Except as expressly provided otherwise in the Terms, tappON reserve the right to change or discontinue any Website, feature or service (or part thereof) on the Website at any time.

16            LINKS

16.1        You may create links from your (as a Service Provider’s) website to our Website, however you must not use our trademarks or logos for this purpose unless you have tappON’s prior written consent.

16.2        Our Website may contain links to websites not owned or operated by tappON, where we do not accept liability for the availability or content of these external websites.  Your use of any linked sites will be subject to the terms of use and service contained within each external website.

17            LIMITATION OF LIABILITY

17.1        The disclaimers, liability limitations and indemnities within these Terms do not exclude rights that by law may not be excluded including but not limited to, those rights under the Australian Consumer Law.

17.2        tappON does not make any express or implied representation or warranty about, or shall be liable, in contract, tort, including negligence or strict liability in tort, by statute or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with any of the Services provided by you, or the content of our Website.

17.3        You agree that tappON will not be liable for any loss or damage which incurred as a result of the Services provided by any Service Provider, or the use of this Website, including without limitation, damage caused by you, the person in receipt of care, access delays, computer viruses, system failure or malfunction which may occur in the performance of your duties, or during your use of the Website, including hyperlinks to or from third party websites.

17.4        Should tappON be liable to you or any third party in connection with our Website or the Services provided (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) any liability is strictly limited to the Listing fee which is the total amount of fees paid by the Service Provider to tappON pursuant to these Terms.

18            INDEMNITY

18.1        You indemnify us from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damages (including but not limited to legal costs and disbursements on a full indemnity basis) whether incurred or suffered by you, or us, as a direct, or indirect consequence of using, or attempting to use our services or our Website, or for any breach of these Terms by you, or your employees, principals or partners, directors, agents or authorised representatives.

18.2        We are not responsible, and expressly limit our liability to the extent permitted by law in accordance with clause 17 above, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Website, the tappON community, or by engaging with us for our services.

19            DISPUTE RESOLUTION

19.1        If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause 19.

19.2        Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.

19.3        In the case of claims against us, all notices are to be provided to info@tappon.co.

19.4        If the dispute is not resolved by agreement within five business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further five business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited. 

19.5        Once a mediator is appointed, the parties agree that:

(a)            The costs of the mediator shall be borne equally between the disputing parties.

(b)            The chosen mediator shall determine the procedures for mediation.

(c)            The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.

19.6        If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.

20            GENERAL

20.1        tappON may change all or part of the Terms at any time in its sole discretion.  In that event, the updated Terms will be sent to you by email, or otherwise published on our Website.

20.2        If you object to any changes to the Terms, your only remedy is to immediately cancel your registration as a Service Provider.

20.3        If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

20.4        If we do not enforce a specific provision of these Terms, tappON is not taken to have waived its right to do so later. If a court reads down, or strikes out any of these terms, the remaining terms will survive.

20.5        tappON may assign, or licence, any or all its rights and obligations under these Terms, in its sole discretion.

20.6        The Service Provider may not assign, sublicence or otherwise deal in any other way with any of the Service Provider’s rights under these Terms.

20.7        Save as to payment terms governed by Stripe, these Terms together with any policies published on our Website from time to time shall constitute the entire and only agreement between tappON and the Service Provider, superseding any prior agreements, conduct, representations and understandings.

20.8        These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia.  You consent to the exclusive jurisdiction of the courts in New South Wales, Australia to determine any matter or dispute which arises under the Terms.

21            DEFINITIONS

The following definitions apply to these Terms:

21.1        ABN means Australian Business Number, which is assigned to any duly registered business in Australia.

21.2        ACN means Australian Company Number, which is the assigned to any duly registered and incorporated company in Australia.

21.3        Advanced Care Directive means your documented directive concerning decisions about your future care, including what healthcare treatments you would like, or refuse, in the event of incapacity, and nominates an alternate decision-maker to act on your directives in that event, and if valid, must be followed.   This document may co-exist together with an Advanced Care Plan. 

21.4        Advanced Care Plan means your documented values, beliefs and preferences for medical care or healthcare and preferred health outcomes, in the event of incapacity.  This document may co-exist together with an Advanced Care Directive.

21.5        AHPRA means the Australian Health Practitioner Regulation Agency, and which agency has its own set of regulations that govern health practitioner standards and behaviour, including but not limited to standards for online conduct and advertising. 

21.6        Allied Health Professionals means those healthcare professionals within the care, disability support and health sectors in accordance with the Allied Health Professions Australia.

21.7        Australian Consumer Law (ACL) means Schedule 2 to the Competition and Consumer Act 2010(Cth), as amended from time to time. 

21.8        GSTmeans the Australian goods and services tax charged pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time. 

21.9        Individual to receive the benefit means a person who is to be the recipient of the Services from a User via the Website .

21.10       Listing means any Services that are listed by Service Providers and which are available for Users to book via the Website.

21.11       Listing fees means any fees payable by a Service Provider to us for the listing of your Services.

21.12       NDIA means National Disability Insurance Agency, which is the government organisation that is responsible for the NDIS across Australia.

21.13       NDIS means National Disability Insurance Scheme, in accordance with the arrangements set out in Chapters 2 and 3 of the NDIS Act, as amended from time to time; or otherwise, which is the scheme for supporting people with permanent and significant disability which impacts on their ability to take part in everyday activities. 

21.14       NDIS Act means theNational Disability Insurance Scheme Act 2013(Cth), as amended from time to time. 

21.15       NDIS Plan for a participant, means the participant’s plan that is in effect under section 37 of the NDIS Act; or otherwise the plan each participant has which includes information about the person’s support needs, goals, and informal and formal supports, as well as details of the person’s funding for support, and is developed by the person with a disability together with a Local Area Coordinator (LAC) or NDIA Planner. 

21.16       NDSS means National Disability Services Standards and which are standards reflecting contemporary practices that place people with disability at the centre of decision making and choice about their support and services, govern how clients are to be treated when they use disability services and are applicable to all disability service providers. 

21.17       Participant means a person with a permanent and significant disability who has been assessed as meeting the NDIS participation criteria under the NDIS Act. 

21.18       Vulnerable persons means a child, or children; or an person aged 18 years and above who is or maybe unable to take care of themselves, or is unable to protect themselves against harm or exploitation by reason of age, illness, trauma or disability, or any other reason. 

21.19       Services means any personal and domestic care, support and assistance, disability care and support, or allied health care services offered by the Service Providers for Users or Individual to receive the benefit, as listed on our Website from time to time.

21.20       Service fees mean any fees payable by the User to you for the Services. 

21.21       Service Provider means a self-employed person, contractor, or legal entity, with an Australian Business Number (ABN). 

21.22       Service Provider Content means any text, images, graphics, audio, video, information or other Content that the Service Provider makes available to tappON or via the Service Provider’s Website, including any Content licensed from a third party, but excluding tappON Content.

21.23       Service Provider Portal means portal that Service Providers exclusively have access to via the Website.

21.24       Stripe feesmean any fees payable to Stripe to process each transaction. 

21.25       tappON Content means all Content that tappON makes available through the Website, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Service Provider Content.

21.26      User means any person who has registered as a User of, or for, the Services, whether as the person intended to receive the benefit, or otherwise as the contracting party who is responsible for payment of an Individual to receive the benefit, of the Services.

21.27       Website means the Website located at https://tappon.co,and any of our associated software applications available for download to use on Android or Apple portable electronic devices including application program interfaces.