Terms for Instructors
Targeted Yoga Services User Agreement
1.1 In this Agreement:
1.1.1 “ACL” means the Australian Consumer Law at Schedule 2 of the Competition and Customer Act 2010 (Cth) and its associated Regulations as amended from time to time;
1.1.2 “Account Credentials” means the selected unique User id and password chosen by a User when setting up Your Account;
1.1.3 “Affiliates” means:
(a) Targeted Yoga Services or any of its Related Bodies Corporate;
(b) Employee, consultant, agent, licensor, supplier or representative of Targeted Yoga Services .
1.1.4 “Agreed Rate” the hourly rate or fixed rate agreed between a Support Worker and a Customer for Care Services provided by the Support Worker to the Customer;
1.1.5 “Agreement” means this User agreement between You and Targeted Yoga Services which incorporates all policies and terms and conditions referred to in this Agreement;
1.1.7 “Associate” has the meaning set out in the Corporations Act 2001 (Cth), as amended from time to time;
1.1.8 “Content” means all information and materials contained on the Site that are posted by Members, or any information the Member provides to another Member via the Site or through the Services;
1.1.9 “Customer and/or Client” refers to people, family members, representatives or entities seeking Care Services including, where applicable, Provider Customers;
1.1.10 “Customer Platform Fee” means a Platform Fee charged by Mable and expressed as a percentage of the Agreed Rate, which is added to the Agreed Rate and published on the Site;
1.1.11 “Feedback” means any User Feedback and/or any multidimensional rating or any quality rating derived by Mable for Support Workers based on User feedback;
1.1.12 “Instructor” Means anyone representing Targeted Yoga Services in a service to a client referred to by Targeted Yoga Services
1.1.13 “Invoice” means an invoice for services provided by an instructor to a Customer that is created or provided by Targeted Yoga Services for Platform Fees
1.1.15 “Member” means a person or organisation who established an account with Targeted Yoga Services
1.1.16 “Our Technology” means the software, code, proprietary methods and systems used to provide the Targeted Yoga Services Site or Services;
1.1.17 “Platform Fee” means any platform fee implemented by Targeted Yoga Services from time to time in respect to use of the Site and Services by a worker or Customer and includes the Customer Platform Fee and Worker Platform Fee;
1.1.18 “Provider Customer” means an Approved Provider or a Commonwealth Home Support Program Provider who is a Customer and Member.
1.1.19 “Related Bodies Corporate” has the meaning set out in the Corporations Act 2001 (Cth), as amended from time to time;
1.1.20 “Services” means Targeted Yoga Services’s products, software, services and Sites (referred to collectively as the “Services”);
1.1.21 “Site” means the Targeted Yoga Services website including without limitation all subpages, and any other affiliated platform that may be introduced from time to time;
1.1.22 “Worker /Instructive Worker” refers to people or entities providing Yoga Instructive Services
1.1.23 “Worker Contract” means an agreement (in any form) for a Worker to provide Yoga Instructive Services to a Customer formed as a result of the use of the Site or Services;
1.1.24 “Worker Fee” means:
if the Agreed Rate is an hourly rate, the Agreed Rate multiplied by the hours of instructive Services; or if the Agreed Rate is a fixed rate, the fixed Agreed Rate,
in either case less the Worker Platform Fee.
1.1.25 “Worker Platform Fee” means a Platform Fee charged by Targeted Yoga Services and expressed as a percentage of the Agreed Rate, which is deducted from the Agreed Rate and published on the Site;
1.1.26 “User” means a Member or a Visitor;
1.1.27 “Visitor” means a person who browses the Site;
1.1.28 “You”, “Your”, “User”, or “Users” also refer to anyone accessing our Services or Site for any reason, and includes Members;
1.1.29 “Your Account” means Your membership account with Mable;
1.1.30 “Your Account Balance” means the balance of your account.
1.2 This Agreement is:
1.2.1 a binding contract between You and Targeted Yoga Services; and
1.2.2 incorporates all policies implemented by Targeted Yoga Services from time to time (and as amended by Targeted Yoga Services from time to time) and which are available on the Site, and terms and conditions referred to in this Agreement which together constitute the entire agreement between You and Targeted Yoga Services.
1.3 Some Members may be required to enter into a separate Provider Agreement with Targeted Yoga Services, on terms specified by Targeted Yoga Services.
1.4 The Site and Services are offered to You conditional on Your acceptance of this Agreement.
1.5 Your continued use of the Site and/or Services constitute Your acceptance of this Agreement.
1.6 Each time You access the Site or use the Services, You are agreeing to be bound by the terms set out in this Agreement, whether You are a Visitor or a Member.
1.7 If You do not agree to any of these terms and conditions You should immediately cease to access or use the Site and/or the Services.
1.8 We may close, suspend, or limit access to Your Account or the Site or the Services if You carry out activities which contravene this Agreement.
1.9 At any time, we may close, suspend, or limit access to Your Account or the Site or the Services in our absolute discretion.
- Amendments to this Agreement
2.1 We may amend the terms of this Agreement from time to time.
2.2 We will notify You of any changes to this Agreement by posting a notice of the changes on the Site.
2.3 We may (although We are not obliged to) notify Members of amendments to the terms of this Agreement by email or SMS.
2.4 Amendments to this Agreement are effective on the earlier of:
2.4.1 Your acknowledgement of the amendments; or
2.4.2 Your continued access to and/or use of the Site and/or Services after We post notice of such modifications.
2.5 It is Your sole responsibility to check the Site from time to time to view any amendments to this Agreement.
2.6 If You do not agree to any amendment, You must cease access to and use of the Site and/or Services.
2.7 For the purpose of notifying You of any amendments to this Agreement, You provide permission to Us to email You or send You an SMS.
2.8 Continued access to the Site or Services following notice of any such changes will indicate Your acceptance of the amendments.
- Member eligibility
3.1 By using the Site, You represent and warrant that:
3.1.1 If You are an individual, you are at least 18 years old;
3.1.2 If you are an organisation, that you (a) are validly incorporated; and (b) have full power and authority and corporate approvals necessary to enter into this Agreement and any Worker Contract;
3.1.3 If a Worker, that the Worker is and will, for the duration of the Worker Contract, continue to be an Australian citizen and/or a person legally authorised to work in Australia;
3.1.4 You have the right, authority and capacity to enter into this Agreement;
3.1.5 You will abide by:
(a) all the terms and conditions of this Agreement;
(b) all of Targeted Yoga Services’s policies as posted on the Site from time to time; and Targeted Yoga Services’s Code of Conduct; and any relevant Code of Ethical Behaviour that applies to You as a Worker or Customer; and
(c) the National Disability Insurance Scheme (NDIS) Code of Conduct if you are a Worker providing Services to a NDIS Participant;
3.1.6 neither You, nor anyone in Your household:
(a) has been the subject of a complaint, restraining order or any other legal action, arrested for, charged with or convicted of any criminal offense;
(b) or has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity.
3.2 A Visitor may browse the Site in accordance with this Agreement, but will not have access to certain Services unless they become a Member.
- Becoming a Member
4.1 A User who wishes to use the Services available to a Member is required to set up Your Account.
4.2 When setting up Your Account, You will be required to provide specific information, and select Account Credentials.
4.3 You warrant that all information You provide to Us is true, accurate, current and complete, and You agree to maintain and promptly update such information to keep the information true, accurate, current and complete.
4.4 You may not transfer or share Your Account Credentials with any other person.
4.5 You are solely responsible for maintaining the confidentiality of Your Account Credentials.
4.6 You acknowledge and agree that We rely on Account Credentials to know whether Users accessing the Site and using the Services are authorised to do so.
4.7 If someone accesses our Site or Services using Your Account Credentials, We will:
4.7.1 rely on the Account Credentials;
4.7.2 and assume that it is You who is accessing the Site and Services.
4.8 You are solely responsible for:
4.8.1 any and all use of Your Account Credentials and Your Account;
4.8.2 all activities that occur under or in connection with Your Account Credentials or Your Account;
4.8.3 and any act or omission of any Users that access the Site or Services under Your Account Credentials.
4.9 You agree not to register for more than one Your Account.
4.10 If You create a Your Account on behalf of a third party, You represent that You have the authority to represent such third party and bind the third party to this Agreement.
For example purposes only, if You are creating an account on behalf of a family member or a client who is seeking Services, You represent that Your family member or client has provided You with proper authority to act on his/her behalf and that Your family member or client will abide by this Agreement.
- Targeted Yoga Services is a venue
5.1 The Site is a venue designed to connect Yoga Instructive Workers with Customers looking for Therapeutic YogaServices.
5.2 Targeted Yoga Services agrees to upload to the Site an invitation for the Worker to provide Yoga Instruction Services to Customers in a venue of an agreed choosing which is funded by the client. For example, the clients house or care facility.
5.3 Targeted Yoga Services will rely upon the information provided by the Worker for that purpose.
5.4 Targeted Yoga Services does not (and nor do any of its Affiliates):
5.4.1 provide or arrange for Care Services; or
5.4.2 participate in the interaction between Workers and Customers, except to provide technology to facilitate the interaction, including in relation to the processing of payments on behalf of Customers to Workers; or
5.4.3 Involve itself in the terms of a Worker Contract between Customers and Workers or the regulation of their engagement with each other.
5.5 The Worker solely decides whether to accept an offer from a Customer to provide Services.
5.6 The Customer solely decides whether to engage a Worker to provide Services.
5.7 You understand and agree that Targeted Yoga Services:
5.7.1 has no control over and is not responsible for the acts or omissions of any Users on or off the Site;
5.7.2 makes no representation or warranty regarding the quality of any Services or any other services provided by any Member;
5.7.3 is not responsible for the accuracy or reliability of any information provided by any Member on the Site;
5.7.4 and takes no responsibility and has no obligation in contract or duty of care to manage or involve itself in any interactions between Users or in respect of any Worker Contract.
5.8 The Worker warrants and represents to Targeted Yoga Services and any Customer who engages them that:
5.8.1 they are capable of providing, and where relevant, qualified to provide the Services;
5.8.2 they are not prohibited from providing the Services; and the information provided by the Worker is true and not misleading.
- Content of Site
6.1 When You access the Site and/or Services, You obtain access to Content.
6.2 You are solely responsible for each individual item of Content that You post, email or otherwise make available on the Site or the Services.
6.3 You grant Targeted Yoga Services a non-exclusive, royalty-free, fully paid, worldwide perpetual license that is capable of being sub-licensed, in respect to all of Your copyright and other intellectual property rights related to the Content that You post or contribute to the Site.
6.4 You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by Targeted Yoga Services, and searched, displayed, printed or otherwise used or exploited by our Visitors and Members.
6.5 The Member understands and agrees to the following:
6.5.1 Targeted Yoga Services is only acting as a venue for the online distribution and publication of Content;
6.5.2 Targeted Yoga Services makes no warranties (either express or implied) in relation to the Content;
6.5.3 Targeted Yoga Services has the right (but no obligation) to take any action deemed appropriate with respect to Content if it believes that such Content may create liability for Targeted Yoga Services; harm Targeted Yoga Services’s business operation or reputation; or cause Targeted Yoga Services to lose the services of its suppliers;
6.5.4 Targeted Yoga Services reserves the right to reject or modify Content, at its discretion.
6.6 Each Member represents and warrants to Targeted Yoga Services that the Content that they submit on the Site, and any Content that they copy, reproduce or use:
6.6.1 will not infringe or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right of any third party, including other Members and Targeted Yoga Services;
6.6.2 will not violate any law, statute, ordinance or regulation including laws regarding anti-discrimination and false advertising;
6.6.3 will not advocate or encourage any illegal activity;
6.6.4 will not misrepresent the Member’s identity in any way;
6.6.5 will not have the potential to create liability for Targeted Yoga Services or cause Targeted Yoga Services to violate the requirements of, or to lose the services, in whole or in part, of our internet service providers or other suppliers;
6.6.6 will not be discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, trade libellous, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive;
6.6.7 will not disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
6.6.8 will not contain any advertising or solicitation for anything other than instructive Services offered through the Site;
6.6.9 will not violate the privacy, publicity, or other rights of any other individual or entity, including other Members and Targeted Yoga Services and, where relevant, you have obtained the permission of those individuals and notified them of how their personal information may be handled by Targeted Yoga Services;
6.6.10 will not include incomplete, false or inaccurate information about it or any other Member or any other individual or entity; and
6.6.11 will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6.7 No copyrighted material of any third party can be posted on the Site, unless the Member has a license or other form of authority that permits them to do so.
- Member Verification
7.1 You understand that Members may make representations to You about themselves via the Site, or in other communications.
7.2 You are responsible for making Your own decision regarding the Members that You engage to provide Care Services through the Site.
7.3 Targeted Yoga Services is not required to verify information made by a Member, and You are solely responsible for sighting original documents to verify any representation that a Member has made. You should obtain any additional information required to make an informed decision prior to utilising any specific Member to provide Care Services.
7.4 You understand and agree that Targeted Yoga Services has the right, but not the obligation, to:
7.4.1 independently verify any statement made by any Member on the Site;
7.4.2 and verify that any Member meets any of the eligibility criteria established by Targeted Yoga Services from time to time.
7.5 You hereby represent, understand and expressly agree that Targeted Yoga Services does not have control over, or assume any responsibility for, the quality, accuracy, or reliability of the information provided by any third-party verification service.
7.6 Targeted Yoga Services may make use of third-party verification services to verify information of Members. In the event that Targeted Yoga Services chooses to verify the representations and warranties, or any information provided by a Member through the Site, You hereby authorise Targeted Yoga Services, to verify such information, and use or disclose any information in order to accomplish such verification. Verification may include, without limitation, conducting the following searches and checks:
7.6.1 criminal history checks;
7.6.2 worker screening checks;
7.6.3 motor vehicle records checks;
7.6.4 identification verifications;
7.6.5 credential verification;
7.6.6 credit checks;
7.6.7 and/or using available public records to conduct searches and checks.
- Contract for the Care Services
8.1 Targeted Yoga Services does not employ or contract Instructive Workers. It provides a platform through which Customers may engage Support Workers directly.
8.2 The Worker must contract directly with the Customer via the Site for the provision of the Care Services. Targeted Yoga Services will not be a party to that contract.
8.3 By using the Targeted Yoga Services Site as a Customer, you agree that you will observe and comply with all regulations relating to the engagement of Instructive Workers, including any applicable workplace laws. For more information see https://www.fairwork.gov.au/about-us/legislation and http://www.safeworkaustralia.gov.au/sites/SWA.
8.4 By using the Targeted Yoga Services Site as an Instructive Worker, you agree that you will comply with all applicable workplace laws and any applicable occupational health and safety policies or directions given by a Customer in relation to the provision of Services pursuant to a Worker Contract.
8.5 Targeted Yoga Services does not involve itself in regulating or managing these issues and by using the Site you warrant that you have made yourself aware of the requirements under applicable workplace and occupational health and safety laws which may apply to the engagement between a Customer and Worker.
8.6 The Instructive Worker Contract must:
8.6.1 require the Worker to charge for the Services at the Agreed Rate;
8.6.2 permit Targeted Yoga Services to issue an invoice for the Services on behalf of the Worker at the completion of each service and to collect payment from the Customer (including by debiting the Customer’s nominated bank account or credit card, or other method agreed between Targeted Yoga Services and the Customer) or collect payment from the Customer’s nominated funding party (for example an Approved Provider);
8.6.3 require the Worker to comply with any relevant Worker code of conduct and ethical behaviour and any applicable occupational health and safety policies or procedures, and the Customer to comply with any relevant Customer code of conduct and ethical behaviour and any applicable occupational health and safety policies or procedures; and
8.6.4 be able to be terminated by either party at will, with no notice period unless otherwise specified in the Support Worker Contract.
8.7 The Customer warrants to the Worker that they have inspected their premises and that it is a safe work environment for the Worker to provide the Services requested by the Customer.
8.8 Worker warrants that they have the qualifications and skills to deliver the Services requested by the Customer and that, if they are providing services in a Customer’s home, each time they arrive at the premises of a Customer, they will inspect the premises and any equipment to ensure it is a safe work environment.
- Relationship between the parties
9.1 The Worker is not a partner, employee, independent contractor or agent of Targeted Yoga Services.
9.3 No independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created between You and Us by Your use of the Site or Services or by this Agreement.
9.4 Targeted Yoga Services is not (and nor are any of its Affiliates) an employment service or agency.
9.5 The Support Worker must comply with all applicable laws and regulations relating to the provision of the Services. The Customer must comply with all regulations relating to the engagement of Workers, including any applicable workplace laws.
9.6 Members must act in good faith towards Targeted Yoga Services, and not do anything contrary to the interests of Targeted Yoga Services.
9.7 Targeted Yoga Services must not give the Worker any direction about the provision of the Services.
9.8 Targeted Yoga Services is not liable for any injury, loss or damage suffered by the Worker or Customer in the provision of the Services.
10.4 In the event of an insurance claim, Workers will claim funds from their own insurance and be liable for the relevant policy excess.
10.5 The cost of insurances is covered by the individual worker
- Ownership of intellectual property
11.1 You understand and acknowledge that the Agreement and Our Technology are:
11.1.1 Our proprietary copyright and/or licensed to Us under Australian and international copyright laws;
11.1.2 subject to other intellectual property and proprietary rights and laws; and
11.1.3 owned by Us or our licensors.
11.2 Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission, and the prior written permission of our applicable licensors.
11.3 You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology.
11.4 Nothing in this Agreement grants You any right to receive delivery of a copy of Our Technology, or to obtain access to Our Technology except as generally and ordinarily permitted through the Site, and in accordance with this Agreement.
11.5 Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
11.6 Certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Targeted Yoga Services or other entities.
11.7 You are not authorised to use any Marks.
11.8 Ownership of all Marks, and the goodwill associated therewith remains with Us or those other entities who own the Marks.
11.9 Any use of third party software provided in connection with the Site or Services will be governed by relevant third party licenses and not by this Agreement.
- Feedback, Reputation and Reviews
12.1 By using the Site and posting feedback (including a review) (“User Feedback”), You grant Us an unrestricted, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, communicate to the public, modify, and adapt Your User Feedback posted on the Site for the purpose of publishing that User Feedback on the Site and as otherwise permitted by this Agreement.
12.2 You may use any Feedback that is about You provided that you use it in a way that is not misleading or deceptive and is in accordance with Targeted Yoga Services’s policies as posted on the Site from time to time.
12.3 You may not do anything that may undermine the integrity of the Targeted Yoga Services Feedback system.
12.4 Targeted Yoga Services is entitled to suspend or terminate Your Membership at any time if We, in our sole and absolute discretion, are concerned by any Feedback about You, or Your Feedback rating is considered to be problematic to Targeted Yoga Services.
12.5 You warrant and represent that all Feedback You provide is true and correct, and is not misleading.
- Offensive content
13.1 Though We strive to enforce the rules set out in this Agreement with all of our Members, You may be exposed through the Site or Services to content that violates our policies, or is otherwise offensive.
13.2 You access the Site and Services at Your own risk.
13.3 We may, but are not obligated to, delete accounts and/or remove Content from the Site if We determine or suspect that those accounts or Content violate the terms of this Agreement.
13.4 We take no responsibility for Your exposure to Content on the Site or through the Services whether it violates the terms of this Agreement or not.
- General rules of Member conduct and confidentiality of personal and health information
14.1 It is our goal to make access to our Site and Services a good experience for Visitors and all Members.
14.2 Correspondence between Members is for the sole purpose of connecting Customers and Support Workers for purposes relating to Care Services.
14.3 If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Site and Services.
14.4 You may not use another Member’s personal information for any other purpose.
14.5 You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use the Site or Services, or access the Site or Services for any purposes other than for which the Site or Services are being provided to You.
14.6 Members who are Support Workers undertake to:
14.6.1 not discuss with a third party any information gained about Customers or the personnel of Customers or any other Members in the course of the supply of the Care Services; and only uses personal information and health information of Customers in accordance with applicable laws (including applicable health records legislation, the Privacy Act and the national privacy principles under the Privacy Act) and any relevant direction, guideline, determination or recommendation made by the Australian Privacy Commissioner or a state or territory privacy commissioner, health services commissioner and/or any equivalent body or agency.
14.6.2 report any incidents of abuse or neglect of a child, an elder or a person with a disability to the relevant state authority and to Targeted Yoga Services’s customer care team.
14.6.3 Not enter or agree to an hourly rate of less than $80.00 per hour.
14.7 You agree not to do any of the following:
14.7.1 recruit, solicit or contact any Member for employment or contracting for an individual or a business who is not a Member with Targeted Yoga Services or outside of the Targeted Yoga Services Site and Services;
14.7.2 contact other Members for any purpose other than as set forth in this Agreement;
14.7.3 harass, intimidate or otherwise engage in illegal or offensive behaviour with respect to any other Member;
14.7.4 conduct or promote any illegal activities while using the Site or Services;
14.7.5 upload, distribute or print anything that may be harmful to minors;
14.7.6 attempt to reverse engineer or jeopardise the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
14.7.7 attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
14.7.8 upload or transmit to the Site any form of virus, worm, Trojan horse, or other malicious code;
14.7.9 use the Site or Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);
14.7.10 use the Site or Services to stalk, harass or harm another individual;
14.7.11 use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
14.7.12 interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
14.7.13 use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the content contained on any such web page for commercial use without Targeted Yoga Services’s prior express written permission;
14.7.14 impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
14.7.15 mirror or frame the Site or any content, place pop-up windows over its pages, or otherwise affect the display of its pages.
15.1 Limited access to the Site is available free of charge to Visitors.
15.2 By becoming a Member, the Customer agrees to pay Targeted Yoga Services
15.2.2 the Platform Fee; and
15.2.3 any other costs reasonably incurred by Targeted Yoga Services in enforcing its rights under this User Agreement
15.3 By becoming a Member, the Worker agrees to pay Targeted Yoga Services ;
15.3.1 the Worker Platform Fee being deducted from the Agreed Rate (set at 10% commission as of 1/1/2021);
15.4 Targeted Yoga Services reserves the right, at any time, to modify its fees and/or billing methods as notified on the Site.
15.5 In exchange for the Services and Care Services, the Customer authorises Targeted Yoga Services to collect payment from the Customer (including by debiting the Customer’s nominated bank account or credit card or other method agreed between Targeted Yoga Services and the Customer), or to collect payment from the Customer’s nominated funding party, including an Approved Provider, the Worker Fee and the Platform Fee.
15.6 If a Customer wishes to connect with an Instructive Worker or seek services from an instructive Worker, the Customer will need to:
15.6.1 provide the following information through the Site:
(a) information regarding the type of Services requested to be provided by the Worker; personal and household information;
(b) and bank name, bank BSB number, bank account name and number, the type of bank account, or credit card details or verifiable details of the party who holds their funding and whom Targeted Yoga Services can invoice for debiting or charging the payments required pursuant to this Agreement;
15.6.2 provide his or her consent to the debiting or charging of the Worker Fee and Platform Fee, along with any taxes in connection with the contracting of the Support Worker.
15.7 If a Worker wishes to accept an offer from a Customer for the provision of Services, the Worker must provide the following information to Targeted Yoga Services through the Site:
15.7.1 information regarding the type of Services the Worker is qualified and willing to provide;
15.7.2 personal information;
15.7.3 and bank name, bank BSB number, bank account name and number, the type of account for depositing the Worker Fee for the provision of Services.
15.8 After an offer by a Worker is accepted by the Customer, the contracting of the Worker by the Customer will begin. At this time Targeted Yoga Services will:
15.8.1 release personal information about the Worker (including the surname of the Worker and contact details) to the Customer;
15.8.2 and release personal information about the Customer (including the surname of the Customer and contact details) to the Worker.
15.9 As soon as practicable after the performance of each Service, the Worker must generate via the Site an electronic service log, that includes the start time, end time and any service notes for the relevant Service.
15.10 The Customer is required to review the service log and immediately accept or reject the service log.
15.11 The Customer is deemed to have approved the service log by not rejecting the service log within the expiration of a review period (currently being 24 hours following the creation of the service log), after which time Targeted Yoga Services will accept the service log as being approved by the Customer.
15.12 Where the Customer has nominated payment by credit or debit Card or direct debit of a bank account, the service log will have an Invoice attached. Where the Customer approves or is deemed to have approved the service log, Targeted Yoga Services will accept the Invoice as being approved by the Customer.
15.13 Following actual or deemed approval of the Invoice attached to a service log, Targeted Yoga Services will deduct the Platform Fee and, on behalf of the Worker, the Worker Fee, if Your Account has a credit balance, or charge the Customer’s nominated credit card or bank account, in accordance with the procedures implemented by Targeted Yoga Services from time to time.
15.14 Where the Customer has nominated payment by Invoice, service logs that are approved during the Invoice period will be included in the Invoice and the Invoice will be issued to the party nominated by the Customer as holding their funds in accordance with the procedures implemented by Targeted Yoga Services from time to time.
15.15 Invoices issued under this Agreement have 7 day payment terms and time is of the essence. Note these invoices may be issued by the Support worker, or Targeted Yoga Services
15.16 If you fail to pay an amount in accordance with this Agreement (for example, if your Nominated Credit Card is declined), Your Account may be suspended and you may be charged a non-payment fee by Targeted Yoga Services and charged other amounts by the issuer of your nominated Bank Account or Credit Card.
15.17 If your existing Nominated Bank account or Credit Card is cancelled, suspended or is otherwise not usable, you must immediately provide Targeted Yoga Services with details for an alternative Nominated Bank account or Credit Card which can be used to meet your obligations under this Agreement.
15.18 Targeted Yoga Services will:
15.18.1 provide to the Worker copies of Invoices which are issued under this Agreement on their behalf; and
15.18.2 remit to the Worker the Worker Fees that have been collected from the Customer on their behalf.
15.19 All payments relating to Services provided by a Worker to a Customer must be made through the payment channels provided or specified by Targeted Yoga Services, and in accordance with this Agreement.
- Bank account details
16.1 Each Worker and each Customer is solely responsible for the accuracy of the bank account or credit card details that it provides to Targeted Yoga Services, including the bank account number and BSB number, or the credit card details.
16.2 Targeted Yoga Services expressly disclaims all liability related to errors in fund deposits due to inaccurate or incomplete bank details or credit card details being submitted by Support Workers and/or Customers.
- Banks and financial institutions
17.1 Targeted Yoga Services is not responsible for, and will not reimburse any fees incurred by any Worker or Customer from their bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Targeted Yoga Services
17.2 The Worker or Customer agree that:
17.2.1 they will not receive interest or other earnings on the funds that Targeted Yoga Services handles on their behalf;
17.2.2 Targeted Yoga Services may receive interest on funds that Targeted Yoga Services handles on their behalf;
17.2.3 Targeted Yoga Services will not hold funds transferred to Targeted Yoga Services in accordance with the terms and conditions of this Agreement for the purposes of Services in a separate account;
17.2.4 Targeted Yoga Services may commingle and deposit funds transferred to Targeted Yoga Services in accordance with the terms and conditions of this Agreement with funds of Targeted Yoga Services in any account, at any institution, or in any other manner Targeted Yoga Services may decide in its sole discretion from time to time;
17.2.5 such commingled funds could be used to pay other Workers, and by Targeted Yoga Services for general corporate purposes or otherwise, provided that Targeted Yoga Services will remain obliged to make payment to the Worker for Worker Fees, for any Instructive Services that have been provided in accordance with the terms and conditions of this Agreement; and
17.2.6 to the extent Targeted Yoga Services is obliged to make payment to a Worker, the Worker will be an unsecured creditor of Targeted Yoga Services.
18.1 Targeted Yoga Services reserves the right to correct any errors in the payment of Targeted Yoga Services fees even if it has already requested and/or received payment.
18.2 A Customer will remain responsible for the Platform Fees, and any other applicable fees, in connection with any refund or chargeback of a Worker’s payment.
- Payment processing
19.1 Targeted Yoga Services may use third party payment processing services to process bank account information and payments.
19.2 Targeted Yoga Services expressly disclaims any and all liability for any claims or damages related to Targeted Yoga Services’s use of third party payment processing services and such transfers, including without limitation any damage that may result should any such information be released to any third parties.
- Payment channels and avoiding commissions
20.1 You are strictly prohibited from:
20.1.1 attempting to negotiate any fees or payments in respect to Services directly with another Member outside the site; or
20.1.2 Avoiding fees implemented by Instructive Therapeutic Yoga as outlined in this document.
20.2 The Worker must not:
20.2.1 provide Instructive Therapeutic Yoga Services to any person to whom the Worker was introduced by the Site without reporting to Targeted Yoga Services in respect to each Service session, in the terms prompted by the Site and in accordance with this Agreement; or
20.2.2 directly invoice a Customer, or accept any payment from a Customer for the provision of Services.
20.3 The Worker must account to Targeted Yoga Services for any amount received from a Customer for the Instructive Therapeutic Yoga Services.
20.4 A Customer must not make payment for Services directly to a Worker.
20.5 Any action that encourages or solicits complete or partial payment outside of the Targeted Yoga Services system is a violation of this Agreement.
20.6 Should a Worker or Customer be found in violation of this Clause 20 of the Agreement, they will be required to pay Targeted Yoga Services fees equal to the greater of:
20.6.1 $5,000; or
20.6.2 the applicable fees that would have been payable to Targeted Yoga Services under the terms and conditions of this Agreement had the Services been provided in accordance with the terms of this Agreement.
20.7 The parties agree that the amounts set out in Clause 20.6 are a genuine pre estimate of loss to Targeted Yoga Services should a Worker or Customer be found in violation of this Clause 20 of the Agreement.
20.8 You shall immediately notify Targeted Yoga Services if a Member requests that payment be made directly or through any channels other than those provided or specified by Targeted Yoga Services.
20.9 Prior to a confirmed engagement for Services, Members agree not to:
20.9.1 post their e-mail address, phone numbers, Skype ID, or other contact details on the Site, except in the specific contact fields of the signup forms, or when asked by Targeted Yoga Services; or
20.9.2 make direct contact with another Member outside of the Targeted Yoga Services Site.
- No Recommendations or Medical Advice
21.0 Targeted Yoga Services Workers are not authorised or encouraged to give advice or recommendations regarding prescription medication, care plans, or means of supports from mechanical, biological ,emotional , or otherwise.
21.1 Targeted Yoga Services is not a referral service and does not recommend or endorse any particular Member.
21.2 Targeted Yoga Services is only an intermediary that facilitates the provision of selected information about Members as represented by Members.
21.3 We do not offer advice regarding the quality or suitability of any particular Member for specific treatments or health conditions, and no information on this Site should be construed as health or medical advice.
21.4 The ratings and Worker and Member information consists of statements of opinion and not statements of fact or recommendations to utilise the Services of any specific Member.
21.5 You assume all responsibility in connection with choosing any Worker, whether or not You obtain information about such Worker on or through the Site.
21.6 Targeted Yoga Services assume no (and hereby disclaims all) responsibility or liability of any kind, for any advice, treatment or other Services rendered by any Instructive Worker, or for any malpractice claims and other claims that may arise directly or indirectly from the provision of Services or any other actions of any Worker.
21.7 No advice or information, whether oral or written, obtained by You from Us through the Site, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in this Agreement.
21.8 You bear the sole responsibility and liability for maintaining backup or archive copies of Your data and/or submissions to the Site and Services.
21.9 Promotional offers
21.10 We may run promotional offers from time to time on the Site.
21.11 The terms of any such promotion will be posted on the Site.
21.12 Unless otherwise indicated, We may establish and modify, in our sole discretion, the terms of such offer and end such offer at any time.
- Third party content
22.1 Content from other Members, advertisers, and other third parties may be made available to You through the Site and/or the Services. Because We do not control such Content, You agree that We are not responsible for any such Content.
22.2 We do not make any guarantees or representations about the accuracy, currency, suitability, or quality of the information in such Content, and We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such Content.
22.3 The Site and Services may contain links to websites not operated by Us. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites.
22.4 You understand that by using the Site and/or Services You may be exposed to third-party websites that You find offensive, indecent or otherwise objectionable.
22.5 We make no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third party websites, products or services accessible by hyperlink or otherwise from the Site or Services.
22.6 We provide these links for Your convenience only and We do not control such websites.
22.7 Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators.
22.9 You agree that in no event will We be liable to You in connection with any websites, content, products, materials, or practices of any third party, including other Members.
22.10 You understand, agree and accept that when using services of third party providers as offered by Us, that the third party providers may collect and store personal information and data from You. We are not responsible for the collection of that personal information by a third party provider.
22.11 You agree that We and any third party provider may track your usage of the third party services by recording that use via transcript or video recording and then storing that data.
- Suspension / termination
23.1 You agree that We may at any time, and in our sole discretion, with or without notice to You and without refund:
23.1.1 modify or discontinue the Site or Services; and/or
23.1.2 immediately modify, suspend or terminate Your access or use of the Site and Services.
23.2 You agree that Targeted Yoga Services will not be liable to You or any other party for any:
23.2.1 suspension or termination of Your access to the Site or Services, or deletion of Your Account or Your Content; or
23.2.2 modification or discontinuance of the Site and/or Services.
23.3 Suspension or termination of Your Account will in no way modify, change or void any payment obligations You may have incurred through Your use of the Site or any Services, whether such obligation is to Targeted Yoga Services or a third party.
23.4 Targeted Yoga Services may without notice and without cause remove the invitation to treat with the Worker from the Site.
23.5 Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
- No Warranty
24.1 You expressly agree that Your use of the Site and/or Services is at Your sole risk.
24.2 Targeted Yoga Services is not involved in the actual transaction between Customers and Workers.
24.3 Targeted Yoga Services’s Services, the Site and all Content on it are provided on an “as is” and “as available” basis, and to the extent permitted by law without warranties of any kind either express or implied.
24.4 To the extent permitted by law, Targeted Yoga Services specifically disclaims all warranties and representations of any kind, whether express or implied, including but not limited to any warranties in respect to the following:
24.4.1 title, quality, merchantability, fitness for a particular use or purpose, non-infringement, operability, condition, quiet enjoyment, value, accuracy of data and system integration;
24.4.2 that the Site and/or Services will meet Your requirements;
24.4.3 that the Site will be accurate, reliable, uninterrupted, secure or error-free;
24.4.4 that the Site, or the server that makes it available will be uninterrupted, timely, secure, free of viruses, errors or other harmful components;
24.4.5 as to the results that may be obtained from the use of the Site or Services; and
24.4.6 that defects in the Site or Services will be corrected.
24.5 To the fullest extent permitted by law, Targeted Yoga Services expressly disclaims, and You expressly release Targeted Yoga Services from, any and all liability whatsoever for any damages, suits, claims and/or controversies that have arisen or may arise from and/or in any way relate to any acts or omissions of Members on or off the Site, including without limitation the provision of any Services by any Worker.
25.1 The Worker is liable for all acts or omissions of it or its personnel in the provision of the Services.
25.2 The Customer is liable for all acts or omissions in the receipt of the Services.
25.3 If the Customer is a consumer pursuant to the ACL, nothing in this Agreement restricts, limits or modifies the Customer’s rights or remedies against the Worker for failure of a statutory guarantee under the ACL.
25.4 Nothing in this Agreement is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or supply of services which cannot be excluded, restricted or modified.
25.5 You understand and agree that:
25.5.1 any material or information downloaded or otherwise obtained through the use of the Site or Services is done at Your own discretion and risk; and
25.5.2 that You will be solely responsible for any damage to Your computer or loss of data that results from the download of such material and/or information.
25.6 To the extent permitted by the ACL and any other applicable legislation, Mable expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Mable’s sole discretion):
25.6.1 in the case of goods, any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
(d) or the payment of the cost of having the goods repaired; and
25.6.2 in the case of services:
(a) the supply of the services again;
(b) or the payment of the cost of having the services supplied again.
25.7 In that event that the limitations in Clause 25.6 are restricted, the liability of Targeted Yoga Services will be limited as far as legally possible under the ACL or other applicable legislation.
25.8 To the extent permitted by law, Targeted Yoga Services will not be liable, nor will any of its Affiliates be liable to You or any third party, whether in contract, warranty, tort (including negligence and strict liability), statute, or otherwise, for:
25.8.1 any indirect, special, incidental, consequential or exemplary damages that may be incurred by You;
25.8.2 any loss of income, revenue, goodwill, business, profits, data (whether direct or indirect) that may be incurred by You; or
25.8.3 any claim, damage, or loss which may be incurred by You;
arising from, out of or related to:
25.8.4 our use of, or access to, or the inability to use or to access, the Site or the Services;
25.8.5 Your transactions involving the Site,
25.8.6 any act or omission of any User;
25.8.7 any misstatements and/or misrepresentations made by any Member or contained in any Content;
25.8.8 the accuracy, timeliness or completeness of any background check provided to You in connection with the Site, the Services or any Instructive Services;
25.8.9 the use of information provided by any third party verification service;
25.8.10 the transactions between You and any third party merchants or service providers; or
25.8.11 any information appearing on third party merchant or service provider sites or any other site linked to our Site.
25.9 The limitations on Targeted Yoga Services’s liability to You shall apply whether or not Targeted Yoga Services or its Affiliates have been advised of, knew of, or should have known of, the possibility of such losses or damages arising.
25.10 You acknowledge and agree that We are only willing to provide access to the Site and provide the Services if You agree to certain limitations of our liability to You and to third parties.
25.11 If You are dissatisfied with any portion of the Site or the Services, Your sole and exclusive remedy is to discontinue use of the Site and the Services.
25.12 Targeted Yoga Services and any of its Affiliates may plead this Agreement in bar to any claim, action, proceeding, class action or suit brought by You, against Targeted Yoga Services or any of its Affiliates for any matter arising out of any transaction or otherwise in respect of this Agreement.
26.1.1 Each Member will hold harmless, indemnify and keep Targeted Yoga Services indemnified against any liability arising from or connected with:
26.1.2 any act or omission of another Member, whether they are a Worker or Customer; and
26.1.3 any representation made by Targeted Yoga Services relying on the Member’s warranties in this Agreement.
26.2 You indemnify, defend and hold Targeted Yoga Services and its Affiliates harmless from and against any and all third party claims, liabilities, demands, proceedings, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) and damages (actual, special and consequential) of every kind and nature, known and unknown, made by any third party due to or arising out of:
26.2.1 Your breach of this Agreement;
26.2.2 Your violation of any law or the rights of a third party;
26.2.3 any of Your Content and/or information that You submit, post or transmit through the Site or Services;
26.2.4 Your use of the Site or Services;
26.2.5 any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Site or Services; or
26.2.6 any disputes that arise between Users or between a Support Worker and a Customer in relation to Care Services.
- Dispute resolution
27.1 Any disputes related to the Services received by a Customer must be resolved directly between the Customer and the Worker.
27.2 We reserve the right, but have no obligation to monitor, or take any appropriate action regarding disputes that You may have with Users, Workers or other Customers.
27.3 If a dispute arises between You and Targeted Yoga Services, our goal is to address Your concerns and, if We are unable to do so to Your satisfaction, to provide You with a means of resolving the dispute quickly.
27.4 For any claim, Targeted Yoga Services may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration.
27.5 If Targeted Yoga Services elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by You from a panel of ADR providers that Targeted Yoga Services will provide to You.
27.6 The ADR provider and the parties must comply with the following rules:
27.6.1 the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
27.6.2 the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
27.6.3 any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
27.7 All claims You bring against Targeted Yoga Services must be resolved in accordance with the terms of this Agreement.
27.8 All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement.
27.9 Should You file a claim contrary to the terms of this Agreement, Targeted Yoga Services may recover its legal fees and costs (including fees for in-house attorneys and paralegals), provided that Targeted Yoga Services has notified You in writing of the improperly filed claim, and You have failed to promptly withdraw the claim.
27.10 If any proceeding by or against You is commenced under any provision of any bankruptcy or insolvency law, Targeted Yoga Services will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
- Failures and delays
28.1 Without limiting the foregoing, under no circumstances will We or our licensors or Affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- Electronic communications
29.1 The communications between You and Us use electronic means, whether You visit the Site or send Us emails, or whether We post notices on the server or communicate with You via email.
29.2 We can only give You the benefits of our service by conducting business through the internet, and therefore We need You to consent to Us giving You communications electronically.
29.3 This section informs You of Your rights when receiving communications from Us electronically.
29.4 For contractual purposes, You:
29.4.1 consent to receive communications from Us in an electronic form; and
29.4.2 agree that all terms and conditions, Agreements, notices, documents, disclosures, and other communications (“communications”) that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
29.5 Your consent to receive Communications and do business electronically, and our Agreement to do so, applies to all of Your interactions and transactions with Us.
29.6 You may also receive a copy of this Agreement by accessing this Site.
29.7 On accession, Targeted Yoga Services may send Members SMS text messages or other messages whether by way of email or through the Targeted Yoga Services Site, or applications in connection with the Services or otherwise.
29.8 You are solely responsible for any costs You incur when receiving SMS text messages or other notifications from Targeted Yoga Services.
29.9 You may withdraw Your consent to receive Communications electronically by contacting Us in the manner described below.
29.10 If You withdraw Your consent, from that time forward, You must stop using the Site and Services.
29.11 The withdrawal of Your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between Us prior to the time You withdraw Your consent.
29.12 Please keep Us informed of any changes in Your email address so that You continue to receive all communications without interruption.
- No third party beneficiaries
30.1 You understand and agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
- General terms
31.1 You are responsible for compliance with all applicable laws.
31.2 This Agreement and the relationship between You and Targeted Yoga Services, will be governed by the laws of the state of New South Wales, Australia.
31.3 The parties agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.
31.4 This Agreement is personal to You, and You may not transfer, assign or delegate Your right and/or duties under this Agreement to anyone else and any attempted assignment or delegation is void.
31.5 We may assign or novate this Agreement at any time, without obtaining Your consent.
31.6 You acknowledge that We have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Your obligations hereunder.
31.7 The paragraph headings in this Agreement shown in boldface type, are included only to help make this Agreement easier to read and have no binding effect.
31.8 Any delay or failure by Targeted Yoga Services to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
31.9 No waiver by Us will have effect unless such waiver is set forth in writing, signed by Us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
31.10 Targeted Yoga Services’s failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.
31.11 This Agreement constitutes the complete and exclusive Agreement between You and Targeted Yoga Services with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or Agreements.
31.12 If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect.
32.1 All provisions that by their nature survive expiration or termination of this Agreement shall so survive, including without limitation, Clauses 25, 26 and 27, all other limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, content provided by Us, Our Technology and the Services.
- Provider Customers
- Contact information
34.1 We may give notice to You by email, a posting on the Site, or other reasonable means.
34.2 You must give notice to Us in writing via email to firstname.lastname@example.org or as otherwise expressly provided. Please report any violations of this Agreement to email@example.com
- “Account” means your membership account with Targeted Yoga Services
- “Corporations Act” means the Corporations Act 2001 (Cth), as amended from time to time;
- “Members” means Users who establish an Account with Targeted Yoga Services;
- “Privacy Act” means the Privacy Act (Cth) 1988, as amended from time to time;
- “User Agreement” means the agreement between Targeted Yoga Services and each User of the Site which sets out the terms and conditions in respect to the Site
- “Users” means Members and Visitors; and
- “Visitors” means individuals who visit and browse the Site but do not create an Account.
- Who does Targeted Yoga Services collect Personal Information from?
3.1 We may collect Personal Information from:
- Visitors when they visit our Site; and
- Members, which includes Customers and Support Workers as well as other third parties who register as Members (including Approved Providers (or their employees), and case managers and support co-ordinators, who assist with the management and co-ordination of an individual’s Home Care Services).
- User consent
By submitting Personal Information through our Site or Services (including when you register yourself or another person as a Member), you agree to the terms of this Policy on your own behalf or on behalf of the person whose information you are submitting, and you expressly consent to the collection, use and disclosure of that Personal Information in accordance with this Policy.
- Types of data we collect
5.1 The information Targeted Yoga Services collect about you depends on how and why you access our Site and use our Services.
5.2 We collect Personal Information and anonymous data, as described below.
- Information you provide to us
- If you are a Worker, when you create an Account, we will collect Personal Information from you, such as your first and last name, birth date, driver’s licence number, other information by which we can identify you or may verify your identity (such as passport details), your certification to work with children or with vulnerable people, the results of any applicable screening checks, your criminal history, ethnicity, gender, religion, email and mailing address, phone number, work experience, salary/income, professional license numbers, education, interests, hobbies, professional and personal references, profile picture and video, professional skills and abilities, life style information, schedule availability, music preferences and bank information to facilitate direct deposit of earnings.
- If you are a Customer and you require Yoga therapeutic Instruction yourself, when you create an Account, we will collect Personal Information from you, such as your first and last name, birth date, driver’s licence number, other information by which we can identify you or verify your identity (such as passport details), your criminal history, gender, religion, email and mailing address, phone number, family or emergency contacts, care services needed, care plan, health conditions, activities, profile picture, interests, music preferences, household information and credit card information to facilitate payment processing.
- If you are a Member other than those described in paragraphs 5.2(a)(i) and (ii) above, such as a family member, government Approved Provider or other case manager or support co-ordinator, when you create an Account, we will collect Personal Information from you, similar to the information outlined in paragraphs 5.2(a)(i) and (ii) above.
- Sensitive Information
- We may collect sensitive information (including health information) from Customers and Workers when they choose to provide information about themselves or someone else on whose behalf they are authorised to act, and (in the case of Customers) their care requirements, through the Site.
- Other ways we may collect Personal Information
- We collect and retain information on your behalf, such as files and messages that you store using your Account.
- If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the message, in order to send you a reply or otherwise action your feedback.
- When you post messages or upload content within our Site, the information contained in your posting will be stored on our servers, and other Members to whom you provide access will be able to see such messages and content.
- We also collect other types of Personal Information that you provide to us voluntarily, such as your operating system and version, and other requested information if you contact us via e-mail regarding support for the Services.
- We may also collect Personal Information at such other points in our Site that state that Personal Information is being collected. Please note that you can choose not to provide us with certain information, but this may limit the features of the Site or Services you are able to use.
- Information collected via technology
- To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address, domain name, and/or a date/time stamp for your visit.
- We may also use or enable:
- third party analytics services to track and analyse anonymous data from Users of our Site and Services; and location-enabled services for Workers as a means to facilitate time card data (location-enabled services are not currently available, but they may be available in the future).
- If, in future, you use the location-enabled services, Targeted Yoga Services may receive information about your actual location (such as GPS signals sent by a mobile device or via your web browser when on the Site).
- Invitation emails
- Members and Visitors to our Site can invite other people to become Targeted Yoga Services Members by requesting us to send invitation emails to them.
- We store the email addresses that are provided to us and, if they are provided by a Targeted Yoga Services Member, we will associate those email addresses with such Member’s account.
- We will only send one invitation and will not use the email address for any other communication unless the person becomes a member of Targeted Yoga Services
- We do not currently sell these email addresses or use them for any other purpose, but we may do so in the future.
- Where you provide someone else’s email address to us for the purposes of sending them an invitation email, you must first obtain the person’s consent and ensure they agree to receive an invitation email from us.
- Information collected from others about you
- Other Members may provide us Personal Information about you through our Site or the Services. Examples include when a Customer posts feedback regarding a Worker, when a Worker uploads notes or other information regarding a Customer to our Site, or when another Member (including a Customer’s Approved Provider or other case manager or support co-ordinator) submits health information or care plan information to our Site.
- Information collected from third parties
- We may receive Personal Information and/or anonymous data about you from companies that assist Targeted Yoga Services in providing the Services, such as service providers who assist with identifying you or verifying information provided by you (eg. your police check), or companies that offer their products and/or services on our Site.
- Unsolicited Information
- Where we collect unsolicited information (being information provided to us without us having sought the information), we will only hold, use and disclose that information if we could otherwise do so had we collected it by the means described above. If that unsolicited information could not have been collected by the means described above, then we will destroy, permanently delete or de-identify the information as appropriate.
- Use of Your Personal Information
6.1 General use
In general, we use the Personal Information we collect either to provide the Services to you, to respond to requests that you make, or to aid us in serving you better, including in the following ways:
- to facilitate the creation of, and secure, your Account on our network;
to send you a welcome e-mail and to verify ownership of the e-mail address provided when Your Account was created;
- to identify you as a User in our system;
- to prompt you to set up your profile after you have created your Account (if you do not do so at the same time as creating your Account);
- to run or verify background checks, including police, reference and other screening checks;
- to verify your credentials;
- to provide improved administration of our Site and Services;
- to provide the Services you request;
- to improve the quality of experience when you interact with our Site and Services;
- to tailor the features, performance and support of the Site or Services to you;
- to send you administrative e-mail notifications, such as security or support and maintenance advisories, or to inform you when our User Agreement or any of our policies (including this Policy) have been updated;
- to respond to your inquiries or requests and/or troubleshoot problems;
- to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback;
- to send newsletters, surveys, offers, and other promotional materials related to our Services and for other Mable Technologies Pty Ltd marketing purposes;
- to customise the advertising you may see on the Site or through the Services;
- to collect and/or distribute money; and
- to verify your compliance with your obligations in our User Agreement or other Mable Technologies Pty Ltd policies.
6.2 Creation of Anonymous Data
We may create anonymous data records from Personal Information by excluding information (such as your name) that makes the data personally identifiable to you. We use this anonymous data to analyse request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Targeted Yoga Services may use anonymous data for any purpose and may disclose anonymous data to third parties as it sees fit.
- Disclosure of Your Personal Information
7.1 We may disclose your Personal Information as described below and as described elsewhere in this Policy.
7.2 Disclosure to other Users
- We may share your Personal Information with third parties to whom you ask us to send (or otherwise make available) that information, including other Members. Except:
- for those Members to whom you direct us to provide access to your Personal Information (via your “Privacy Settings” or otherwise);
- and as described in paragraph 7.2(b) below,
we do not disclose the Personal Information of any Member to any other Member, however, if a member wants to contact another member, Targeted Yoga Services have the right to inform the second party of the request and issue contact details of the first party to the second party at the request of the first party.
- If you are a Worker, we will display your photograph, your first name and the first initial of your surname, and the first few words of your profile description and area of operation, in a results listing if a Visitor or a Member has searched for Workers in or near your suburb. However, your full profile can only be viewed by Members who have signed in to their Account, not by Visitors.
- Workers and Customers are described on the Site by their first name and first initial of their surname only. When a Customer and a Support Worker wish to make contact with each other for the purposes of Services, Targeted Yoga Services will release Personal Information about each person to the other person (this will include each person’s full name and contact details, and may include health information and other sensitive information collected by us in accordance with this Policy).
- In addition, Approved Providers and other case managers and support co-ordinators may access the Personal Information of the individuals they assist, and of the Workers engaged by or for those individuals, and vice versa.
- If you are a Worker, we may provide a copy of your police check, working with children check, any other applicable screening checks and certifications, references, qualifications or other profile documents to Customers who engage you on Targeted Yoga Services.
7.3 Third party service providers
- We may share your Personal Information with our third party service providers to:
- provide you with the Services that we offer you through our Site;
- conduct quality assurance testing;
- facilitate creation of accounts; and
- provide technical support.
- Examples of such third party service providers include companies that administer and verify background checks, and companies that process payments from both Support Workers and Customers. We take reasonable steps to ensure these third party service providers do not use your Personal Information other than to provide the services requested of them by Targeted Yoga Services.
7.4 Direct Marketing
- As indicated above, Targeted Yoga Services may use information collected from or about you for the purpose of sending you marketing and promotional information and materials.
- If you wish to opt out of receiving direct marketing communications from Targeted Yoga Services, please use the “unsubscribe”option (in the case of e-mail communications) or contact us directly using the details below. If you wish to opt-out of receiving direct marketing communications from third party organisations to whom we have disclosed your Personal Information, you may make a separate request to that organisation.
7.6 Affiliates and acquisitions
- We may share some or all of your Personal Information with our Related Bodies Corporate (as defined in the Corporations Act), joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honour this Policy.
- If another company acquires the shares in Targeted Yoga Services, the business, or our assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Policy.
7.7 Disclosure of Personal Information to overseas entities
We may transfer or otherwise disclose your Personal Information to third parties located outside Australia, including to third parties who provide information technology and other services to us. Those third parties may be located in the United States or other countries. By providing Personal Information to us, you consent to the transfer of that Personal Information to entities located outside Australia.
7.8 Other disclosures
Regardless of any choices you make regarding your Personal Information (as described in section 9 below), Targeted Yoga Services may disclose Personal Information to third parties if it believes in good faith that such disclosure is necessary:
- in connection with any legal investigation;
- to comply with relevant laws, or to respond to subpoenas or warrants served on us;
- to lessen or prevent a serious threat to the life, health or safety of an individual or to public safety;
- to investigate or assist in preventing any violation or potential violation of the law;
- where another “permitted general situation” or “permitted health situation” (as defined in the Privacy Act) applies; and/or
where disclosure is reasonably necessary for a law enforcement related activity.
If you are a Customer requiring Services for yourself, you acknowledge that a Worker may use Personal Information about your emergency contact to get in touch with that person if necessary.
- Data collection
8.1 Information collected by ad networks
We may use third-party advertising companies to serve ads when you visit our Site. These companies may collect and use information (not including your name, address, email address, or telephone number) about your visits to the Site and other websites in order to provide advertisements about goods and services to you that are tailored to your interests. This information is collected using cookies. As indicated above, you can disable cookies by changing your browser settings, but if you do, some parts of our Site may not function properly.
8.2 Information collected by other third parties
This Policy addresses only our use and disclosure of Personal Information we collect from and/or about you. If you disclose information to others, including to other Members, those persons or organisations will not be bound to act in accordance with this Policy. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.
- Your choices regarding your personal data
9.1 Unless you become a Member, Targeted Yoga Services does not collect information that identifies you personally.
9.2 Choices about marketing
- We offer you choices regarding the collection, use, and sharing of your Personal Information.
- We will periodically send you free newsletters and e-mails, SMSs or other marketing communications that directly promote the use of our Site or Services (unless you have previously requested not to receive such communications from us). As we indicated in section 7.4 above, when you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive, or by contacting us directly (please see contact information below). Our electronic marketing activities will comply with the requirements of the Spam Act 2003 (Cth).
9.3 Deletion of Personal Information
- You may request deletion of your Personal Information by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements).
- If we no longer need your Personal Information for any purpose for which it may be used or disclosed under the Privacy Act, and the information is not otherwise required to be kept under an Australian law or court order, we will take reasonable steps to destroy or permanently de-identify the information.
- When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud protection or similar purposes if this is permitted pursuant to an Australian law or court order.
- If we have already disclosed some of your Personal Information to third parties, we cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.
- Security of your Personal Information
- Targeted Yoga Services is committed to protecting the security of your Personal Information. We use a variety of industry-standard security technologies and procedures to help protect your Personal Information from unauthorised access, use, and disclosure.
- Any information which we hold about you is stored on secure servers that are protected in controlled facilities. We also require you to enter a password to access your Account information. Please do not disclose your Account password to anyone who you do not wish to access your Account. We will assume all activity taking place on your Account is either being conducted by you or is authorised by you.
- Please notify us immediately if you become aware of any actual or suspected unauthorised use of your Account, or any breach of security relating to your Account.
- No method of transmission over the Internet, or method of electronic storage, is 100% secure, so while Targeted Yoga Services uses reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security.
- In addition, our employees and contractors who provide services related to our information systems are obliged to respect the confidentiality and privacy of any Personal Information held by Targeted Yoga Services
- 11. Access to your Personal Information
- You can request access to the Personal Information we hold about you by contacting us using the details below.
- We will generally allow you to access the Personal Information we hold about you if you request it, but we may refuse access if we are permitted or required by law to do so.
- We will process requests for access to Personal Information within a reasonable time, and we may charge you reasonable costs associated with providing access (for example, to cover the costs of verifying the request and retrieving the information).
- If we refuse to provide you with access to your Personal Information, we will generally provide reasons for the refusal.
- Correction of your Personal Information
- We take reasonable steps to ensure the Personal Information we hold about you is accurate, complete and up to date.
- Please let us know if you think any of the information we hold about you is incorrect, incomplete or out of date. You may also change or update your Personal Information by logging into your Account and editing your Profile.
- If you ask us to correct your Personal Information, we will take reasonable steps to validate and correct the information, or we will provide reasons for not doing so. If we do not correct your Personal Information, you may make a statement about the requested change and we will take reasonable steps to attach this to the Personal Information in question.
- If you have any complaints about our dealings with your Personal Information, including any breaches by us of any Australian Privacy Principles, you are able to submit that complaint by contacting us using the details below. You will need to provide sufficient details regarding your complaint as well as any supporting evidence and information.
- Complaints will be referred for investigation by our Privacy Officer and a response will be provided to you within a reasonable time (usually no longer than 30 days). We may seek further information from you in order to provide you with a full and complete response.
- If you are not satisfied with the outcome of our investigation, you can contact us to raise your concerns, or you may wish to contact the Office of the Australian Information Commissioner (www.oaic.gov.au) by telephone on 1300 363 992, by email to firstname.lastname@example.org, or by post addressed to GPO Box 5218, Sydney NSW 2001.
- We may update this Policy from time to time. We will post the updated Policy on our Site, so please check regularly for any updates. The updated Policy will take effect from the date of posting.
- Your continued use of our Site or Services, or provision of further Personal Information to us after this Policy has been updated, will constitute your acceptance of the amended Policy.
- Contact Information
Targeted Yoga Services welcomes your comments or questions regarding the Site, our Services, or this Policy.
Please contact us using the following details. Email; email@example.com
What you’ll need to set up your account
Australian Business Number (ABN)
Mandatory COVID-19 training
Apply for a National Police Check through Targeted Yoga Services
Working with Children Check (if working with children)