Client Terms of Use - Summary of New Terms of Use
This is a summary of the Client Terms of Use, which became effective on 22 August 2024. It is a summary only and does not replace the complete terms. Please make sure you review the Client Terms of Use.
Summary of the Client Terms of Use and critical clauses to be aware of
Separate Terms
From 22 August 2024, there are four separate Terms of Use:
- Client Terms of Use (applicable to you as a client on Mable’s platform);
- Support Worker Terms of Use (applicable to support workers on Mable’s platform);
- Client Manager Terms of Use (applicable to provider customers and coordinators signed up to manage support for clients on Mable’s Platform). The Client Manager Terms of Use will be launched soon; and
- Site Terms (applicable to general visitors to our website).
Clearer layout
The Client Terms of Use is made up of 13 parts:
- Part 1: Dos and Don’ts, outlines what you must and must not do and includes important provisions dealing with prohibited conduct (such as Avoidance Conduct);
- Part 2: Getting Started (onboarding), outlines how to create an account and the verification process;
- Part 3: Using the platform, outlines your obligation to enter into a care services agreement that meets the platform minimum requirements;
- Part 4: Mable’s services to you, states that we only provide you with the platform and platform services;
- Part 5: What Mable doesn’t do, outlines the things that we do not do;
- Part 6: What Mable is not responsible for, outlines the things that we are not liable for, sets a liability cap, and includes indemnities by you;
- Part 7: Price and Payment, outlines the platform fees that Mable charges, how payments are invoiced and made and the insurance that Mable provides;
- Part 8: Content and Intellectual Property, outlines the ways we can use the content you provide on the platform, and restricts you from using our content and materials;
- Part 9: How you can end your account, states that you can terminate your account at any time;
- Part 10: How we can suspend or terminate your account, states that we can suspend or terminate your account for a Breach Event or Material Breach Event;
- Part 11: Disputes and how to make a complaint, outlines the process that applies to disputes between you and us, and how to make complaints;
- Part 12: General, outlines general terms that apply including how we can change the Terms of Use; and
- Part 13: Dictionary, outlines the terminology used in the Terms of Use.
Fee terminology (Part 13, Part 7)
The Terms of Use explain that the “Agreed Rate” is not a fee, but is a rate agreed upon between you and support workers which is used to calculate the fees Mable receives.
The “Cost of Support” are the rates you pay to support workers for provision of care services, the “Support Engagement Fee” and “Client Platform Fee” are the fees you pay to Mable.
For example:
- The support worker and client agree on an hourly rate of support which is the “Agreed Rate” – for example, $50 per hour.
- Mable’s Client Platform Fee is 7.95% of the Agreed Rate, which equals $3.98 in this case. This is added on top of the Agreed Rate.
- This means the client pays $53.98, which is made up of:
- The Agreed Rate ($50 in this case), including:
- The “Cost of Support”, which is 90% of the Agreed Rate, which in this case is $45. This is paid to the support worker.
- The “Support Engagement Fee”, which is 10% of the Agreed Rate, which in this case is $5. This is received by Mable.
- The Client Platform Fee ($3.98 in this case). This is received by Mable.
- The Agreed Rate ($50 in this case), including:
- The total fee Mable receives equals $8.98, which is 16.6% of what the client pays.
Collection services (Part 7)
You authorise our agent, MPS, to collect payment from you or your nominated funding party under the Terms of Use.
Avoidance conduct (Clause 3)
You must not use the platform to recruit or subcontract any person. You must not engage any support workers that you met on the Mable off-platform for 12 months from the date you last accessed the platform. If you do, you will be subject to serious consequences, including suspension, investigation, termination, or payment of monetary damages to Mable.
Exclusions of Liability (Clause 15)
We only provide the platform and platform services and are not responsible or liable for anything in connection with the care services or the care services agreement. You are responsible and liable for the services you receive from support workers and for the care services agreement. For example, we will not be liable if someone gets hurt or if property gets damaged as a result of the services you receive, or for any advice, treatment or services rendered by a support worker, or for any malpractice claims against a support worker. We do provide access to insurance cover (see below).
Mutual liability cap (Clause 15.3)
Both our liability and your liability is limited to the sum of Support Engagement Fees paid by Clients to you in the 12 months leading up to the claim giving rise to the liability unless the liability is caused by fraud or is under an indemnity.
Neither you or us are liable for consequential losses unless under an indemnity or due to fraud.
You indemnify us (Clause 16.1)
You indemnify us for certain claims and losses that we or our affiliates suffer in connection with the Terms of Use, your use or misuse of the platform or platform services, or you receiving care services, including:
- Breach of any law;
- Engagement in Avoidance Conduct;
- Breach of the Terms of Use as a result of reckless, fraudulent or malicious acts or omissions;
- Death or injury to any person;
- Loss or damage to property;
- If the content you post on the platform infringes any person’s rights; and
- Breach of our technology or intellectual property rights.
We indemnify You (Clause 16.2)
The Terms of Use include an indemnity in your favour. We will indemnify you against losses suffered by you arising from any claims regarding:
- Our technology or content on the platform breaching another person’s intellectual property rights; and
- Our breach of the Terms of Use due to reckless, fraudulent or malicious acts or omissions.
When we can suspend or terminate Your Account (Part 10)
There are different circumstances (called “Breach Events”) when we may suspend or terminate your account. If you commit a Breach Event, you will have a chance to fix that breach. If you do not fix the Breach Event, we can suspend or terminate your account.
However, some Breach Events are really serious (such as engaging support workers off platform or Avoidance Conduct, or causing a health or safety, or financial or reputational issue). If a “Material” Breach Event occurs, we can immediately suspend your account and investigate your conduct, which may lead to termination.
We can now also terminate your account in certain circumstances, as follows:
- For any reason by giving you 12 months’ written notice;
- If you have not been active on the platform for 12 months (unless you respond to our notice within a 30-day notice period requesting to remain on the platform); and
- If we stop providing the platform in Australia with 30 days’ written notice.
Both you and we can terminate your account if we cannot provide the platform due to an event outside of our control (which continues for 60 days or more).
Amending the Terms or the Fees (Clauses 28 and 17)
We can amend the Terms of Use and the fees that Mable charges by providing at least 30 days written notice to you of the changes. You can terminate your account if you do not agree to those changes.
Service Agreement Minimum Requirements (Clause 9)
Each care services agreement must meet the platform minimum requirements, and the rate the support worker charges for labour provided as part of the care services must be no less than the minimum rate.
Verification (Clause 7)
We are introducing new client verification soon. For now, the verification check process for support workers remains the same and is set out in our support worker Verification Policy.
You can terminate your account (Part 9)
You can terminate your account and the Terms of Use at any time without giving us notice. If you cancel your account, you will no longer be able to access the platform and the care services you have booked will be terminated.
Incidents and complaints (Part 11)
You can report an incident or make a complaint to us using the same channels.
Your obligations (Part 1)
You are required to comply with the same obligations.
To summarise, you must:
- Comply with laws, the Terms of Use, and our policies (Client Code of Conduct and Incidents and Complaints Management Policy; and
- Ensure that you only use personal information (including health information) you receive through the platform in accordance with privacy laws.
You must not engage in any Prohibited Conduct, or post Prohibited Content on or through the platform.
The arrangement to receive care services and the care services agreement is between you and the support worker, and we are not a party to or liable under that agreement.
