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Terms & Conditions

Please read these Terms & Conditions of Use carefully before using this website Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Your Hart2Hart relationship with you in relation to your use of this website. By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Your Hart2Hart and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Your Hart2Hart rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Your Hart2Hart is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER LAW

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Your Hart2Hart liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again. You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

Your Hart2Hart may, from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Your Hart2Hart and the owners of those websites. Your Hart2Hart takes no responsibility for any of the content found on the linked websites. Your Hart2Hart website may contain information provided by third parties for which Your Hart2Hart accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Your Hart2Hart absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Your Hart2Hart gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Your Hart2Hart to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Your Hart2Hart, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Your Hart2Hart respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully. You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Your Hart2Hart secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Your Hart2Hart collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Your Hart2Hart does not and will not sell or deal in personal or customer information. We may, however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSURE OF YOUR INFORMATION

Your Hart2Hart may be required, in certain circumstances, to disclose information in good faith and where Your Hart2Hart is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Your Hart2Hart, its customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Your Hart2Hart Your Hart2Hart expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Your Hart2Hart will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Your Hart2Hart reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK & RESTRICTIONS OF USE

This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website. Your Hart2Hart expressly reserves all copyright and trademark on its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extract for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it on any other website or other forms of the electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Your Hart2Hart concerning your use and access to Your Hart2Hart website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Your Hart2Hart that results in litigation then you must submit to the jurisdiction of the courts of Queensland.

Your Hart 2 Hart Community Participation
SERVICE AGREEMENT

 

Core and Capacity building budgets in your NDIS Plan can be used to access supports such as to assist a participant to engage in community, social and recreational activities during the week (including weekends and public holidays).

Your Hart 2 Hart Pty Ltd charge fees at the rate reflected in the NDIS Price Guide 2022-2023.

If transport is required, you will be charged 1:1 plus up to 60 minutes of travel from our head office in Melbourne CBD.  We offer a combination of the following supports:

Support worker using their own vehicle,  you will be required to pay $0.85 per km for the workers travel in their own vehicle (including when the participant is not in the vehicle).  Any tolls or parking fees will also be charged.

Your Hart to Hart partners with Uber.  All expenses in relation to Uber, will be billed back to your plan in hours.  We use this support for major sporting events and night time events.

The following are the costs for service for community participation in our groups:

 

Monday to Friday – 6:00am to 8:00pm:

1 support worker to 1 participant = $62.17 per hour

1 support worker to 2 participant = $34.82 per hour

1 support worker to 3 participant = $25.70 per hour

 

Monday to Friday – 8:00pm onwards to midnight

1 support worker to 1 participant = $68.50 per hour

1 support worker to 2 participant = $38.36 per hour

1 support worker to 3 participant = $28.31 per hour

 

Saturday

1 support worker to 1 participant = $87.51 per hour

1 support worker to 2 participant = $49.01 per hour

1 support worker to 3 participant = $36.17 per hour

 

Sunday

1 support worker to 1 participant = $112.85 per hour

1 support worker to 2 participant = $63.20 per hour

1 support worker to 3 participant = $46.64 per hour

 

Public Holiday

1 support worker to 1 participant = $138.20 per hour

1 support worker to 2 participant = $77.39 per hour

1 support worker to 3 participant = $57.12 per hour

 

Capacity building community participation

$70.87 per hour (no uber for weekend)

 

If there is less than 3 participants in the group, we will charge appropriately as per the above costs.

Your Rights

  • You have a right to be communicated with respect
  • You have a right to choose to give feedback
  • You have a right to accept or refuse service
  • You have a right to complain or express grievances about Your Hart 2 Hart or operations

 

Our rights

  • We have a right to be communicated with respectfully
  • Fellow participants have a right to be communicated with respect
  • We have a right to terminate service if the terms and conditions are not adhered to
  • If a worker thinks they are unsafe, they will discontinue or not proceed with the activity and the participant supported to return  home

 

Your responsibilities

  • To advise us of any changes to your contact details
  • Please bring along your pension card or companion card. If you don’t provide this, you may have to pay for the ticket to the group activity (if applicable)
  • To respect the rights, privacy and dignity of Your Hart 2 Hart staff and other participants
  • To take responsibility for yourself and the results of any decision you make
  • To not drink alcohol on any group outing
  • To make sure you stay with the group and advise staff if you need to leave the group for any reason
  • Make sure you behave in accordance with instructions from staff
  • Treat all group participants with respect and courtesy
  • Respect the privacy of group members and not exchange personal information such as addresses or telephone numbers
  • To advise staff if you have or believe you may have an infectious illness
  • To advise staff of any allergies or supports you require for safe participation
  • For late evening events you are required to have organised private transport or use Uber. This is to ensure safe return to your home after an event

 

COVID-19 restrictions

If you have a cough or any type of respiratory illness, please stay at home.  If you turn up to the group feeling ill, you will be asked to leave as we are required to facilitate a safe environment for all.

We take the health and safety of our staff and participants very seriously.  If you feel ill, please give us a call and provide a maximum of 7 days notice no charges will be made from your plan, unless the ticket has already been purchased.  When the ticket to an event is purchased and you cancel after this, you will be charged as if you are going to the event.

 

Terms and conditions

If you call this service or want us to do administrative work for the participant.  We will charge the 1:1 rate for time taken (charged in 15 minute increments).  This excludes the following:

Confirming group meeting time/uber pickup

Discussing what group the participant wants to do next

Completing the service agreement

 

If you need to cancel or postpone the appointment, please provide a minimum  of 7 days’ notice (unless it is a ticketed event as per above).  If the appointment is cancelled within this time, the total hours that was quoted as part of the service agreement, will be charged.  This will be charged from the core supports line item in the plan.  If it is raining, the event will still go ahead unless you hear from us.  If an event is not taking place, you will be advised prior to the event.

 

If a support worker needs to travel to your house for supports, a maximum of 60 minutes of funding will be charged from your core budget from our head office based on 1 to 1 ratio and the costs of uber related expenses (if required) will be charged to the core budget.

 

If the group activity program  of your choice involves high popularity events and the tickets require early purchase for participation,  you will be charged 100% of service hours for that support should you cancel.  This clause will relate to high popularity events where we need to book ahead of time to secure seats. These shifts are rostered for you and, for high demand events, we need customers to ensure that they can commit to participation in these events before booking service. As your ticket is not transferable if you book for the high demand event it is final and the 7 day notice period does not apply.

If your Plan Manager does not pay the invoices within 14 days of invoices been raised, you will not be able to be able to participate in the group activities until the account is paid up to date.

The  service agreement can be  completed once for each financial year. Signing this agreement confirms that  you are aware of the terms and conditions of this agreement.  We are able to accept emails from the participant as part of this service agreement if they would like to attend an activity.

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Your Hart 2 Hart Short Term Accommodation SERVICE AGREEMENT

 

Core support budgets in your NDIS Plan can be used to access short term accommodation (respite) during the week (including weekends and public holidays).

Your Hart 2 Hart Pty Ltd charge fees at the rate reflected in the NDIS Price Guide 2022-2023.

If transport is required, Your Hart to Hart partners with Uber.  All expenses in relation to Uber, will be billed back to your plan in hours on top of the Short Term Accommodation rate.

 

The following are the costs for service for short term accommodation (this includes our group activities if the participant would like to attend):

 

Monday to Friday:

1 support worker to 1 participant = $1928.20 per day

 

Saturday

1 support worker to 1 participant = $2465.80 per day

 

Sunday

1 support worker to 1 participant = $3124.12 per day

 

Public Holiday

1 support worker to 1 participant = $3782.44 per day

 

Your Rights

  • You have a right to be communicated with respect
  • You have a right to choose to give feedback
  • You have a right to accept or refuse service
  • You have a right to complain or express grievances about Your Hart 2 Hart or operations

 

Our rights

  • We have a right to be communicated with respectfully
  • Fellow participants have a right to be communicated with respect
  • We have a right to terminate service if the terms and conditions are not adhered to
  • If a worker thinks they are unsafe, they will discontinue or not proceed with the activity and the participant supported to return  home

 

Your responsibilities

  • To advise us of any changes to your contact details
  • Please bring along your pension card or companion card. If you don’t provide this, you may have to pay for the ticket to any group activity (if applicable)
  • To respect the rights, privacy and dignity of Your Hart 2 Hart staff and other participants
  • To take responsibility for yourself and the results of any decision you make
  • To not drink alcohol during your stay
  • Make sure you behave in accordance with instructions from staff
  • Respect the privacy of any participant and not exchange personal information such as addresses or telephone numbers
  • To advise staff if you have or believe you may have an infectious illness
  • To advise staff of any allergies or supports you require for safe participation
  • For late evening events you are required to have Uber support. This is to ensure safe return to your accommodation after an event

 

COVID-19 restrictions

We take the health and safety of our staff and participants very seriously.  If you feel ill, please give us a call and provide a maximum of 7 days’ notice,

 

Terms and conditions

If you need to cancel or postpone the appointment, please provide a minimum  of 7 days’ notice.  If the accommodation is cancelled within this time, the total hours that was quoted as part of the service agreement, will be charged.  This will be charged from the core supports line item in the plan.

 

If your short term accommodation lasts longer than 7 days, 2 separate invoices will be sent to the plan manager (if plan managed)

 

Self-Managed participants

If you are self-managed, you will be invoiced prior to the short term accommodation.  Payment of invoice will be required 1 week prior to the short term accommodation commencement date.

 

If no payment or proof of payment is made prior to the accommodation, the participant will be unable to attend.

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