Advisor Engagement Agreement

BETWEEN: Careness ("the Platform")
AND: The individual identified in the Advisor Registration Profile ("the Advisor")

1. APPOINTMENT AS INDEPENDENT CONTRACTOR

1.1. Nature of Engagement:

Platform Careness engages the Advisor to provide non-clinical peer support services (the "Services") via the Platform. The Advisor acknowledges that Careness is a diverse marketplace and that the Advisor acts as an independent service provider to the Seeker, not an employee of Careness.

1.2. No Employment Relationship:

Nothing in this Agreement creates a relationship of employer and employee, principal and agent, or partnership. The Advisor acknowledges that they:

  • (a) Are not entitled to any employment benefits (annual leave, sick leave, etc.);
  • (b) Are solely responsible for their own income tax obligations (including GST, if applicable), superannuation contributions, and any other statutory levies required under Australian law.
  • (c) Have no authority to bind the Company to any legal obligations.
  • (d) Are responsible for providing their own hardware (computer/webcam) and a stable, private internet connection.
  • (e) Have full control over when they work, which Seekers they accept, and how they manage their sessions, provided they stay within the scope of this Agreement.
  • (f) Personal Service: The Services must be provided personally by the Advisor. Sub-contracting or allowing another person to use the Advisor's account to conduct sessions is strictly prohibited.

2. ELIGIBILITY AND REPRESENTATIONS

2.1. Student Status:

The Advisor warrants that they are currently enrolled in an accredited psychology or mental health degree program. The Advisor agrees to provide proof of enrollment (e.g., student ID, transcript). The Advisor must provide immediate notice if their enrollment status changes.

2.2. Vetting:

This Agreement is contingent upon the Advisor providing a verified proof of academic enrollment.

2.3. No "Holding Out":

The Advisor warrants that they will not represent themselves as a "Registered Psychologist," "Licensed Therapist," or "Doctor" at any time.

2.4. Graduation and Alumni Status:

  • (a) Notification: You must notify Careness within 14 days of completing your degree requirements (i.e., receiving your final grades).
  • (b) Grace Period: Upon graduation, you may enter a "Transition Period" of up to three (3) months, during which you may continue to service existing Seekers. After this period, your account may be converted to an "Alumni Advisor" status (subject to different terms) or deactivated, at the sole discretion of Careness.
  • (c) Prohibition: You strictly warrant that you will not continue to represent yourself as a "current student" to new Seekers after you have graduated.

3. SCOPE OF SERVICES AND BOUNDARIES

3.1. Non-Clinical Support:

The Advisor's role is strictly limited to peer-led advisory services based on lived experience and academic training.

3.2. Prohibited Acts:

The Advisor must not:

  • (a) Formulate a clinical diagnosis or medical assessment;
  • (b) Prescribe, recommend, or comment on psychiatric medications;
  • (c) Provide services to individuals with acute psychosis, active suicidal ideation, or severe clinical pathology.

3.3. Emergency Response and Independent Judgment:

While Careness provides a suggested "Emergency Response Protocol" in Schedule A for guidance, the Advisor acknowledges that every crisis situation is unique.

  • (a) Primary Responsibility: The Advisor retains the ultimate professional responsibility to exercise their own independent judgment and common sense when handling a crisis.
  • (b) Protocol Status: The Careness Protocol is a guideline only and not a substitute for local laws or the Advisor's assessment of immediate safety. The Advisor agrees that following the Protocol does not absolve them of liability if their actions were otherwise negligent.

3.4. Mandatory Reporting:

You acknowledge that you are responsible for complying with any mandatory reporting obligations applicable in your Australian state or territory.

4. FEES, COMMISSION, AND PAYOUTS

4.1. Payment Agent Appointment (Flow of Funds):

The Advisor hereby appoints Careness as its limited payment collection agent solely for the purpose of accepting session fees from Seekers.

  • (a) Advisor is Payee: The Advisor agrees that payment made by a Seeker to Careness shall be considered the same as payment made directly to the Advisor. Careness will then remit the net funds to the Advisor.
  • (b) Superannuation Identity: Because the Seeker is the primary payer for the specific result of a session, the Advisor acknowledges that Careness is not liable for Superannuation Guarantee contributions. The Advisor is solely responsible for their own Superannuation compliance.

4.2. Commission Structure:

The Advisor shall receive the Net Session Fee, defined as the Total Fee paid by the Seeker minus the Careness Platform Commission.

  • (a) Bundle Mechanics: For Seekers who purchase a multi-session bundle (e.g., 120 AUD for 4 sessions), payouts to the Advisor are triggered upon the completion of each individual session, not upon the purchase of the bundle.
  • (b) Modifications: Commission rates are subject to change. Significant changes will be notified to Advisors through the Platform.

4.3. Payment Terms & Payouts:

  • (a) Method: Payouts will be facilitated directly to the bank account or payment details provided by the Advisor via the Platform's payment processor. Careness reserves the right to remit payments manually (e.g., via direct bank transfer) at its discretion. The Advisor acknowledges that such manual administrative disbursements do not constitute an employment salary or wage. Advisors must ensure that their payment details are accurate.
  • (b) Timing: Payouts will be made in accordance with the Platform's payout schedule. Careness may delay, withhold, or suspend a payout where Careness reasonably suspects fraud, non‑compliance with these Terms, or where additional verification is required.
  • (c) Currency & Fees: Payouts will be made in the currency specified by Careness. Careness may deduct applicable platform fees, taxes, or currency conversion costs. Any third‑party fees charged by banks or payment processors are the responsibility of the Advisor.

4.4. Verification and Documentation:

Careness may require Advisors to provide invoices, identity verification, tax information, or bank account verification prior to releasing any payout. Failure to provide requested documentation may result in delayed or withheld payments.

4.5. Errors and Recovery:

If Careness determines that an incorrect payout has been made (including overpayments), Careness may recover the amount by offsetting future payouts or requesting repayment.

4.6. No Show Policy:

  • (a) If an Advisor fails to attend a scheduled session without 24 hours' notice, the Company reserves the right to withhold future payouts or terminate this Agreement for cause.
  • (b) If a Seeker cancels with less than 12 hours' notice, you may be entitled to a "Cancellation Fee" as determined by platform policy.

5. PRIVACY AND DATA SECURITY

5.1. Confidentiality:

The Advisor must maintain strict confidentiality regarding all Seeker interactions. This obligation survives the termination of this Agreement.

5.2. No Recording:

The Advisor is strictly prohibited from recording any video, audio, or chat logs.

5.3. P2P Architecture:

The Advisor acknowledges the WebRTC (Peer-to-Peer) nature of the platform and agrees to conduct sessions in a private, secure environment using a password-protected internet connection.

6. INTELLECTUAL PROPERTY

6.1. Platform IP:

The Advisor acquires no rights to the Careness matching algorithm, brand, or software.

6.2. Training Materials:

Any guidelines or protocols provided by Careness remain the exclusive property of the Platform.

7. INSURANCE AND INDEMNITY

7.1. Insurance:

Advisors are encouraged to maintain Professional Indemnity Insurance appropriate to the services they provide. Careness recommends Advisors confirm that any policy covers peer support, remote sessions, and the jurisdiction(s) in which they operate. Careness is not responsible for obtaining, maintaining, or paying for any insurance on behalf of Advisors. Maintaining adequate insurance is the sole responsibility of the Advisor. The Advisor acknowledges that Careness's own insurance policies do not cover the Advisor's actions, advice, or omissions.

7.2. Indemnity:

The Advisor agrees to indemnify the Platform against any claims, damages, or legal costs (on a solicitor-client basis) arising from the Advisor's:

  • (a) Negligence or willful misconduct;
  • (b) Breach of the National Law (holding out as a practitioner);
  • (c) Violation of Seeker privacy.

8. TERM AND TERMINATION

8.1. At-Will Termination:

Either party may terminate this Agreement at any time by providing 7 days' written notice.

8.2. Immediate Termination:

The Company may terminate this Agreement immediately for "Cause," including but not limited to:

  • (a) Breach of Seeker confidentiality;
  • (b) Failure to maintain student status;
  • (c) Recording a session;
  • (d) Engaging in sexual or inappropriate conduct with a Seeker;
  • (e) Attempting to circumvent the Platform by requesting direct payment.

9. NON-CIRCUMVENTION AND EXCLUSIVITY

9.1. Non-Solicitation:

During the term of this Agreement and for 12 months thereafter, the Advisor must not solicit, induce, or encourage any Seeker introduced via the Platform to move their business off the Platform.

9.2. Off-Platform Payments:

Requesting or accepting direct payment (e.g., Cash, PayID, Bank Transfer) from a Seeker to avoid Platform Fees is a material breach of this Agreement and will result in immediate permanent banning and forfeiture of pending payouts.

10. LIMITATION OF LIABILITY

10.1.

To the maximum extent permitted by law, the Platform's total liability to the Advisor for any claim arising from this Agreement is limited to the total commission paid to the Advisor in the 3 months preceding the claim.

11. GOVERNING LAW

11.1.

This Agreement is governed by the laws of NSW, Australia. The parties submit to the exclusive jurisdiction of the courts of that State.

SCHEDULE A: CARENESS EMERGENCY RESPONSE PROTOCOL

1. TRIGGER EVENTS

The Advisor must initiate this protocol immediately if a Seeker exhibits:

  • Clear intent to harm themselves (suicide plan, means, timeline).
  • Clear intent to harm others (homicide, assault).
  • Acute psychosis or loss of reality (hallucinations, severe dissociation).
  • A medical emergency (overdose, chest pain, seizure).

2. IMMEDIATE ACTION STEPS (IN-SESSION)

If the threat is imminent:

  1. Do NOT hang up. Keep the Seeker on the line if safe to do so.
  2. Calmly ask for their location. (Address, current whereabouts).
  3. Encourage Professional Help: Explicitly state: "I am worried about your safety right now. I need you to call 000 / Emergency Services."
  4. If they refuse: The Advisor must call 000 (Australia) or the local emergency number for the Seeker's location immediately on a separate device.
  5. Provide Details: Give the police/ambulance the Seeker's known name, location, and the nature of the threat.

3. POST-INCIDENT REPORTING

  1. Notify Careness: The Advisor must email carenessplatform@gmail.com with the subject line "URGENT: INCIDENT REPORT - [Date]" within 2 hours of the session ending.
  2. Content of Report: The report must include:
    • Seeker Name/ID.
    • Time of incident.
    • Nature of the risk (e.g., "Suicidal ideation with plan").
    • Action taken (e.g., "Called 000", "Provided Lifeline number").
    • Outcome (if known).

4. DISCLAIMER

This Protocol is a mandatory baseline procedure. Advisors are expected to use their best judgment and prioritize human life over strict adherence to platform rules. When in doubt, call 000.

5. LIMITATION OF PROTOCOL AND ADVISOR RESPONSIBILITY

5.1. Nature of Guidelines:

The Advisor acknowledges that this Protocol serves as a minimum standard of conduct only. It is not an exhaustive list of actions for every possible crisis scenario, nor does it constitute clinical supervision or medical direction by Careness.

5.2. Independent Judgment:

The Advisor retains full professional responsibility to exercise their own independent judgment, common sense, and duty of care based on the specific circumstances of the crisis. If the situation requires actions beyond this Protocol (e.g., contacting family, staying on the line longer), the Advisor is expected to prioritize safety.

5.3. No Guarantee of Outcome:

Strict adherence to this Protocol does not guarantee specific safety outcomes or prevent harm. Careness explicitly disclaims any liability for the effectiveness of these steps in a real-world emergency. The Advisor agrees that following this Protocol does not absolve them of liability for their own negligence, misconduct, or failure to act reasonably under the law.