Terms of Use

Date of last update: 23 January 2024

 

Introduction

  • SupportApp Pty Ltd ACN 674 266 883 (“we”, “us”, “our”, “SupportApp” or “our Services”),offers a subscription based online platform that facilitates the connection between NDIS participants seeking Support Services (“Clients”) and Support Workers (collectively known as “Members”). 
  • These Terms and Conditions, along with any additional Agreements mandated by SupportApp, govern your association with SupportApp and your utilisation of its platform, including the Site, the App, and the Service (referred to as “the Service/s“).
  • These terms of use (“Terms”) govern your access and use of our Services.
  • By accessing and using our Services, you agree to be bound by these Terms, including but not limited to any policies and terms and conditions referenced herein. This agreement forms a binding contract between you and SupportApp. You must be at least 18 years old to create an Account and use the Site. If you do not agree with these Terms, you must not access or use our Services.
  • Your acceptance of this Agreement is a prerequisite for utilising our Service.
  • We reserve our right to change these Terms at any time, without notice to you.  When we change these Terms, we will also update the “Date of last update” at the top of these Terms.  You should check this page occasionally to ensure you are familiar with any changes.

 

Promotional Offers 

  • Specials, Promotional Offers, reduced Plans, or reduced Memberships (“Offers“) may be made available by SupportApp from time to time. Offer eligibility is solely determined by SupportApp, and we retain the right to withdraw an Offer and suspend your account if, at our discretion, we find you ineligible

 

Intellectual property rights

  • All intellectual property rights (including copyright and trademarks) in the content and design of our Services are owned by us. 
  • You may, for personal use only, print a copy of any part of our Services to view it.  All other use, copying or reproduction of any part of our Services is prohibited without our prior written approval. 

 

Links

  • Our Service may provide links to other Services and information. This is done for your convenience only.  We take no responsibility for the accuracy or currency of the information on those sites.  We do not endorse any information, goods or Services referred to within those sites, and our provision of these links should not be taken as an endorsement.

 

Liability

  • We are not liable to you on any basis (including negligence) for any injury, loss or damage (however caused) arising out of or in connection with your use of our Services or its content. For transparency this means exclusions including but not limited to the following terms:
    • Advice medical Services received;
    • Treatments received;
    • Loss of income;
    • Malware or viruses on equipment;
    • Your breach of this agreement;
    • You contravening any law; 
    • You breaching any rights or requirements of third parties;
    • Any content contained in your member account that is incorrect, misleading and/or inaccurate ; and
    • Any disputes arising between members in relation to Care Services provided or received. 
  • SupportApp’s liability is limited and excludes economic loss and is reduced if a Member’s negligence contributes.
  • By entering into this Agreement you are acknowledging that Exclusions and limitations either express or implied are reasonable considering SupportApp’s role.
  • This agreement does not intend to limit liability between Support Worker and Customer for statutory guarantees.
  • SupportApp can plead this Agreement to bar claims brought in breach of its terms.

 

Disclaimer and important terms

  • If you choose to use our Services, you do so at your own sole risk. SupportApp does not provide guarantees and is not responsible for the choice of a Support Worker.
  • We make no representation that anything offered through our Services is available for use in other locations, or that it complies with laws and regulations of other locations.
  • We make no warranty that our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis.
  • We make no warranty regarding accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through our Services, or that our Service is free of viruses or other harmful components.
  • SupportApp operates as a platform facilitating connections between Clients and Support Workers. It is important to note that SupportApp solely provides a platform and does not engage or employ Support Workers or offer Care Services nor do they offer insurance or invoicing Services etc.
  • SupportApp does not employ Support Workers or provide Care Services directly. This agreement does not give rise to an employment arrangement, partnership or joint venture.
  • By creating an account and accepting this agreement Support Workers acknowledge and verify that they are doing so as independent contractors and no other employment, franchise or contracting relationship exists outside these Terms of Use.
  • Members acknowledge that any engagement for Care Services is between them and the Support Worker or Client. SupportApp is not a party to such engagements, Agreements or contracts.
  • SupportApp disclaims liability for acts or omissions of Members on or off the Site.
  • SupportApp and its Affiliates are not liable for various damages, losses, or claims arising from Care Services or Member actions.
  • YOU ARE SOLELY RESPONSIBLE FOR YOUR ENGAGEMENT AND COMMUNICATIONS AND DEALINGS WITH OTHER MEMBERS OF OUR SERVICE. YOU UNDERSTAND THAT SUPPORTAPP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON IT’S MEMBERS OR OTHERWISE SEARCH INTO THE BACKGROUND OF IT’S MEMBERS. SUPPORTAPP PROVIDES NO REPRESENTATIONS OR WARRANTIES IN RELATION TO THE CONDUCT OR COMPATIBILITY OF MEMBERS. 
  • Your use of SupportApp is subject to the limitations of liability, warranties, and indemnities outlined in these Terms of Use.

 

Being a Member

  • To use Member Services, you must set up a Member Account, providing accurate and updated information. All mandatory fields in a member’s profile and account must be complete. 
  • By entering into this Agreement you acknowledge that all information provided by you is true and correct and in the event your information and/or circumstance changes you will immediately update your account so as to reflect the different information/circumstance.
  • Members are responsible for maintaining the confidentiality of their Account Credentials and agree to use their account for lawful purposes.
  • Members are responsible for making informed decisions regarding engagements with other Members.
  • SupportApp may conduct Verification Checks and verify various information provided by Members and by accepting these Terms of Use you acknowledge and provide authority to SupportApp to do so pursuant to relevant legislation.
  • By entering into this Agreement you acknowledge that neither you nor anyone residing at your premises has been convicted of or is under investigation for any criminal offence that relates to violence, assault, sexual offences, offences relating to children’s safety and/or vulnerable people, offences relation to Work Health & Safety, fraud or any other offence that may preclude access to our service.
  • Members will abide by all Codes, Policies, Procedures, Rules and Regulations and Legislation including but not limited to:
  • By becoming a Member you agree that you will not misuse or cause harm or damage to the reputation of the service or its Members.
  • If you are creating an account for a third party such as a minor or a person in your care you are herby agreeing and representing that you have the requisite Authority to do so.
  • Members must adhere to Prohibited Content Policy. Members are responsible for posted content, and SupportApp may reject or modify content at its discretion.
  • Should you breach any of the Terms in this Agreement your membership will be terminated without further notice to you.

 

Payment of Support Workers by Clients

  • The Support Worker and the Client will agree on a rate for Care Services. SupportApp is not privy to any contractual Agreements and/or arrangements that the members agree to between them.
  • The Support Worker is to be paid at their sole discretion as to their method of payment and the Client agrees to pay the Support Worker as directed in accordance with any timeframes required, legislation, regulations, rules, Codes of Conduct and guidelines.
  • Support Workers must ensure that their payment details are up to date at all times and Clients must ensure that they are using the Services provided by the Support Worker in accordance with any timeframes required, legislation, regulations, rules, Codes of Conduct and guidelines. 
  • SupportApp will not collect payment on behalf of the Support Worker.

 

Payments and billing to SupportApp

  • SupportApp is a subscription-based service only. SupportApp will not require payments directly from Support Workers or Clients other than the yearly subscription fee payable at the time of account creation by the Member.
  • The payment to SupportApp allows members to access the platform at any time during their subscription to organise between themselves, including but not limited to permanent shifts and/or extra shifts, Transport, Short Term Accommodation/Respite and more generally Core Supports, Capacity Building Supports as required from time to time.
  • Modifications to Price and Subscription Plans: We reserve the right to alter our subscription plans and adjust the service pricing periodically. Nevertheless, any modifications to the price or adjustments to your subscription plans will not take effect until at least 30 days after we notify you. If you choose not to accept the revised price or changes to your subscription plan, you have the option to cancel your subscription before the adjustments become effective.

 

Indemnity

  • To the fullest extent allowed by law, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, losses and expenses (whether in tort or in contract) arising out of or related to your use of our Services.
  • Members indemnify SupportApp against claims arising from breaches, conduct, or Care Services.
  • Members indemnify SupportApp against any claims arising from non-payment of Support Workers by Clients given that SupportApp is a facilitator of Care Services between Support Workers and Clients not an employer.

 

Dispute resolution

  • Any disputes arising from or in connection with the Care Services received by a Client should be addressed directly between the Client and the Support Worker.

 

Privacy policy

  • We are committed to protecting your personal information. Please refer to our Privacy Policy which describes how we collect and manage your personal information.  By agreeing to and accepting these Terms, you also agree to and accept the terms of our Privacy Policy.

 

Severability

  • If any part of these Terms is held to be illegal, invalid or unenforceable by a Court of law, the legality, validity and enforceability of the remaining parts will not be affected.

 

Waiver

  • Any failure or delay by us to enforce any provision of these Terms will not be interpreted as a waiver of our rights or remedies.

 

Termination

  • These Terms are effective until terminated by us, which we may do at any time and without prior notice to you.
  • Any rights or obligations that have accrued up to and including the date of termination will survive.

 

Governing law and jurisdiction

  • These Terms, and all related matters, shall be governed and interpreted by the laws of New South Wales.
  • Any dispute under these Terms shall be subject to the exclusive jurisdiction of the Courts of New South Wales.

 

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