Bruno Health –Services Terms And Conditions
In addition to the Bruno Health Terms of Service, the following Terms and Conditions apply to providers of services to users (Users).
In these Terms and Conditions, unless an alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Bruno Health Terms of Service.
1. Services
1.1 If you accept a User’s request for services (Services), you will be provided with the User’s first name, location, duration, time and type of Services via the Platform.
1.2 You acknowledge and agree that the Platform may provide the User with certain information about you, including your first name, contact information, photo, location, your vehicle make, model and license plate number, work history and references.
1.3 You must:
(a) only contact Users via the instant messaging service provided through the Platform; and
(b) not contact any User or otherwise use any of their personal information other than for the purpose of providing Services.
1.4 The agreement for your provision, and the User’s receipt of, the Services will be an agreement solely between the User and You. The terms of this agreement are available in the app and you will need to accept them to perform the Services. At no time will Bruno Health have any obligations or liabilities in respect of such agreement.
2. Background Checks:
2.1 It is your responsibility to have all qualifications, references, a police check and all work visa documents and vehicle registrations (if applicable) available for Users to inspect.
2.2 To provide Services on the Platform, you represent and warrant to Bruno Health that you have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs.
2.3 You must conduct your own due diligence and investigations and are wholly responsible for accepting an engagement for Services from a User and, if necessary, seeking legal or other professional advice before accepting such offer of engagement.
3. Performance
3.1 User satisfaction is critical to Bruno Health’s business. In providing the Services you agree to exercise the level of care, diligence, and skill prescribed in the code of practice of Your profession (Professional Standard of Care). If you fail to provide a Professional Standard of Care, or we are informed by a User that you have performed the Services in a manner which fails to comply with the Professional Standard of Care, Bruno Health reserves the right to withhold payment for any Services and suspend or terminate your Account on the Platform pending investigation of the matter by Bruno Health.
3.2 In addition to clause 3.1, when performing Services you must:
(a) ensure the care, safety and comfort of Users;
(b) provide the Services in accordance with relevant laws and policies related to your specific Services in the relevant state or territory in which the Services are performed;
(c) report any Notifiable Events immediately using the incidents form on the Platform.
(d) Notifiable Events include the following:
(i) an accident or incident that results in an injury that is treated by an ambulance officer or results in the injured person being treated at a hospital;
(ii) a collision involving, or mechanical or other fault in, a vehicle being used during Services that results in damage to the vehicle or any person or prevents the completion of the Services; or
(iii) an incident involving You or a User (or any person with which you have engaged as part of the Services) that results in a complaint to the police containing allegations of sexual assault, indecent exposure, actual assault or physical threats or other intimidation.
3.3 You acknowledge and agree that Bruno Health is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your vehicle, and that you alone will choose the most effective and safe manner to perform the Services, and that you will need to provide (at your own expense) all necessary equipment tools and other materials to perform each Service, including the provision of a vehicle if it is to be used during the Services.
4. Workplace Safety Assessment
4.1 If you are providing a Service to a User who does not have a Workplace Safety Assessment attached to their account, You must, at the start of providing the Service, complete the Workplace Safety Assessment (found here) (WSA) for the User’s premises and submit the WSA to the Platform, which will be attached to a User’s Account.
4.2 If a WSA is attached to a User’s Account, you acknowledge and agree that:
(a) (a) the WSA is only to be used as a guide and you may only rely on a WSA to the extent that you are able to identify any differences between the state of the ‘workplace’ and the WSA; and
(b) (b) to the extent permitted by law, Bruno Health is released from any liability for claim, damage, loss or expense (whether direct, indirect, consequential, inconsequential or otherwise) you may suffer as a result of relying upon a WSA and Bruno Health will not be liable including, for negligence, or any other category of liability whatsoever for any damages, costs or losses to any person, any diminution in value, or any liability whatsoever arising as a result of taking or not taking any action under or in connection with a WSA, unless directly caused by its gross negligence or wilful misconduct.
5. Legislative Requirements:
5.1 You must be currently living in Australia and have an Australian address as well as a current Australian working visa to provide Services through the Platform.
5.2 To provide Services through the Platform you must be:
(a) at least 18 years of age; and
(b) be legally able to work in Australia; and
(c) comply with any legislation applicable to the services you are providing.
6. Risks
6.1 There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
6.2 Bruno Health makes no representations or warranties that you will receive a job as an Services Provider on the Platform.
7. Payment
7.1 Bruno Health will facilitate payment of the Agreed Fee (shown at the time you accept the booking) on behalf of the User in accordance with the Services Agreement.
7.2 At the completion of the Service, You must lodge a Request Payment Notification on the Platform in order to be paid.
7.3 The payment for the Services will be made within 5 business days of the lodgement of the Request Payment Notification.
7.4 Bruno Health charges a non-refundable Platform Services Fee for connecting Providers with Users on the Platform. By agreeing to these Terms of Use, You agree that this fee is due and payable to Bruno Health at the time a Request Payment Notification is provided to Bruno Health in respect of services or goods provided by You to a User that have been contracted through the Platform.
8. Insurance
8.1 As an Service Provider, you are required to hold certain insurances for the purposes of providing your chosen Service.
8.2 You acknowledge and agree that you hold all insurances required to provide your chosen Services.
9. Cancellation
9.1 The User may choose to cancel the Services by notifying you through the Platform at any time prior to the provision of the Services. If:
(a) the User cancels the Services more than 24 hours prior to the agreed time and date for the provision of the Services, the User will not be required to make any payment for the Services and, as a consequence, you will not be required to pay the Platform Services Fee; and
(b) the User cancels the Services less than 24 hours prior to the agreed time and date for the provision of the Services, Bruno Health reserves the right to charge the User an amount equal to 50% of the full payment for the Services and a Cancellation Service Fee.
10. Indemnities
10.1 To the maximum extent permitted by law, You will indemnify and hold harmless Bruno Health (and their respective directors, officers, employees, agents and representatives) (“Those Indemnified”) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Bruno Health arising out of or in connection with any:
(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services (including in connection with any motor vehicle accident involving the vehicles); or
(b) claim by a User or any other third party caused by any of Your acts or omissions.
11. Liability
11.1 We do not endorse, advise or recommend any of the Users, nor does Bruno Health guarantee or provide any assurance in respect of the behaviour, actions or data of the Users posted on the Platform, and You agree that the entire risk arising out of performing any Services remains solely with You, to the maximum extent permitted under any applicable laws.
11.2 We are not be liable for any loss or damage that You may incur arising out of or in connection with performing the Services, including the conduct of the User and any accidents, incidents and issues involving You or your assets.
11.3 You acknowledge and agree that Bruno Health is not responsible or liable for the actions or inactions of a User in relation to you, your activities or your performance, and that you alone will choose the most effective and safe manner to perform the Services, and that you will need to provide (at your own expense) all necessary equipment and other materials to perform the Services.
12. Non-Solicitation
12.1 By creating an Account for the provision of services, You agree that (until such a time as You no longer have an Account) You will not, on your own behalf or on the behalf of any other person, directly or indirectly solicit, endeavour to entice away or otherwise interfere with the relationship of Bruno Health, or any other Provider, with their employees or any of their contractors, unless such contractors are also existing contractors of Yours at the time You create the Account.
12.2 If you breach the above clause 12.1, Bruno Health may immediately suspend or terminate Your Account.
12.3 Additionally you agree that Bruno Health, or the relevant affected Provider, may recover damages for a breach or threatened breach by you of clause 12.1, and that Bruno Health, or any other Provider affected by such a breach, may also be entitled to seek injunctions, stays, damages and such other orders as may be necessary to enforce clause 12.1 as damages may not be a sufficient remedy.
Clients
In addition to the Bruno Health Terms of Service, the following Terms and Conditions apply to users of services (Users).
In these Terms and Conditions, unless an alternative definition is provided, words and expressions have the same meaning as are respectively assigned to them in the Bruno Health Terms of Service.
1. Requesting Services
12.4 The Platform allows You to send a request to make a booking for services (Services) from a particular provider of those services (Provider) at a time and for a duration of your selection.
12.5 If your request for Services is accepted by a Provider, We will provide:
(a) You with a booking confirmation through either the Platform or via SMS or email, and information regarding the Provider which will include the Provider’s name, mobile phone number, a picture of the Provider and any other details We consider appropriate including history and references; and
(b) the Provider with Your details (including address) and the details of the Services requested (as entered on the Platform) as necessary to enable the Provider to provide the Services.
12.6 You must:
(a) only contact Providers via the instant messaging service provided through the Platform; and
(b) not contact any Provider or otherwise use any of their personal information other than for the purpose of receiving Services.
13. Accuracy and Availability
13.1 You should carefully evaluate the accuracy, currency, completeness and relevance of the Information provided on the Platform, and you should obtain appropriate professional advice relevant to your particular circumstances. In particular, information about the availability, cost and types of services offered by a Provider.
14. Checks
14.1 Bruno Health does not verify, review, evaluate, interview, screen, vet or perform background checks on Providers other than as part of the on-boarding process for the Platform.
14.2 Bruno Health recommends all Users check the identification and qualifications of the Provider prior to the provision of Services. Bruno Health also recommends all Users exercise due skill and care in verifying the identity of any Provider prior to the provision of Services.
15. Agreement for Services
15.1 The agreement for the Provider’s provision, and Your receipt, of the Services will be an agreement solely between the Provider and You. The terms of this agreement are available in the app and you will need to accept them to book the Services. At no time will Bruno Health have any obligations or liabilities in respect of such agreement.
16. Risk
16.1 There are risks, including but not limited to risk of physical harm, when you deal with someone you connect with through the Platform. You assume all risks associated with dealing with other persons with whom you come in contact through the Platform.
16.2 Bruno Health does not guarantee the quality, appropriateness, safety or otherwise of the Services. You accept the risks arising out of Your use of the Platform to the maximum extent permitted by law.
17. Workplace Safety Assessment
17.1 As a part of receiving Services through the Platform, You acknowledge and agree that:
(a) the first time a Provider attends Your home they will complete the Workplace Safety Assessment (WSA) for Your premises and submit the WSA to the Platform; and
(b) the WSA may be attached to Your Account and may be viewed by any Provider whom You engage to provide Services to You.
18. Third Parties
18.1 Providers are independent providers and are not employed or retained by Bruno Health.
18.2 You can select a number of different Services via this Platform. These Services are not provided by Us but are instead provided by third parties over whom we do not have control.
18.3 Bruno Health makes no representation that the service provider is suitably qualified, skilled and trained. You acknowledge that information supplied to Bruno Health by third party Providers about their training skill, experience or qualifications may include omissions, inaccuracies or other errors, for which Bruno Health is not responsible. It is your responsibility to satisfy yourself that you wish to obtain any service before doing so.
18.4 The presence of a Provider on this Platform does not constitute an endorsement by us of the Provider or their Service offering, the content of the provider’s website or the material on the Platform, or the activities of the provider.
19. Cancellation
19.1 You may choose to cancel the Services by notifying the relevant Provider through the Platform at any time prior to the provision of the Services. If:
(a) You cancel the Services more than 24 hours prior to the agreed time and date for the provision of the Services, You will not be required to make any payment for the Services; and
(b) You cancel the Services less than 24 hours prior to the agreed time and date for the provision of the Services, Bruno Health reserves the right to charge You an amount equal to 50% of the full payment for the Services and a Cancellation Service Fee.
20. Payment
20.1 You will be charged and must pay the total agreed fee for the Services displayed and accepted by You on the Platform (Agreed Fee). Bruno Health collects the Agreed Fee (plus any additional amounts and/or less any deductions agreed between Bruno Health and the Provider) on behalf of the Provider.
20.2 Payment of the Agreed Fee will be facilitated by the Platform though your authorised payment method.
20.3 If any amount paid by You is fully or partially refundable for any reason such amounts will be credited to Your Account on the Platform (so it can be applied against any subsequent Service(s)) or refunded to You in accordance with and subject to applicable law.
21. No Advice
21.1 Your reliance on any health, financial or other advice provided by a provider is solely a matter between you and the Service Provider. Bruno Health disclaims any liability for any advice that may be provided by a service provider that is relied on by you, and you, you assume full responsibility for all associated risks.
22. Emergency
22.1 The Platform is not intended for use in emergency situations. If you are suffering an acute illness or emergency condition, please call 000.
23. Indemnities
23.1 To the maximum extent permitted by law, You will indemnify and hold harmless Bruno Health (and their respective directors, officers, employees, agents and representatives) (Those Indemnified) from and against any losses, damages, liability, claims, costs, penalty and expenses (including, reasonable legal fees) incurred by Bruno Health arising out of or in connection with any:
(a) personal injury (including sickness and death) or property damage caused or contributed to by You in connection with any Services; or
(b) claim by an Provider or any other third party caused by any of Your acts or omissions.
24. Liability
24.1 To the maximum extent permitted by all applicable laws:
(a) the Platform and any Services you arrange through the Platform are provided on an “as is” and “as available” basis and We make no representation, warranty, or guarantee regarding:
(i) the condition, performance, accuracy, completeness, reliability, timeliness, quality, suitability, availability or fitness for a particular purpose of the Services; or
(b) the quality, suitability, safety or ability of the Provider;
(c) We do not endorse, advise or recommend any of the Providers, nor do We guarantee or provide any assurance in respect of the behaviour, actions or data of Providers posted on the Platform, and You agree that the entire risk arising out of any Services remains solely with You, to the maximum extent permitted under any applicable laws.
24.2 We are not be liable for:
(a) any loss or damage to your family or to your home or assets that You may incur arising out of or in connection with the Services, including the conduct of the Provider and any accidents, incidents and issues involving the Provider;
(b) the Services or the Provider being unavailable, of a particular standard of workmanship, failing to meet their profile description, failing to meet the User’s needs, or being of less than merchantable quality.
25. Feedback and complaints
25.1 All issues, complaints, opinions, suggestions, questions and feedback in respect of the Services or the Provider should be notified to Bruno Health or communicated to Bruno Health via telephone on (08) 6245 7053.
25.2 Notwithstanding clause 25.1, any disputes in relation to the terms of the Booking must be settled in accordance with the terms of the service agreement between You and the Provider referred to in 16.1 above.