Terms and conditions

Effective Date: 14th February 2025

1. Introduction

1.1. Vista Home Support provides in-home nursing, personal care, and disability support services tailored to individual needs.

1.2. By engaging our services, you ("Client") agree to these Terms and Conditions. If you do not agree, please refrain from using our services.

1.3. We reserve the right to amend these Terms and Conditions at any time and in such circumstances will notify you of the amendments. You have the right to disagree with and not accept the amendments or any Terms and Conditions but this may result in cancellation of your services.

1.4. This agreement is:

A binding contract between You and Vista Home Support and represents all Terms and Conditions, policies, rights, and responsibilities associated with being a client of Vista Home Support.
This binding contract comes into existence once you accept these terms and conditions by signing the "I agree to these terms and conditions" and Vista Home Support notifies you that your application has been accepted.
These Terms and Conditions constitute the entire agreement between a client and Vista Home Support.

1.5. A copy of the Terms and Conditions applicable to clients from time to time are available at www.vistahomesupport.com.au. Should Vista Home Support modify or alter the Terms and Conditions as detailed in this agreement, Vista Home Support will provide you with the amended Terms and Conditions via your nominated contact details.

2. Definitions

"Agreement": This Terms and Conditions document.
"Services": The in-home care and support services provided by Vista Home Support.
"Client": The individual receiving services from Vista Home Support.
"Authorised Representative": A person authorised to act on behalf of the Client.
"Care Plan": means a program of direct and indirect care Services and activities developed by a Case Manager with the Helper to best meet the current caring needs of the Member.
"Third Party Service Provider": means an external party, business, contractor who has been recommended and endorsed by Vista Home Support to provide services to clients under their own Service Agreement
"Staff": refers to an authorised and verified person providing Services to Members on behalf of Vista Home Support
"Invoice": means an invoice for fees between Vista Home Support and client
"Service" or "Services": means activities provided to the clients directly by Vista Home Support
"Service Fee": means fees associated with the provision of Services, provided by Vista Home Support and payable by the client in receipt of Services
"Visit": means a single episode of care provided for a client by a Vista Home Support recorded via the platform Vista Home Support utilise
"We" and "Vista Home Support" means Audrey & Leo Pty Ltd (ACN 677 251 928), and include its officers and employees, contractors, agents and related corporations where the context permits in connection with claims or actions against Vista Home Support or where the context permits in connection with things being attributable to the actions of Vista Home Support
"You" and/or "Your": means you, the person operating this website and applying for services from Vista Home Support

3. Client Eligibility

3.1 As a client, You represent and warrant that:

You are at least 18 years old;
You have the right, authority and capacity to enter into this Agreement;
You will abide by the Terms and Conditions, relevant policies and rights and responsibilities of this Agreement; and
Neither You, nor anyone residing in your home where Services may be provided:

i. has been the subject of a restraining order or any other legal action or convicted of any criminal offence; or

ii. has been and/or is currently required to register as a sex offender in any jurisdiction or with any governmental entity; or

iii. are not under any obligation or restriction which would interfere with or conflict with the staff providing the services under this Agreement and the staff will not assume any such obligation or restriction.

3.2 If you are entering into this Agreement as an Authorised Representative, You represent and warrant that:

You are at least 18 years old;
You have the right, authority and capacity to enter into this Agreement on behalf of a person who may not have legal capacity;
You will abide by the Terms and Conditions as set out for Members

4. Services Provided

4.1. Vista Home Support offers:

In-home nursing care.
Personal care assistance.
Disability support services.

4.2. Services are customised based on individual assessments and care plans.

5. Vista Home Support Obligations and Warranties

As a client, you are entitled to offerings in accordance with your service agreement.

5.1 Each Director, Manager or Employee of Vista Home Support will:

Rely on the information that You provide as being true, accurate, complete and current;
Protect and maintain Your Privacy in accordance with our Privacy Policy;
Only authorise Staff to provide those Services You have requested, authorised and consented to;
Respond to Your specific requests and requirements in the provision of Services as it relates to clinical governance and quality of care outcomes;
Respect Your decisions in accepting and determining Services;
Provide You with a detailed care assessment to assess your caring needs (in conjunction with a Case Manager);
Provide You with a detailed Care Plan best meeting those needs;
Provide the necessary technology, platform, procedures, governance, training and invoicing used to process the direct exchange between You and Vista Home Support;
Provide necessary clinical oversight relevant to Your care;
Co-ordinate allied health needs relating to Your care;
Seek regular feedback and reviews in relation to Your experience with Vista Home Support.

5.2 In the event a staff does not meet the Service requirements or provide the Services, then Vista Home Support will source a suitable alternative staff and reschedule the Services.

6. Client Obligations, Rights and Responsibilities

6.1 As a Client or Authorised Representative, You are required to:

Provide accurate and up-to-date personal and medical information.
Complete a Direct Debit Authority before the provision of services.
Participate in an introductory meeting with a Vista Home Support representative in Your home where Services will be provided;
Provide all information necessary to ensure Your needs are understood so the most effective Service can be provided to You;
Update us with any new or additional relevant information;
Respect the privacy of Staff in relation to identifying sensitive information;
Ensure Your home environment is safe and suitable for the Services to be delivered and allow selected Vista Home Support Staff access to the home environment; and
Ensure Your vehicle is registered, covered by relevant third party personal insurance in the relevant jurisdiction, fully comprehensively insured and roadworthy for driving in Australia if You request transportation services from a Staff using this vehicle.
Promptly report issues of concern to Vista Home Support.

6.2 As a Client or Authorised Representative, You warrant that:

All of the information You provide is true, accurate, complete and current as it pertains to the curation of Services by Vista Home Support;
Your Account will not be shared with any person who is not an Authorised Representative; and
You have provided Consent to Services in accordance with this Agreement.

7. Staff Obligations and Warranties

7.1 Vista Home Support has the right to take reasonable action to protect the interests of Vista Home Support and associated parties of Vista Home Support. To the extent that Staffs have warranted that they are competent and lawful to provide Services, Vista Home Support relies on those warranties, including in respect of the provision of honest responses and documentation.

7.2 Vista Home Support warrants to Clients that Staffs have warranted that they are / have / will:

Capable, skilled, experienced, qualified and properly screened to the best of the ability of Vista Home Support to provide Services for which they are nominated;
Not prohibited from providing the Services they elect to provide;
Agreed to comply with all relevant Terms and Conditions of Vista Home Support including confidentiality, privacy and obligations regarding professional behaviour;
Been honest in the information they provide;
Fully comply with the _Aged Care Act _1997 (Cth) and meet the Home Care Common Standards; and
A registered, CTP insured and roadworthy vehicle for driving in Australia if this vehicle is used to facilitate provision of the Services to a Client.
Been inducted into the Vista Home Support Staff model of service.
Fit for duty and not suffering from any medical condition which may impede upon their ability to perform the inherent requirements of a Vista Home Support Staff.

7.3 Vista Home Support will undertake all reasonable measures to verify the validity of information provided by Staffs, but disclaims all liability whatsoever in circumstances of fraudulent conduct of a Staff.

7.4 Other ‘Staffs’ (‘Community Leads’ or employed Staffs) who are not sole traders / self-employed Vista Home Support will:

Undergo Vista Home Support screening and reputation checks before being approved to provide Services to Clients;
Be required to accept Vista Home Support Terms and Conditions;
Engage directly with the Client in relation to the provision and payment of Services;

8. Conduct and Behaviour

8.1 You will not misrepresent Your identity, health or needs. You will not be discriminating, unlawful, rude, defamatory, harmful, threatening, indecent, harassing, abusive, aggressive or offensive. You will not participate in, encourage or advocate an illegal activity or violate any law, statute or regulation in Your dealings with Vista Home Support or any Staffs.

8.2 You will take all reasonable steps to prevent harm to others whilst they are providing Services to You in Your home. You will maintain privacy and act to protect the rights of third parties. This obligation continues beyond the life of this agreement and is not limited by time.

8.3 You will not publicly act in any way to harm the reputation of Vista Home Support or any associated or interested parties or do anything contrary to the interests of Vista Home Support.

8.4 You will not solicit, canvass, induce or encourage (or attempt to do any of these things) any Staff whilst they are engaged by Vista Home Support to terminate their contracts with the Company.

8.5 You will not entice, employ or procure the services of any Staffs registered with Vista Home Support, either privately or through another provider, through any means other than Vista Home Support, in order to receive services of a similar nature to those included in the Care Plan developed by Vista Home Support.

8.6 Vista Home Support reserves the right to raise any concerning conduct or behaviour with You and will seek a satisfactory resolution or otherwise Services may be discontinued.

9. Privacy and Consent

Vista Home Support will manage identifying, personal and sensitive information in accordance with The Privacy Act 1988 (Cth). Vista Home Support has a Privacy Policy which details how Vista Home Support will collect, hold, use and disclose personal information. All requests for your own personal information must be directed to the Director of Vista Home Support on admin@vistahomesupport.com.au

10. Relationship between Parties

10.1 As a Client You are not legally affiliated with Vista Home Support and there is no business arrangement intended or created by Your Services except these Terms and Conditions.

10.2 All parties associated with Vista Home Support must comply with the law and act in good faith towards one another and in a manner to protect the interests and reputation of Vista Home Support and associated persons and or parties.

10.3 The relationship between Vista Home Support and Client is in place whilst the Client's Services is active.

11. Complaints and Dispute Resolution

11.1 As a Client, You can make complaints directly to the Staff and these should be resolved directly between You and the Staff. If issues remain unresolved and they are related to Services provided via Vista Home Support, You can report these to the Director of Vista Home Support to provide assistance and advice for resolution. Vista Home Support will investigate the matter with the goal of addressing concerns and resolving the matter efficiently and effectively ideally to the satisfaction of all parties.

11.2 Vista Home Support has the right to engage an independent mediator or arbitrator if other attempts to resolve the matter fail. The costs of obtaining an independent mediator or arbitrator will be shared equally among the parties.

11.3 If necessary, Services can be suspended until matters are resolved. In the event issues cannot be resolved, the Client and Vista Home Support both have the right to cancel Service agreement ceasing any binding agreement between the parties.

11.4 Any costs associated with dispute resolution are the responsibility of the respective party associated with the cost. Both parties are entitled to attempt to recover all reasonable costs incurred in association with a dispute through initiating appropriate legal proceedings.

12. Fees and Payment terms

12.1 Vista Home Support offers various services aligned to the complexity of help required. The care plan must be agreed to by the Vista Home Support Case Manager as suitable for the Client, and is subject to review if the Client's needs change over time.

12.2 Fees and Payment terms for Home Care Package funded Clients are governed by the clients’ Home Care Agreement and Individual Budget.

12.3 Fees for agency managed NDIS participants will not exceed the capped rates of NDIS and will be billed to the agency by Vista Home Support

12.4 Fees for private Clients will be invoiced directly to Clients.

12.5 Services provided by Vista Home Support Staffs will be invoiced weekly by the Vista Home Support paid for by the Client in accordance with the Service Fees relevant to the Services provided.

12.6 Service Fees are rates set by Vista Home Support outlined at the Service Agreement.

12.7 Invoices must be paid in full within 7 days from the date the invoice is issued. All Clients are to pay via direct debit to Your nominated bank or credit card.

12.8 If a Client cancels a Service with less than 24 hours’ notice then whether the Service is charged is at the discretion of Vista Home Support.

12.9 If the Vista Home Support Staff cancels the Service with less than 24 hours’ notice then Vista Home Support will take reasonable measures for rescheduling the service if agreeable with the Client or to sourcing an alternative Staff / provider and there will be no additional cost to the Client.

13. Term and Termination

13.1 These Terms and Conditions (as amended) shall commence on the date of commencement of Service and will continue for the duration of Your Services.

13.2 Vista Home Support can suspend and or terminate Your Services at any time, without notice, without liability and without refund, if these Terms and Conditions are breached.

13.3 Terms of Services is for a minimum engagement of 4 weeks and then can be cancelled by either party at any time by providing the other party with 30 days’ notice. Suspension or termination of Services does not void any payment obligations You have already incurred.

13.4 In the event that a Client cancels their Service agreement, the Client will provide written notice of cancellation addressed and sent to admin@vistahomesupport.com.au. Such cancellations will be effective from the date they are processed by Vista Home Support

14. Third Party Content

14.1 In the provision of Services, Vista Home Support, may use third parties / external businesses. These third parties may have separate Service Agreements and Terms and Conditions. These are governed by the third party and are not the responsibility of Vista Home Support.

14.2 As a Client You understand that in the provision of Services You may be exposed to these third parties. Vista Home Support will screen and verify third parties Staff but does not control these entities’ activities. It is Your responsibility to accept Services and Terms and Conditions of these third parties.

15. Limitation of Liability

15.1 These Terms and Conditions set out the entire liability of Vista Home Support including any liability for the acts or omissions of its employees, Staffs, sub-contractors and third parties Staffs to the Clients arising under or in connection with the curation of Services.

15.2 Vista Home Support makes no representation or commitment and shall not be liable whether in tort, contract, or otherwise for any loss, damages, charges or expenses incurred by Clients, including for negligence by Vista Home Support.

15.3 The Vista Home Support website has information about the Services offered by Vista Home Support, and other matters on it, and a number of disclaimers and waivers of liability ("Disclaimers") are contained on the website. You agree not to make any claim against Vista Home Support in respect of anything disclaimed in a Disclaimer or any liability a Disclaimer says You waive. You confirm that You have relied entirely on Your own enquiries relating to the Services and Vista Home Support has not made any representation or warranty or promise of any nature except as expressly contained in these Terms and Conditions.

15.4 While Vista Home Support strives to provide high-quality services, we do not guarantee specific outcomes and are not liable for any injury, loss, or damage arising from the services provided, except where required by law.

16. Governing Law and Jurisdiction

16.1 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation including non-contractual disputes or claims are governed by, and construed in accordance with the relevant Australian laws and legislation applicable where You live, as disclosed in your Account Credentials (or in the case where You enter into this Agreement as an Authorised Representative, then the relevant Australian laws and legislation applicable where the person for whom You are acting lives).

16.2 As a Client of Vista Home Support, You understand and acknowledge that the Courts of Australia have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.

For questions or concerns regarding these Terms and Conditions, please contact:

Vista Home Support

Email: admin@vistahomesupport.com.au

Website: www.vistahomesupport.com.au

By engaging our services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.