Effective Date: 14 November 2025

Welcome to Xcare (“we”, “us”, “our”). These Terms and Conditions (“Terms”) govern your access to and use of the Xcare website, mobile application, and services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use the Platform.

1. About Xcare

Xcare is a digital platform that connects individuals (“Clients”) with independent support workers (“Support Workers”). Xcare is not an employer or labour hire agency. Support Workers operate as independent contractors or sole traders and are responsible for their own compliance obligations.

2. Eligibility

To use Xcare, you must:

  • Be at least 18 years old
  • Have legal capacity to enter into an agreement
  • For Support Workers: hold a valid ABN and required certifications, checks, and insurances
  • For Clients: be legally able to engage independent workers

3. Your Account

When you create an account, you agree to:

  • Provide accurate and up-to-date information
  • Keep your login details secure
  • Notify us of any unauthorised access to your account

We may suspend or terminate accounts that breach these Terms or cause risk to users or the Platform.

4. Independent Contractor Relationship

Support Workers using Xcare are not employees, partners, representatives, or agents of Xcare.
Support Workers are solely responsible for:

  • Their ABN and tax obligations
  • Providing services safely and lawfully
  • Maintaining required qualifications, clearances, and insurances
  • Setting their own rates and availability

Clients are responsible for verifying suitability before engaging a Support Worker.

5. User Responsibilities

Clients agree to:

  • Provide accurate job information
  • Treat Support Workers respectfully
  • Pay for services provided

Support Workers agree to:

  • Provide services competently and professionally
  • Maintain current certifications, police checks, WWCC, NDIS Worker Screening (if applicable)
  • Comply with all laws, including NDIS Code of Conduct

6. Payments

Payments made through Xcare must comply with the pricing, invoicing, and payment processes outlined in the Platform.

Xcare may charge service fees, which will be disclosed before booking or processing payments.

Xcare is not responsible for:

  • Payment disputes between users
  • GST obligations arising from services

7. Verification and Checks

Xcare may request documentation to verify identity, certifications, or compliance.
However, Xcare does not guarantee the accuracy, validity, or authenticity of any documents uploaded by Support Workers or Clients.

Clients must conduct their own due diligence.

8. Prohibited Use

Users must not:

  • Provide false information
  • Harass, abuse, or endanger other users
  • Use the Platform for illegal or unethical activity
  • Share or misuse confidential information
  • Attempt to damage or disrupt the Platform

9. Liability & Disclaimer

Xcare provides the Platform on an “as is” and “as available” basis.
To the fullest extent permitted by law:

  • Xcare is not liable for actions, services, conduct, or omissions of Support Workers or Clients.
  • Xcare does not guarantee the quality, safety, suitability, or legality of services provided by Support Workers.
  • Xcare is not responsible for accidents, injuries, damages, losses, or disputes arising from services delivered outside the Platform.

Clients and Support Workers enter into service arrangements directly with each other.

Nothing in these Terms limits rights under the Australian Consumer Law (ACL).

10. Termination

We may suspend or terminate any account that:

  • Violates these Terms
  • Poses risk to other users
  • Uses the Platform fraudulently or illegally

Users may stop using the Platform at any time.

11. Privacy

Your personal information is handled in accordance with our Privacy Policy, available at:
https://xcare.tech/privacy

By using the Platform, you consent to the collection and handling of your information as described in the Privacy Policy.

12. Intellectual Property

All content on Xcare—including branding, design, text, graphics, and software—is owned by or licensed to Xcare.
Users may not copy, distribute, modify, or reproduce any part of the Platform without written permission.

13. Changes to Terms

We may update these Terms from time to time. The “Effective Date” at the top indicates when the latest version came into effect.

Continued use of the Platform means you accept the updated Terms.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be resolved under NSW jurisdiction.

15. Contact Us

For any questions about these Terms, please contact:
support@xcare.tech

 

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