Provider Terms & Conditions

1. About this agreement

These Terms apply to providers registering for or using HappyWink. “HappyWink”, “we”, “us” and “our” means HappyWink. “You” means the provider business or organisation named in the account, including a sole trader where applicable. A “care opportunity” is a care request available for eligible provider access. The person accepting these Terms must be at least 18, have legal capacity and be authorised to bind the provider. These Terms, the commercial schedule and the plan or order details supplied and accepted before purchase form the agreement. Mandatory law prevails; accepted plan details govern the specific commercial fields they address and do not permit misuse of care-seeker information.

2. HappyWink and independent providers

HappyWink connects people seeking care or support with independent providers. Unless expressly agreed otherwise, we do not deliver, employ workers for, supervise or control your services, and we are not a party to your care service agreements. You operate your own business and are responsible for your workers, service delivery, funding compliance, invoices and client arrangements. Platform membership does not create employment, agency, partnership, exclusivity or authority to act for HappyWink.

3. Registration and account access

Provide accurate business, ABN, contact, service-area, funding and registration information. Identify your authorised account contact and promptly update material changes. We may require reasonable clarification or verification before granting access. Use authorised staff access where available, protect credentials, remove access when a worker no longer needs it, and notify us promptly of compromised credentials or unauthorised use.

4. Verification and business changes

HappyWink verifies your ABN and, where applicable, claimed provider registration status. Verification reflects only its described scope and information checked; it is not accreditation of every service or worker, or a guarantee of quality, safety or suitability. Do not exaggerate a badge or imply an endorsement. Promptly notify us of registration restrictions, suspension, expiry, a legal-entity change or another change affecting eligibility. Provider access cannot be transferred to another business without our verification and written agreement.

5. Provider profiles and service information

Describe services, locations, availability, registration and accepted funding accurately. Offer only services you are legally permitted and reasonably equipped to deliver. Do not claim registrations, qualifications, outcomes or insurance you do not hold. Displayed prices, testimonials and experience claims must be truthful and supported.

6. Service compliance and provider responsibilities

Maintain all registrations, licences, insurance, qualifications, worker screening and other requirements for your services and funding pathways. You are responsible for worker competence, lawful engagement, supervision and safe delivery. Comply with applicable care, privacy, consumer, employment, safeguarding and funding laws, including the NDIS and Aged Care Codes of Conduct where applicable. Before delivery, assess whether you can meet the person’s needs and agree services, charges, funding, consent, scheduling and cancellation arrangements with the care seeker or authorised representative.

7. Matching and opportunity summaries

The platform makes relevant opportunities available using request and provider information, including requested service, selected service areas, funding and eligibility factors. Matching may use automated filtering or recommendations. Before access, you see a limited service, general-location and funding or plan-management summary. It excludes the requester’s name, phone, email, postcode and optional free-text description. Do not try to identify a requester or obtain restricted information through unauthorised means.

8. Accessing a care opportunity

Up to five providers in total may access a requester’s contact details and relevant request information unless a request closes sooner. Access does not create an exclusive right to a client, booking or service agreement. Where HappyWink Coins are required, the cost must be shown before confirmation and deducted only when access is successfully provided. A successful access provides an opportunity to contact a requester; it does not promise a response, eligibility, acceptance, revenue or a particular number of opportunities.

9. Contacting care seekers and agreeing to care

Contact a requester only about the legitimately accessed opportunity. Identify your business and explain that you received the request through HappyWink. Contact at reasonable times, use reasonable follow-up, and do not pressure, harass or repeatedly pursue someone who has declined or asked you to stop. Any care agreement is generally between you and the care seeker or authorised representative. Explain services, rates, charges, funding limits and cancellation conditions before agreement.

10. Care opportunity data and privacy

Care-seeker information may include sensitive health or disability information. Receiving it permits you to respond to the particular request within the disclosed purpose, not to use it generally. Restrict access to those who reasonably need it, use appropriate confidentiality and security controls, and obtain any further required consent. Do not sell, trade or disclose request information to unrelated providers, lead brokers or marketers; add it to advertising audiences; train AI models with it; or use it for unrelated prospecting. Retain it only as long as reasonably needed for an authorised or legally required purpose.

11. Security and information incidents

Use secure devices, controlled access and appropriate authentication for platform information. Avoid unsecured transmission and uncontrolled records; secure exports and backups. Promptly notify HappyWink of a suspected or actual incident involving HappyWink information, contain harm, preserve relevant evidence and cooperate with the response. This does not replace your own legally required assessments or notifications.

12. Conduct and safeguarding

Treat people with dignity, respect their choices and protect them from abuse, neglect, discrimination, exploitation and inappropriate financial pressure. Meet applicable incident-reporting and safeguarding duties, and promptly tell HappyWink about serious platform-related safety concerns where lawful and relevant. HappyWink is not an emergency response service: call 000 for an emergency or immediate danger.

13. Subscriptions and accepted plan details

The accepted plan and commercial schedule state the price, billing period, features, included HappyWink Coins and any minimum term or renewal conditions. These details must be shown before purchase. A paid plan does not promise a minimum quantity of care requests or that included Coins will result in clients. Changes to a plan must disclose their effective date and any price, allocation or prorating adjustment before agreement.

14. Payments and recurring authorisations

HappyWink uses third-party payment processors, including Stripe. A recurring payment requires authorisation to the disclosed amount or calculation, billing frequency and renewal arrangement. Maintain current billing information and pay validly agreed charges. We will provide transaction information and a way to raise billing issues. Any late, retry, recovery or transaction fee must be disclosed, lawful and reasonable where required.

15. HappyWink Coins

HappyWink Coins are digital platform credits available through a subscription or other permitted purchase or allocation to access eligible care opportunities. They are not cryptocurrency, legal tender, stored monetary value or an investment product. The commercial schedule states allocations, purchase options, expiry, rollover, transfer and cancellation rules before the relevant purchase or allocation. We may correct demonstrable accounting errors or reverse credits obtained through proven fraud, with an explanation and reasonable opportunity to dispute the adjustment.

16. Renewal and cancellation

Renewal occurs only on the arrangement you accepted. The commercial schedule sets the billing cycle, any minimum term, cancellation deadline and effective date. You may request cancellation through available account controls or the contact details below. A clear account-closure request is also a request to stop that account’s subscription renewal. Cancellation and closure do not remove accrued refund rights, statutory remedies or responsibility for validly due charges.

17. Opportunity disputes and Coin adjustments

You may request review of an opportunity that was materially defective, including invalid contact details, a material mismatch with its displayed summary, duplicate access charged to the same account or a technical failure to provide access. The accepted commercial schedule or refund rules state the claim period, qualifying issues, evidence and remedy. A person not answering, declining an offer, selecting another provider or later closing a request does not itself prove the service was defective.

18. Refunds and prepaid services

Change-of-mind refunds, unused Coin treatment and promotional-credit rules are those expressly disclosed and accepted in the commercial schedule. Nothing imposes a blanket “no refunds” rule or removes remedies required by law. If we permanently withdraw a paid feature before supplying prepaid services, we will refund a reasonable unused portion unless you agree to an equivalent replacement or another lawful resolution.

19. Fair use and prohibited activity

Do not create fake requests, manipulate matching, use accounts or related entities to circumvent limits or Coin charges, obtain restricted information without authorised access, impersonate clients, falsify compliance documents, misuse verification badges, compromise systems, upload malicious material, conduct unauthorised extraction or access another account. Legitimate competition, use of other platforms and direct care agreements following authorised access are permitted.

20. Provider content and platform materials

You retain ownership of content you submit and give us limited permission to host, reproduce and display it to operate the platform and present your services. You must have necessary rights and permissions, including for testimonials and images. Our branding, software and other materials belong to us or our licensors and may be used only as permitted for your account and business participation.

21. Platform availability and feature changes

We take reasonable steps to operate the platform reliably, but maintenance, faults and events outside our reasonable control may affect access. We may reasonably update features for operation, law, security or safety. Where a change materially reduces an accepted paid service, we will provide reasonable notice where practicable and explain alternatives, cancellation and any applicable refund.

22. Restricting access and account review

We may restrict opportunities, remove content or suspend access where we reasonably believe there is a material breach, fraud, unlawful activity, loss of required registration, a credible safety risk, compromised security or a legal requirement. A restriction must be proportionate. Where practicable, we will explain the issue, provide a reasonable opportunity to respond or correct it, and tell you how to request review.

23. Ending the provider relationship

You may request account closure or cancel renewal as described above. We may terminate access for serious or repeated material breach, unresolved loss of eligibility, a legal requirement or substantial safety risk, after a reasonable opportunity to respond where appropriate. Closure does not end your separate client agreements or replace your duties to arrange safe continuity of care. Privacy, confidentiality, valid outstanding charges, lawful recordkeeping and rights or claims already arising continue as applicable.

24. Legal rights and responsibility for loss

Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded, including Australian Consumer Law guarantees and protections against unfair contract terms. Each party is responsible for its own conduct and applicable legal obligations. These Terms do not require a provider to cover losses caused by HappyWink’s negligence or wrongdoing, or impose a blanket waiver of liability.

25. Complaints and dispute resolution

Raise platform, billing, verification, access or conduct concerns through the contact details below, including provider details, relevant reference, key facts and a proposed resolution. We will acknowledge and investigate concerns, seek relevant information and explain our response and review options. We aim to respond within 30 days and will explain any delay. The parties may agree to mediation if useful; it is not a mandatory barrier to a court, tribunal, regulator complaint or urgent relief.

26. Changes to Terms and commercial arrangements

We may update these Terms for reasonable changes to law, the platform or operating arrangements. Changes apply prospectively and do not retrospectively remove accrued rights or legal remedies. For material changes to rights, charges or obligations, we will provide reasonable advance notice and seek acceptance where required. Subscription price changes will not alter an already paid period and must be notified before the relevant renewal.

27. Governing law and general provisions

These Terms are governed by applicable Australian and state or territory laws. Mandatory protections remain available and a claim may be brought in another court or tribunal where applicable law permits. If a provision is unenforceable, it is ineffective only to that extent and the remainder continues where it can operate independently. Delay in exercising a right does not waive it.

28. Privacy information and contact details

Our Privacy Policy explains how we handle provider and care-seeker information, including payment-related data, overseas handling, retention, access and complaints. Payment processors handle relevant information under their own applicable privacy notices, including Stripe.

Commercial schedule

The plan details supplied with a provider’s accepted order form part of this agreement. They set out the specific subscription, HappyWink Coin and refund arrangements for that order, including plan features, fee and GST treatment, billing and renewal, minimum term, Coin allocation and access costs, cancellation, unused balances, refunds and plan adjustments.

Any minimum term, automatic renewal, optional charge, allocation, expiry and refund conditions must be stated before purchase. Rules affecting already purchased or validly allocated rights remain subject to these Terms and applicable law.