The Client and the Worker both use the Mycare Platform and have agreed to enter this agreement. Where an Organiser is acting on behalf of the Client, then the term “Client” includes the Organiser but only to the extent of that capacity.

The Worker will provide the Services on the terms of this agreement. “Services” includes services described in the Agreement Details and provided by the Worker under this agreement.

The Worker is an independent contractor and this agreement does not create any employment relationship between the parties. The Worker may provide services to any other clients. The Client may use other care workers for any services.

The Services are described in the Agreement Details. The Client and the Worker may amend the Agreement Details. In performing this agreement both parties will use the Mycare Platform for managing the Services including visits, time, approvals, payments and other information. The Client and Worker will comply with Mycare’s terms of use at all times.

The Worker will:

• Submit visit records on the Mycare Platform
• Take all reasonable steps to inform itself of the Client’s requirements for the Services
• Perform the Services properly to meet the Clients needs and timing
• Communicate openly and honestly, be respectful and courteous
• Record all complaints and disagreements and try to resolve issues fairly and honestly
• Give at least 24 hours notice if the Worker is unable to provide Services including scheduled visits
• Keep confidential and respect Client (and their family’s) information and privacy.

The Client will:

• Carry out relevant changes to and approvals of visit records on the Mycare Platform
• Provide the Worker with reasonable information to allow the Worker to provide the Services to meet the Client’s needs
• Inform the Worker of any concerns about the Services
• Be respectful and courteous to the Worker
• Allow the Worker access at reasonable times to premises where the Services are provided to the Client;
• Give the Worker as much notice as possible when changing or cancelling Services including visit times.

The Client will schedule visits or other Services by the Worker and the Worker will complete all time and Service details, in each case using the Mycare Platform. The Client will pay for the Services at the rates shown in the Agreement Details. All time, service and payment processes are to be completed through the Mycare Platform in accordance with its payment processes and terms. The amounts in the Agreement Details are the only amounts payable by the Client to the Worker for the Services.

The Client and Worker agree that Mycare will deduct and pay amounts to the IRD on account of scheduler payments or withholding tax on all payments for Services at the rate described in the Contract Details. Aside from those obligations, all taxes (including income tax, ACC, GST and all other taxes) relating to the Services and the performance of Worker’s obligations under this agreement are the sole responsibility of the Worker who is an independent contractor. The Worker is either not registered for GST or if it is, this will be shown in the Agreement Details and included in the amount payable to the Worker.

The Worker and the Client may each have access to confidential information relating to other. Each agrees, subject to any Mycare terms of use, to treat that information as strictly confidential; not use that information (or allow it to be used) for any purpose other than to perform or obtain Services under this agreement; and not disclose that information to anyone except a person with a need to know for the purposes of meeting obligations, enforcing, or obtaining the benefit of this agreement.

The Worker and the Client are not liable for:

• Any breach of this agreement or law or any, negligence in any case to the extent it is due to to the fault or actions of the other party or a force majeure event
• Any indirect, consequential, incidental, special or punitive damages.

In any case where party's liability is not excluded or limited above, the total liability of that party will be limited to the amount paid under this agreement for Services which have been provided.

The Client and Worker may each provide feedback to or about the other at any time either on Mycare Platform or otherwise. If the Client or Worker have a complaint relating to this agreement they may inform the other, or inform any other person. Where any issue arises which is or may be a breach of the Client’s Rights all Client’s are encouraged to raise the issue with or make a complaint to, the Health & Disability Commission.

Either party can terminate this agreement immediately on written notice to the other. On termination the Worker will deliver back to the Client its property including but not limited to all keys and information and records belonging to the Client. Confidentiality and privacy provisions of this agreement will continue after termination.

This agreement is personal to the Worker who may not assign or sub-contract all or part of its obligations to any other person.

This agreement (which includes the Agreement Details) is governed by New Zealand law and courts. This agreement and the Mycare terms of use comprise the entire agreement between the parties and there are no representations, understandings or agreements relating to the Services. Changes in writing to this agreement will be effective.