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Terms and Conditions

These terms and conditions will outline your rights as a client of Absolute Care & Health and our responsibilities to deliver the services required. Our guidelines have been developed to be in line with the Victorian Charter of Human Rights and Responsibilities Act of 2006

Our Services are subject to the following terms and conditions, which shall be deemed to apply in respect of each and every engagement of Absolute Care & Health (“Absolute”). Please read our terms and conditions carefully and contact us should you have any questions as to how they may apply to you.

1. Agreement to provide Services

These terms and conditions shall be binding both upon the Client and Absolute in respect to the provision of any and all services rendered under the Service Agreement of which these terms and conditions form part. You should contact us in writing if for any reason you do not agree with any of the terms and conditions set out below.

2. Currency of Terms and Conditions

These terms and conditions are effective as at the date of the Client first executing a Service Agreement with Absolute. Absolute however reserves the right at any time to update or modify these terms and conditions.

3. Service Delivery

3.1 Absolute undertakes to provide the Services to the Client in a professional manner and in keeping with generally accepted standards for the provision of home care in Australia from time to time.

3.2 Save for any part of the Services that involves transporting the Client to a third party premises, the Services will be carried out at the domestic location set out in the front page of the Service Agreement.

3.3 Any changes to the agreed Services to be provided by Absolute must be notified and agreed to in writing prior to the commencement of the next visit by an authorised Absolute caregiver. Should a Client require a change to the agreed Services in the course of a visit by an Absolute caregiver, such caregiver shall only be permitted to carry out such change if authorisation has been granted at the relevant time by an authorised officer of Absolute.

3.4 In providing the Services, Absolute will endeavour to provide a caregiver who will meet the prima facie needs of the Client.

3.5 Absolute will take all reasonable steps to ensure that its assigned caregiver arrives at the Client’s place of residence at the agreed time for the commencement of the Services but the Client accepts that matters may occur which are outside the control of Absolute or its caregiver in this regard.

3.6 (a) Subject to the provisions of clause 3.6(b), the Client acknowledges that the Services are non- medical services and that the caregivers of Absolute are neither licenced or entitled at law to render medical assistance save that which might be expected of non-medically trained personnel in the case of an emergency.

(b) Where the caregiver is a Registered Nurse, the Medical Services to be rendered to the Client shall be limited to medication and wound management (if appropriate).

4. Transportation Policy

4.1 Where assistance is required in relation to transportation to any locality away from the domestic location of the Client, Absolute reserves the right for such transportation to be carried out either by way of public taxi, VHA (B) licenced vehicles or via the private motor vehicle as operated by the caregiver of Absolute.

4.2 In the case of transportation by taxi, the Client shall be responsible for any and all taxi fares and in the case of transportation via the vehicle of the Absolute caregiver, the Client agrees to pay a charge per kilometre travelled, the rate to be notified to the Client in advance.

5. Privacy

5.1 Absolute undertakes that it is compliant with and will observe at all times the requirements of the Privacy Act 2014 (as amended from time to time).

6. Client obligations

6.1 The Client must fully inform and keep informed Absolute in relation to any and all medical, psychological or any other background issues that would be regarded as being in any way relevant to the Services to be provided by Absolute.

6.2 The Client will take all required steps to ensure that the domestic location represents a safe and hazard-free work place in which the Absolute caregiver can carry out the Services.

6.3 The Client will at all times deal with the caregiver of Absolute with courtesy and respect and in particular shall refrain from any physical or verbal abuse.

6.4 (a) The Client undertakes not to hire, use or employ either directly or indirectly any caregiver introduced to them by Absolute either during the period that the Services are being provided or for a period of 12 months from the last provision of the Services.

(b) If for whatever reason the Client breaches the undertaking provided in Clause 6.4(a), the client agrees to and shall be liable to pay a placement fee of $7500.00 to Absolute within 7days of Absolute becoming aware of such breach.

7. Payment Terms

7.1 The Client agrees to have in place prior to the Services being rendered, satisfactory payment arrangements with Absolute.

7.2 Absolute retains the discretion to cease providing the Services if the Client fails to make payment in accordance with these agreed terms and conditions.

7.3 The Client agrees to pay for the Services in accordance with the rates contained in the Service Agreement of which these terms and conditions form part. Absolute reserves the right in its

discretion to amend its rates from time to time.

7.4 Payments may be made via direct deposit or credit card.

7.5 The Client will be billed on a regular weekly cycle and payment must be received by Absolute no later than 7 days receipt of a weekly Absolute invoice.

7.6 If requested, the Client agrees to provide details of a valid credit card which shall be held by Absolute and will only be used in the circumstances of an authorisation by the Client or where the Client fails to make payment for the Services in accordance with these terms and conditions.

7.7 Invoices not paid per the agreed payment terms will attract late payment fees which will be the higher of $20 or 10% interest on overdue amount calculated from due date of the invoice.

8. Cancellation Policy

8.1 Cancellation of any scheduled visit by an Absolute caregiver must be notified in writing to Absolute not less than 24 hours before the commencing time of a scheduled visit.

8.2 If notice of cancellation is not received within the time set out in clause 8.1, Absolute nevertheless reserves the right to charge the Client the agreed upon fee for the Services.

8.3 If for any reason Absolute is unable to supply a caregiver to carry out a scheduled visit on the day and time previously notified (for whatever reason) then no charge whatsoever shall be debited to or made in respect to the Client for such visit.

9. Accidents, Damage and Theft

9.1 Should the Client believe that a caregiver of Absolute has been responsible for any incidents, acts, damage, breakages or theft in carrying out the Services, the Client must report in writing within 24 hours of any such alleged occurrence in order for such claim to be investigated.

9.2 The Client further agrees that in respect to any such alleged incident involving an Absolute caregiver, the Client will within 5 days of receipt complete an incident report as provided by Absolute to the client.

10. Limitation of Liability

The Client agrees that save in the case of gross negligence on behalf of Absolute or where prohibited by law (including the Competition and Consumer Act 2010) the Client hereby agrees that Absolute (and its caregivers) are released from and no claim shall be brought in respect to any losses, expenses, damages or costs including any statutory, tortious or other liability in respect to the Services (or the failure to carry out the Services) and furthermore that neither Absolute (nor its caregivers) shall have any responsibility or liability for any indirect, consequential or economic loss or damages allegedly suffered by the Client or any family of the Client.