Mable Coordinator Terms

These Terms will come into effect on 16 January 2026 for Coordinators and Provider Customers who have not signed a Provider Customer Agreement if joined before 18 December 2025. These Terms will apply to new Coordinators and Provider Customers who have not signed a Provider Customer Agreement if they joined on or after 18 December 2025. These terms should be read with the Platform Terms and Mable Policies.

Introduction

  1. Mable Technologies Pty Ltd ACN 162 890 379 (Mable, We, Us, Our) operates a platform, accessible online or through an app, designed to connect Clients who are looking for Care Services with Support Workers who provide those Care Services (the Platform).
  2. The following Members use the Platform: Coordinators, Client Members and Support Workers. Managed Clients do not use the Platform.
  3. You are a Coordinator representing Managed Clients who require care and related services by providing those Managed Clients with Coordinating Services, Funding Services or both. You wish to use the Platform to provide those services to Your Managed Clients.
  4. In some cases, Client Members may appoint You to provide Funding Services, Coordinating Services or both and, during the term of that appointment, they are considered Your Managed Clients for the purposes of the Terms of Use.
  5. The Platform Terms (which form part of the Terms of Use) apply to each Member’s access to and use of the Platform and Platform Services. The definitions in the Dictionary at Part 14 of the Platform Terms apply to the Coordinator Terms.
  6. Each Member must comply with the Terms of Use that applies to them as set out in the Platform Terms. The Terms of Use that applies to You, as a Coordinator, comprises these Coordinator Terms, the Platform Terms and the Mable Policies (this is further described in the Platform Terms). The Coordinator Terms do not apply to Support Workers or Clients.
  7. Importantly, We only provide You with access to the Platform and the Platform Services under the Terms of Use. The Terms of Use regulate the terms and conditions of access to the Platform and provision of the Platform Services only. The Terms of Use do not apply to Care Services performed for Your Managed Clients and the terms and conditions of any such engagement between You, or a Managed Client, and a Support Worker are to be agreed and separately documented in a Care Services Agreement.
  8. You acknowledge and agree that it is a condition of access to the Platform and provision of the Platform Services that any Care Services Agreements that You or Your Managed Clients are party to must comply with the Platform Minimum Requirements set out in the Platform Terms at all times.
  9. Any engagement between:
    1. You and an Appointed Coordinator is solely between You and that Appointed Coordinator, which is documented in a separate agreement;
    2. You and a Client is solely between You and that Client, which is documented in a separate agreement; and
    3. You, or a Managed Client, and a Support Worker for Care Services is solely between You, or that Managed Client, and Support Worker, which is documented in a separate Care Services Agreement.
  10. There are some circumstances where We can suspend or terminate Your Account, or suspend the provision of the Platform Services in respect of a particular Care Services Agreement, and Our rights to do so are described in the Platform Terms.
  11. Our rights to amend the terms of and the fees and charges under the Terms of Use are set out in the Platform Terms. If We amend the terms of, or the fees and charges under, the Terms of Use, You will have the rights set out in the Platform Terms.
  12. In the Terms of Use, capitalised terms have specific meanings. The meaning for each of those capitalised terms is listed in the Dictionaries located in these Coordinator Terms, and in the Platform Terms.

Part 1: Dos and don'ts

1 - What You must do

Part 1 of the Platform Terms includes details of the things that You, and other types of Members, must do. 

2 What You must not do

2.1 Prohibited Conduct

  1. Part 1 of the Platform Terms includes details of the things that You must not do. You must also ensure that Your Managed Clients do not do those things specified in Part 1 of the Platform Terms.
  2. Without limiting, and in addition to, Part 1 of the Platform Terms, You must not:
    1. engage in any Avoidance Conduct, or otherwise fail to comply with clause 2.2; or
    2. arrange to receive services similar to or the same as the Care Services from Support Workers sourced through the Platform other than through the Platform.

2.2 Taking arrangements off of the Platform (Avoidance Conduct)

  1. The conduct referred to in clauses 2.2(c) and 2.2(d) is Avoidance Conduct, which constitutes Prohibited Conduct under the Terms of Use.
  2. You acknowledge and agree that:
    1. the Platform is not a platform developed to introduce Support Workers to Clients for them to then continue their arrangements off the Platform;
    2. the Platform has various safety measures in place that will no longer apply if Support Workers and Clients are merely introduced and then engage off the Platform; and
    3. Our model has been developed to charge smaller fees on an ongoing basis rather than a large upfront fee that would apply if We were to provide a recruitment or referral service.
  3. During the Term of the Terms of Use:
    1. You are only entitled to use the Platform for the purposes described in the Terms of Use. You must not access or make use of the Platform for the purpose of developing a competing business, or for recruiting any other Member to provide or receive Care Services outside of the Platform;
    2. bookings and payment for Care Services must only occur through the Platform; and
    3. You must not encourage or solicit any Member to avoid making payments through the Platform or avoid paying the fees that are due to Us under their agreement with Us (including their equivalent Mable Fees).
  4. For a period of 12 months from the date You, or any Appointed Coordinator, last uses the Platform in respect of a Support Worker, You must not, and must ensure that each such Appointed Coordinator does not:
    1. arrange or receive services similar to or the same as the Care Services from that Support Worker other than through the Platform; and/or
    2. pay (or facilitate payment of) any fees to that Support Worker for services similar to or the same as the Care Services other than through the Platform.
    3. The restrictions set out in clause 2.2(d) survive termination of the Terms of Use, unless We terminate the Terms of Use for convenience pursuant to Part 11 of the Platform Terms, in which case the restrictions set out in clause 2.2(d) cease to apply as at the date of termination.
    4. You acknowledge and agree that if You engage in Avoidance Conduct, or otherwise fail to comply with this clause 2.2:
      1. such conduct will constitute a material breach of an essential term of the Terms of Use, and a Material Breach Event pursuant to Part 11 of the Platform Terms;
      2. We will suffer Loss as a result of such conduct; and
      3. We will be entitled to remedies as a result of such conduct, including:
        1. pursuant to the indemnities given by You under clause 15.1(a)(ii);
        2. suspension or limitation of Your access to or use of the Account under Part 11 of the Platform Terms;
        3. investigating the conduct under Part 11 of the Platform Terms;
        4. termination of Your Account (and the Terms of Use) for Your breach under Part 11 of the Platform Terms;
        5. damages as a result of breach of contract; and/or
        6. any other remedies that may be available to Us under the Terms of Use or at Law.
  5. The restrictions set out in clause 2.2(d) survive termination of the Terms of Use, unless We terminate the Terms of Use for convenience pursuant to Part 11 of the Platform Terms, in which case the restrictions set out in clause 2.2(d) cease to apply as at the date of termination.
  6. You acknowledge and agree that if You engage in Avoidance Conduct, or otherwise fail to comply with this clause 2.2:
    1. such conduct will constitute a material breach of an essential term of the Terms of Use, and a Material Breach Event pursuant to Part 11 of the Platform Terms;
    2. We will suffer Loss as a result of such conduct; and
    3. We will be entitled to remedies as a result of such conduct, including:
      1. pursuant to the indemnities given by You under clause 15.1(a)(ii);
      2. suspension or limitation of Your access to or use of the Account under Part 11 of the Platform Terms;
      3. investigating the conduct under Part 11 of the Platform Terms;
      4. termination of Your Account (and the Terms of Use) for Your breach under Part 11 of the Platform Terms;
      5. damages as a result of breach of contract; and/or
      6. any other remedies that may be available to Us under the Terms of Use or at Law.

Part 2: Getting started (onboarding)

3 Your agreement with Mable

  1. Part 2 of the Platform Terms sets out the Terms of Use that apply to You, and the duration (Term) of those Terms of Use.
  2. The remainder of this clause does not limit and is in addition to Part 2 of the Platform Terms.
  3. Subject to clause 3(d), if:
    1. You are a Coordinator who provides Coordinating Services; and
    2. We have entered into an agreement directly with You to govern Your access to and use of the Platform and Platform Services, the terms of which were not accepted by You through the Platform,
    that agreement, and not the Terms of Use, applies to Your access to and use of the Platform and Platform Services.
  4. If:
    1. You are a Funding Services Provider; and
    2. You wish to access and use the Platform or Platform Services; and
    3. on commencement of the Terms of Use, You and We are parties to any agreement or terms regarding Your provision of Funding Services (Prior Agreement),
      4. then:
    4. such Prior Agreement will terminate with effect on and from the commencement of these Terms of Use;
    5. such termination does not affect any accrued right of either Party under the Prior Agreement, unless otherwise specified in the Terms of Use; and
    6. on and from the commencement of the Terms of Use, the Terms of Use constitutes the entire agreement between the Parties in respect of the matters dealt with in the Terms of Use and supersedes all prior agreements, understandings and negotiations.

4 Eligibility to use the Platform and Platform Services

  1. You must have Approval by Us pursuant to Part 2 of the Platform Terms to gain full access to the Platform and Platform Services. You will only receive Approval if You meet the following eligibility criteria (Eligibility Criteria):
    1. You have a genuine intention to perform the role of Coordinator (as that term is defined in the Platform Terms) for at least one Client;
    2. if You are an individual, You are at least 18 years old;
    3. If You are not an individual, You are validly incorporated;
    4. You have the right, authority and capacity to enter into the Terms of Use;
    5. You must ensure that all Appointed Coordinators are Your employees, subcontractors or duly authorised agents;
    6. You have the proper consents and authorities to represent each Client under the Terms of Use;
    7. You have processes in place to ensure that each of Your Managed Clients have or are otherwise eligible to access sufficient funds or funding to meet the payment obligations to Us under the Terms of Use and to meet the payment obligations to Support Workers under the Care Services Agreement;
    8. You have taken all reasonable steps to complete a risk assessment in respect of each Managed Client and each Client Premises, and have deemed it appropriate or safe or have information available to the applicable Support Worker to mitigate any harm or risk identified in such risk assessments.
  2. You represent and warrant that You will only apply to create an Account if You meet all of the Eligibility Criteria listed above.
  3. If at any time during the Term, You:
    1. do not meet one or more of the Eligibility Criteria, You must notify Us immediately, and cease using the Platform and Platform Services and must not arrange for the provision of Care Services;
    2. become aware that any one of Your Managed Clients does not have or is not otherwise eligible to access sufficient funds or funding to meet the payment obligations to Us under the Terms of Use or to meet the payment obligations to Support Workers under the Care Services Agreement, You must notify Us immediately, and cease arranging for the provision of Care Services in respect of that Managed Client; and
    3. identify (including through your risk assessments under clause 4(a)(viii)) that it is inappropriate or unsafe for Care Services to be provided to a particular Managed Client or at a particular Client Premises, then You must notify Us immediately and cease arranging for the provision of those Care Services in respect of that Managed Client or at the relevant Client Premises (as applicable).
  4. If You do not meet the Eligibility Criteria, We will not give You Approval under Part 2 of the Platform Terms, and We may terminate Your Account and the Terms of Use pursuant to Part 2 of the Platform Terms.
  5. You agree that We may request information from You at any time to confirm that You meet, and continue to meet the Eligibility Criteria during the Term.

5 Approval of a Member

Creating an Account and Approval of a Member is described in the Platform Terms.

6 Appointment and removal of Coordinators

  1. You may appoint another Coordinator to perform all or part of Your Coordinating Services for a Managed Client, provided that:
    1. You are not an Appointed Coordinator for that Managed Client; and
    2. You have first issued a written request to Us for You to appoint the other Coordinator as the “Appointed Coordinator” for that Managed Client, and We have approved that request in writing.
  2. You and the Appointed Coordinator remain jointly and severally responsible and liable for all acts and omissions of that Appointed Coordinator performed with respect to that Managed Client, with Your liability being as if those acts or omissions were Your acts or omissions performed under the Terms of Use.
  3. You must immediately notify Us in writing to remove an Appointed Coordinator from a Managed Client’s Account if that Appointed Coordinator’s appointment to perform the Coordinating Services for a Managed Client are suspended or terminated by You.
  4. Without limiting Your obligations in respect of privacy under clause 20, You warrant and represent to Us that:
    1. You have the Managed Client’s consent and authority, or are otherwise permitted by Law to appoint an Appointed Coordinator for that Managed Client under clause 6(a);
    2. You have entered into contractually binding arrangements with that Appointed Coordinator to perform the Coordinating Services, which must not contain terms that are inconsistent with the terms of the Terms of Use; and
    3. You have given all disclosures and procured all consents as are required under all applicable laws (including the Privacy Laws) for Us to allow that Appointed Coordinator to access the Managed Client’s Personal Information (including sensitive information) through the Platform to perform the Coordinating Services.

7 Your appointment to provide Funding Services and Coordinating Services to Client Members

  1. If You are appointed by a Client Member to provide Funding Services or Coordinating Services or both to that Client Member and wish to use the Platform Services to provide those Funding Services or Coordinating Services or both to that Client Member:
    1. You or that Client Member must notify Us of the appointment;
    2. where We receive a request from the Client Member, We will write to You to confirm that You have been appointed to provide Funding Services or Coordinating Services or both to that Client Member;
    3. We will link that Client Member’s Account to Your Account to enable You to perform the Funding Services or Coordinating Services or both using the Platform Services; and
    4. on and from the date that the Client Member’s Account is linked to Your Account and until such time that You, or the relevant Client Member, notifies Us that You are no longer providing Funding Services or Coordinating Services for that Client Member:
      1. if You are only providing the Funding Services, You are required to make payments to Us and to Support Workers on behalf of that Client Member pursuant to clause 16.1 as if that Client Member were a Managed Client (and the invoicing and payment terms under clause 17 will apply);
      2. if You are only providing the Coordinating Services, You are required to undertake all obligations under the Terms of Use as if that Client Member were a Managed Client (other than the obligation to make payment under clause 16.1 (in which case, the invoicing and payment terms under clause 17 will not apply)); and
      3. if You are providing both the Coordinating Services and the Funding Services, You are required to undertake all obligations under the Terms of Use as if that Client Member were a Managed Client.
  2. You must immediately notify Us if You cease to be appointed to provide the Funding Services or Coordinating Services to a Client Member.
  3. You warrant and represent to Us that:
    1. You have the Client Member’s consent and authority, or are otherwise permitted by Law to give the notices to Us under clause 7(a); and
    2. You have entered into contractually binding arrangements with the Client Member to perform the Funding Services or Coordinating Services, which must not contain terms that are inconsistent with the terms of the Terms of Use.

8 Your obligations of disclosure and procuring consents

Without limiting Your obligations in respect of privacy under clause 20, You warrant and represent to Us that You have given all disclosures and procured all consents as are required under all applicable Laws (including the Privacy Laws):

  1. in the case of Client Members, for Us to allow You to access the Client Member’s Personal Information (including sensitive information) through the Platform to perform the Funding Services or Coordinating Services or both for that Client Member; and
  2. in the case of Managed Clients, for Us to access that Managed Client’s Personal Information (including sensitive information) through the Platform or as otherwise contemplated by the Terms of Use or in the Privacy Policy, in order for Us to exercise Our rights and perform Our obligations under this Agreement.

9 Member Verification

The Verification Checks that We perform (and disclaimers) are described in the Platform Terms.

Part 3: Using the Platform as a Coordinator

This Part 3 applies to You to the extent that You provide Coordinating Services for a Client.

10 Care Services Agreement

  1. We provide a Platform that allows You to connect with Support Workers, and We do not engage or employ Support Workers nor provide Care Services.
  2. You will facilitate the engagement of a Support Worker through the Platform to provide Care Services to a Managed Client, and the Managed Client (or You on the Managed Client’s behalf) and the Support Worker will then enter into a separate Care Services Agreement for provision of those Care Services.
  3. If the Managed Client enters into a Care Services Agreement directly, You must ensure that the Managed Client has capacity to enter into that Care Services Agreement and reads and understands the Managed Client’s and Support Worker’s rights and obligations under that Care Services Agreement, prior to the Managed Client entering into it. We are not responsible for or liable to You, nor any Managed Clients under any Care Services Agreements.
  4. If You enter into a Care Services Agreement with a Support Worker on the Managed Client’s behalf, You warrant and represent to Us that You do so as that Managed Client’s duly authorised representative, and with that Managed Client’s consent and authority.
  5. The Care Services Agreement regulates the terms and conditions for the provision of and performance of any Care Services provided by a Support Worker. The Terms of Use do not regulate these terms and conditions or the performance of work by a Support Worker.
  6. You must ensure that the terms and conditions of any Care Services Agreements entered into by Your Managed Clients meets the Platform Minimum Requirements for access to the Platform and provision of the Platform Services at all times. Where the Platform Minimum Requirements are amended or varied in accordance with the Terms of Use, You must ensure that any Care Services Agreements that Your Managed Clients are a party to at that time are varied to meet the Platform Minimum Requirements as soon as practicable.
  7. The Agreed Rate (which is used to determine some of the Mable Fees and the Cost of Support) will be decided by You or, (if applicable) the Client Member, and the Support Worker and will be set out in the Care Services Agreement. When determining the Agreed Rate, You must not agree to an hourly rate for labour provided as part of the Care Services that is less than the Minimum Rate, and if an overnight or flat rate is used, the effective Agreed Rate must be at least the Minimum Rate for active time, after taking into account any applicable breaks, sleeping or passive time.
  8. We are not involved in and are not a party to any Care Services Agreements.
  9. You acknowledge and agree that We do not have the right to, and We will not, control the method of accomplishing the Care Services which are to be provided by the Support Worker to each Managed Client.
  10. Any engagement between a Managed Client and a Support Worker for Care Services is solely between that Managed Client and that Support Worker.
  11. The Support Worker solely decides whether to provide You with an offer to provide a Managed Client with Care Services, and You solely decide whether to engage that Support Worker to provide the relevant Managed Client with those Care Services.
  12. During the process of entering into the Care Services Agreement, You will be required to authorise the debiting or charging of the Cost of Support, and the Mable Fees, along with any GST or other taxes in connection with the contracting of the Support Worker.
  13. You are solely responsible for complying with and remitting all required taxes, levies and contributions that may be applicable under or pursuant to the Terms of Use or the Care Services Agreement, including GST, employment taxes and superannuation related to any of Your supplies under the Terms of Use or under the Care Services Agreement.
  14. Without limiting Part 3 of the Platform Terms, You and We acknowledge and agree that neither You nor We can bind the other or represent that it has any authority to do so.
  15. Part 3 of the Platform Terms sets out further detail about the Care Services Agreement.

11 Service Log and Invoice on completion of Care Service

  1. Each Support Worker is required to provide Us with information about the Care Services they provided to or performed for a Client under a Care Services Agreement in order for Us to provide the Platform and Platform Services to You.
  2. Promptly after providing a Care Service, the Support Worker is required to create a Service Log.
  3. You will be notified of the Service Logs applicable to your Clients via an email generated through the Platform. You must approve or reject Service Logs within 24 hours of notification (Review Period), except in the case of Client Members that have elected to do this themselves, and unless this functionality is turned off in accordance with clause 11(g).
  4. Without limiting clause 11(f), You will be deemed to have approved the Service Log if You do not reject the Service Log before the expiration of the Review Period.
  5. Once the Service Log is approved or deemed to be approved by You or a Client Member (as applicable), an invoice is issued for the Cost of Support and the Mable Fees under clause 17.1.
  6. Approval or deemed approval of a Service Log does not prevent You or the Client from disputing an invoice. If You or a Client wishes to seek a review of or dispute an invoice You or the Client can contact Us here: accounts@mable.com.au. Any dispute about an invoice will be managed in accordance with clause 28.
  7. If You wish to turn off the automatic approval of Service Logs in relation to one or more Care Services Agreements, You can send Us a request here: accounts@mable.com.au, or use the functionality within the Platform (if available).
  8. You acknowledge and agree that, if the automatic approval of Service Logs is turned off for a particular Care Services Agreement:
    1. You must actively approve or reject Service Logs for Care Services received under that Care Services Agreement in order for payment to be facilitated;
    2. failure to approve such Service Logs will prevent invoices from being issued to You or Managed Clients, and impact upon the timing of payment to Us and Support Workers and Your Managed Clients’ ability to receive further Care Services; and
    3. We are not responsible or liable for any late payments by You or a Managed Client to a Support Worker which is in breach of the relevant Care Services Agreement, by virtue of Your inaction to approve or reject a Service Log in a timely manner.

Part 4: Mable's services to You

12 Provision of the Platform Services

The Platform Terms include more detail about the Platform Services that We provide to You.

Part 5: What Mable doesn't do

13 What Mable doesn’t do

The Platform Terms include a description of those things that We don’t provide to You.

Part 6: When Your and Our liability may be excluded or limited

14 What Mable is not responsible for

The Platform Terms includes a description of those things that We are not responsible nor liable for.

14.1 Exclusion of Consequential Loss

To the maximum extent permitted by Law, but subject to the Non-Excludable Guarantee set out in Part 6 of Platform Terms, We and each of Our Affiliates are not liable to You, and You are not liable to Us, for any Consequential Loss, whether arising under contract, tort (including negligence), equity, statute or otherwise.

14.2 Exclusion of Liability

To the maximum extent permitted by Law, but subject to the Non-Excludable Guarantee set out in Part 6 of Platform Terms, We and each of Our Affiliates are not liable to You, and You are not liable to Us, for any Consequential Loss, whether arising under contract, tort (including negligence), equity, statute or otherwise.
  1. injury to or death of any person;
  2. loss of or damage to property;
  3. advice, treatment or other services rendered by a Support Worker;
  4. malpractice Claims against a Support Worker; or
  5. other Claims or Losses that may directly or indirectly arise, or any other action or omission by You or an Appointed Coordinator or Managed Client.

14.3 Liability Cap

Subject to clause 14.4, and the Non-Excludable Guarantee set out in Part 6 of Platform Terms, to the maximum extent permitted by Law:
  1. Our liability, and the liability of each of Our Affiliates, to You and Your Managed Clients, in respect of all Claims arising under or in connection with the Terms of Use, whether arising under statute, contract, tort (including negligence), equity or otherwise:
    1. is limited to the sum of all Support Engagement Fees paid and payable, including those payments that are facilitated, by You under the Terms of Use in the 12 months leading up to the Claim giving rise to the liability; and
    2. is reduced to the extent that the liability arises out of Your, or an Appointed Coordinator’s or a Managed Client’s wilful misconduct, negligence or unlawful act or omission; and
  2. Your liability to Us in respect of all Claims arising under or in connection with the Terms of Use, whether arising under statute, contract, tort (including negligence), equity or otherwise:
    1. is limited to the sum of all Support Engagement Fees paid and payable, including those payments that are facilitated, by You under the Terms of Use in the 12 months leading up to the Claim giving rise to the liability; and
    2. is reduced to the extent that the liability arises out of Mable’s wilful misconduct, negligence or unlawful act or omission.

14.4 Unlimited Liabilities

  1. Our liability to You under or in connection with the Terms of Use is not excluded or limited:
    1. under the indemnities given by Us under clause 15.2; or
    2. for fraud or any other liability that cannot be excluded or limited by any Law.
  2. Your liability to Us under or in connection with the Terms of Use is not excluded or limited:
    1. under the indemnities given by You under clause 15.1; or
    2. for fraud or any other liability that cannot be excluded or limited by any Law.

15 Indemnities

15.1 You indemnify Mable

  1. You indemnify Us and Our Affiliates against all Claims and Losses suffered or incurred by Us or Mable’s Affiliates that are caused by or arise from any of the following that occur under or in connection with the Terms of Use, Your use or misuse of the of the Platform or Platform Services or in relation to the Care Services that Your Managed Clients receive:
    1. Your, an Appointed Coordinator’s or a Managed Client’s breach of any Law;
    2. You, an Appointed Coordinator or a Managed Client engaging in Avoidance Conduct, or otherwise failing to comply with clause 2.2;
    3. Your failure to comply with Your obligations in respect of privacy under clauses 20 and 21;
    4. Your breach of the Terms of Use as a result of Your reckless, fraudulent or malicious acts or omissions;
    5. a Claim from a third party against Us arising from Your or a Managed Client’s breach of a Care Services Agreement;
    6. death of or injury to any person caused or contributed to by You, an Appointed Coordinator or a Managed Client;
    7. loss of or damage to personal property caused or contributed to by You, an Appointed Coordinator or a Managed Client;
    8. any Claim by a third party that Your Content infringes the Intellectual Property Rights of any person; and
    9. Your use of the Mable Proprietary Material in breach of the Platform Terms.
  2. Your liability to indemnify Us under clause 15.1(a) is reduced to the extent that the relevant Claims or Losses were caused or contributed to by Our or Our Affiliates’ wilful misconduct, negligent or unlawful act or omission.
  3. To the extent that the indemnities set out in clause 15.1(a) apply to Our Affiliates, We will hold the benefit of such indemnities on trust for those Affiliates.

15.2 We indemnify You

  1. We indemnify You against all Claims and Losses suffered or incurred by You that are caused by or arise from:
    1. Our breach of the Terms of Use as a result of Our reckless, fraudulent or malicious acts or omissions; or
    2. any Claim by a third party that the Mable Proprietary Material or the provision of the Platform infringes the Intellectual Property Rights of any person.
  2. Our liability to indemnify You under clause 15.2(a) is reduced to the extent that the relevant Claims or Losses were caused or contributed to by Your, or an Appointed Coordinator’s or a Managed Client’s wilful misconduct, negligence or unlawful act or omission.

Part 7: Price and payment

This Part 7 applies to You to the extent that You provide Funding Services for a Client.

16 Price

16.1 You must pay Us and Support Workers

  1. In consideration of the Support Worker providing the Care Services to the Managed Client under the Care Services Agreement, You will be responsible for facilitating payment from the Managed Client to the Support Worker for the Cost of Support (payment of which occurs under the Care Services Agreement).
  2. In consideration of Us providing the Platform Services to You, subject to clause 16.1(c), You will pay Us the Mable Fees in respect of all Managed Clients to whom You provide Funding Services. Payment of the Mable Fees occurs under the Terms of Use.
  3. Where You are providing Funding Services to a Client Member, it is the Client Member that has the obligation to pay the Mable Fees to Us under their agreement with Us, and Your obligation under these Terms of Use is to facilitate that payment to Us.
  4. Support Workers and We have appointed MPS as collection agent to provide payment collection and processing services, as further described in clause 17.1.
  5. MPS is a Related Body Corporate of Mable, and MPS is a party to the Terms of Use for the limited purpose of performing its role as collection agent for Support Workers and Us, as described in the Terms of Use.
  6. We may change the method of calculating the Mable Fees and the Cost of Support, and the Minimum Rate in the manner set out in Part 7 of the Platform Terms.

16.2 Financial Hardship

If a Client is suffering from financial hardship, and this is inhibiting the Client’s ability to pay the Mable Fees or continue to receive Care Services, We may be able to provide assistance to them. You (or the Client) can contact Us on: 1300 736 573.

17 Invoicing and payment

17.1 MPS as collection agent

  1. MPS will:
    1. issue You with an invoice for:
      1. the Care Services at the Cost of Support payable by the Managed Client to a Support Worker under the Care Services Agreement; and
      2. the Mable Fees;
    2. seek payment from You for:
      1. the Care Services at the Cost of Support; and
      2. the Mable Fees; and
    3. once payment is received from You:
      1. remit the Cost of Support to the Support Worker; and
      2. remit the Mable Fees to Us.
  2. This means that You will only receive invoices from MPS and not directly from Us or Support Workers.
  3. You authorise MPS to collect payment from You (including by debiting Your or any other bank account or credit card that you nominate) for the Cost of Support, and the Mable Fees, and You represent and warrant to Us that You have each account or cardholders informed consent and authority to provide such authorisation to Us.
  4. All valid invoices issued under the Terms of Use must be paid within 7 days of issue or such longer period as specified in the invoice (except that if the invalidity of an invoice is due to the invoice containing disputed charges, You must facilitate and ensure payment of any undisputed portion and immediately notify MPS of the basis of the dispute).
  5. MPS will provide the Support Worker with copies of invoices which are issued on their behalf.
  6. MPS reserves the right to correct any errors in the payment of fees and charges under the Terms of Use and where reasonable, provide notice to You and the relevant other parties.

17.2 Acknowledgements

  1. Your acknowledgements in respect of payment under the Terms of Use are set out in Part 7 of the Platform Terms.
  2. Without limiting and in addition to Part 7 of the Platform Terms, You acknowledge and agree that:
    1. You must ensure that the Managed Client has and is eligible and otherwise entitled to access sufficient funds or funding to meet the payment obligations under the Terms of Use and the Care Services Agreement;
    2. You are responsible under clause 16.1 for facilitating payment from Clients to Us and to Support Workers (as applicable), and for taking such steps as are reasonably required, including consulting with Us, to ensure that all invoices are paid by the relevant Client as and when they fall due;
    3. You, and not Us nor MPS, are solely responsible for ensuring that the Support Worker is paid, based on independently negotiated terms and rates agreed directly between You and that Support Worker. Any payment passed on by Us or MPS to that Support Worker is done solely in Our or MPS’ capacity as a payment collection agent, and is not consideration for any supply that may be construed to be made or provided by that Support Worker to Us or MPS;
    4. You provide to the general public services similar to all activities in connection with the Terms of Use (including by any subcontractor that You may engage);
    5. the Payment Processing Services may be interrupted by factors beyond MPS’ control (including Force Majeure Events) and that MPS will use reasonable endeavours to resolve such interruptions and minimise their impact upon the Payment Processing Services; and
    6. subject to Part 7 of the Platform Terms, MPS will have no liability to You, nor other Members, nor Managed Clients for interruptions to the Payment Processing Services that were caused due to reasons beyond MPS’ control (including Force Majeure Events).

Part 8: Insurance

18 You must hold insurance

You must effect and maintain insurance with a reputable insurer adequate to meet Your rights and obligations under the Terms of Use, and provide Us with certificates of currency of those policies of insurance promptly on written request by Us.

19 Facilitated Insurance Cover

  1. The Facilitated Insurance Cover that applies to each Care Service that a Support Worker provides (subject to meeting certain eligibility criteria) is set out in Part 7 of the Platform Terms.
  2. Your acknowledgements in respect of that Facilitated Insurance Cover are set out in Part 7 of the Platform Terms.

Part 9: Privacy and Intellectual Property Rights

20 Privacy

  1. You acknowledge that You will Process Personal Information about Clients in connection with the Terms of Use.
  2. You must Process such Personal Information in accordance with the Privacy Laws (whether or not You are bound by them at Law).
  3. You warrant and represent that:
    1. You have complied (and will continue to comply) with all Privacy Laws (whether or not bound by them at Law), including by making such disclosures and procuring such consents as are required under the Privacy Laws, when collecting and disclosing Personal Information to Us, in order to ensure that We can perform Our obligations under the Terms of Use and Process Personal Information in accordance with Our Privacy Policy;
    2. You will ensure that accurate and complete records are kept of their collection, use and disclosure of Personal Information (including in relation to all disclosures and consents referred to in clause 20(c)(i));
    3. You will cooperate with Us to resolve any complaint or inquiry made under any Privacy Law, or in relation to any request for access to Personal Information;
    4. You will maintain and enforce security procedures and safeguards in accordance with prudent security principles and procedures (no less than those You apply to Your own Confidential Information and as required by the Privacy Laws);
    5. You will not:
      1. Process or otherwise do or omit to do anything in relation to Personal Information that You know or ought reasonably to know would cause Us to contravene any Privacy Laws; and
      2. do or omit to do anything that causes a Notifiable Data Breach involving Personal Information in connection with the Terms of Use.
  4. To the extent We obtain any Personal Information from You, or if We are able to access any Personal Information as a result of the Terms of Use, We must:
    1. comply with all Privacy Laws, and Process such information in accordance with the Privacy Laws;
    2. without limiting the foregoing, only Process such Personal Information in connection with the provision of the Platform and Platform Services under the Terms of Use, and as otherwise provided for in Our Privacy Policy;
    3. not Process or otherwise do or omit to do anything in relation to Personal Information that We know or ought reasonably to know would cause You to contravene any Privacy Laws;
    4. not do or omit to do anything that causes a Notifiable Data Breach involving Personal Information in connection with the Terms of Use; and
    5. not disclose or use any Personal Information collected by Us other than for the purpose of performing the Terms of Use, or as otherwise provided for in Our Privacy Policy or as required or permitted by Law.

21 Notifiable Data Breach

  1. In the event that We have reasonable grounds to suspect or believe that an incident involving Personal Information held by You is a Notifiable Data Breach for both You and Us, then, to the extent permitted by Law, We may by written notice to You:
    1. assume control of any assessment, remedial action, preparation of a statement and/or notification processes required under the applicable Privacy Law in respect of that Notifiable Data Breach; and
    2. require You not to undertake such assessment, remedial action, preparation of a statement and/or notification and to instead rely on the steps taken by Us in connection with those actions in accordance with the relevant provisions in the applicable Privacy Law.
  2. Except to the extent that We have assumed control under clause 21(a), You must:
    1. promptly undertake an investigation of the incident, an assessment as to whether it is a Notifiable Data Breach, remedial action to address the incident, and must prepare all notifications and documents required under the applicable Privacy Law in respect of the potential or actual Notifiable Data Breach;
    2. provide all other information and material reasonably requested by Us regarding the incident and steps undertaken by You under clause 21(a) on an ongoing basis until the incident has been properly assessed, investigated, remediated and reviewed, and all (if any) associated regulatory action, complaints and proceedings are complete;
    3. consult with Us and ensure that any notifications required by the Privacy Law, and other external documents and communications, are in the form prior approved by Us (except to the extent that You consider those changes will cause You to fail to meet its obligations under the relevant Privacy Law or applicable Law); and
    4. not identify Us in any statement, communication, filing, notice, press release or report, made to the public, a governmental agency or an affected individual, concerning the incident, except where required (and only to the extent required) by Law.

22 Content and Intellectual Property Rights

The rights and obligations of You and Us in relation to Content, publicity and Intellectual Property Rights are set out in the Platform Terms.

Part 10: Suspension and Termination

23 Your suspension and termination rights

  1. Your suspension and termination rights are set out in the Platform Terms.
  2. You or Your Managed Clients may have obligations to Support Workers under the relevant Care Services Agreement that may (amongst other things) require You or the Managed Client to give prior written notice of any cancellation of Care Services; and
  3. We have no control over any such obligations that You or Your Managed Clients may have under the Care Services Agreements, and We are not responsible or liable for any consequences under the Care Services Agreement as a result of You terminating Your Account.

24 Our suspension and termination rights

Our suspension and termination rights are included in the Platform Terms.

25 Consequences of suspension or termination

The consequences of a suspension or termination are set out in the Platform Terms.

Part 11: Disputes and how to report incidents or make a complaint

26 Incidents and complaints

The Platform Terms sets out how You can report an incident or make a complaint.

27 Dispute resolution Disputes between You and Mable

The Platform Terms set out what occurs if there is a dispute between You and Us.

28 Disputes between You and a Client, an Appointed Coordinator or Support Worker

  1. The following disputes must be resolved directly between You and the relevant other party:
    1. between You and a Client, Appointed Coordinator or Support Worker; or
    2. arising out of or in connection with the Care Services received by a Client; or
    3. arising under a Care Services Agreement,
  2. We may, but are not obligated to, provide assistance, facilitate resolution of, monitor or request information regarding the disputes set out above, including in the event of You seeking a review of or disputing an invoice under clause 11(f).

Part 12: General

29 We can amend the Terms of Use

The Platform Terms sets out how We can amend the Terms of Use.

30 General Terms

  1. The Platform Terms sets out the general clauses that apply to the Terms of Use.
  2. In these Coordinator Terms, a reference to a clause is a reference to a clause in these Coordinator Terms, unless otherwise stated.
  3. Despite termination of the Terms of Use, this clause 30, clauses 2.2(d), 2.2(f)(iii), 14, 15, 16.1, 17, 20, 21, 22, 25, 26, 27, 28 and those other clauses that by their nature remain in force, shall survive.

Part 13: Dictionary

31 Dictionary

  1. In these Member Terms, capitalised terms have the meaning given to them below or are otherwise as defined in the Dictionary at Part 14 of the Platform Terms:

    Client has the meaning given in the Dictionary to the Platform Terms, and in respect of You and each of Your Appointed Coordinators, specifically means, in all cases, the Client Member or Managed Client to whom You or Your Appointed Coordinator provides Coordinating Services, Funding Services or both. Clients has a corresponding meaning.


    Funding Services Provider is a Coordinator who only provides Funding Services and who does not provide any Coordinating Services for Clients through the Platform.


    Managed Client has the meaning given in the Dictionary to the Platform Terms, and in respect of You and each of Your Appointed Coordinators, specifically means, in all cases, the Managed Client (and, pursuant to clause 7(a), includes Client Members as the context allows) to whom You or Your Appointed Coordinators provide Coordinating Services, Funding Services or both. Managed Clients has a corresponding meaning.


    Notifiable Data Breach means an ‘eligible data breach’, as that term is defined by the Privacy Act, and any other suspected or actual circumstance that a Party is required to notify to a third party under a Privacy Law.


    Payment Processing Services means the payment collection and processing services provided by MPS as agent for Support Workers and Us, as described in clause 17.1.


    Platform Terms means the Platform Terms entered into by all Members on the Platform, the current version of which is available here: https://mable.com.au/legal/terms/platform-terms/.


    Processing or Process means collection, use, adaption, alteration, storage, transfer, disclosure, or any other handling of Personal Information.


    Review Period has the meaning given to that term in clause 11(c).


    You, Your means you, being the person or entity entering into these Terms of Use as a Coordinator, including where appointed as an Appointed Coordinator.
  2. The Dictionary in Part 14 to the Platform Terms contains the following defined terms used in these Member Terms:

30 General Terms

  1. The Platform Terms sets out the general clauses that apply to the Terms of Use.
  2. In these Coordinator Terms, a reference to a clause is a reference to a clause in these Coordinator Terms, unless otherwise stated.
  3. Despite termination of the Terms of Use, this clause 30, clauses 2.2(d), 2.2(f)(iii), 14, 15, 16.1, 17, 20, 21, 22, 25, 26, 27, 28 and those other clauses that by their nature remain in force, shall survive.

Account
Affiliates
Agreed Rate
Appointed Coordinator
Approval
Australian Privacy Principles
Avoidance Conduct
Breach Event
Care Services
Care Services Agreement
Claim
Client
Client Member
Client Member Terms
Client Platform Fee
Client Premises
Confidential Information
Content
Consequential Loss
Coordinator
Coordinator Terms
Cost of Support
Eligibility Criteria
Facilitated Insurance Cover
Force Majeure Event
GST
Intellectual Property Rights
Law

Losses and Loss
Mable, We, Us, Our
Mable Fees
Mable Policies
Mable Proprietary Material
Managed Client
Material Breach Event
Member
Member Terms
Minimum Rate
MPS
Non-Excludable Guarantee
Party and Parties
Personal Information
Platform
Platform Services
Platform Minimum Requirements
Privacy Act
Privacy Laws
Privacy Policy
Prohibited Conduct
Related Body Corporate
Service Log
Support Engagement Fee
Support Worker
Term
Terms of Use
Verification Checks
Your Content

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