This services platform (the Platform) is owned and operated by Support Network Pty Ltd ABN 12 640 491 578 (Supnet).
Please read these Terms of Use carefully before accessing and using the Platform. Your use of the Platform is deemed to be your acceptance of these Terms of Use. This document was last updated on 10 November 2020.
You acknowledge that Supnet is a technology services provider, and that the Platform functions as a marketplace to introduce individuals (Clients) who want to receive home care services, aged care services and/or services under the Aged Care Act or National Disability Insurance Scheme (together, Care Services); and (ii) individuals or companies that want to provide Care Services (Care Workers).
The Platform also facilitates the payment of fees by Clients to Care Workers for the provision of those Care Services. Together, these services provided by Supnet are the 'Supnet Services'.
You acknowledge that these Terms of Use create contractual rights between Clients and Care Workers in respect of the provision and receipt of Care Services.
You acknowledge and agree that, to the extent permitted by law, Supnet does not:
In order to fully access the Website and receive the Supnet Services, you are required to create and maintain an account (Account).
In creating and maintaining an Account, you represent and warrant that:
You must not permit any third party to use your Account and must maintain the confidentiality of your Account credentials. You are solely responsible for all activity on your Account.
Subject to your compliance with these Terms of Use, during the Term, we grant you a personal, non-transferable, non-exclusive, non-sub-licensable, limited licence to use Platform solely for your legitimate needs as envisaged in these Terms of Use, including (in respect of a corporate Care Worker) the right to permit your personnel to access and use the end-user interfaces of the Platform.
If you create an Account on behalf of a Client, you represent and warrant that you have the legal authority to represent the Client and to enter into these Terms of Use on their behalf.
You must use the Platform in good faith, and in accordance with these Terms of Use, our reasonable directions, and all applicable laws.
You must not:
We may investigate your use of the Platform in order to determine if a violation of these Terms of Use has occurred or to comply with applicable laws. If our investigation reveals that your use of the Platform has violated these Terms of Use, we may take any action we reasonably consider appropriate.
To the maximum extent permitted by law and subject to clause 14.2:
Links to other websites are provided for your convenience only. We neither endorse nor accept responsibility for the accuracy or completeness of the information you receive from any other websites. If you use or rely on a third party website and its content, you do so solely at your own risk. You acknowledge that those third party websites will be governed by separate terms of use and privacy policies.
We may allow users of the Platform to submit content (User content) to the Platform, including information about the user and advertisements to provide, or requests to receive, Care Services.
We do not endorse and are not responsible for any User Content. You are encouraged to notify us of inappropriate or illegal User Content submitted by others but we are not responsible for any failure or delay in removing such User Content and we take no responsibility and assume no liability for any User Content. We have the right but not the obligation to monitor, edit, refuse to post and/or remove any User Content in our sole discretion.
By submitting User Content, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, right and licence to edit, adapt, modify and change that User Content in any manner and to reproduce and use it in any manner and in any media (whether now known or later devised) throughout the world in perpetuity. You consent to us doing any act or omitting to do any act comprised in any or all of your ‘moral rights’ in any User Content you submit and warrant that you have obtained similar consents from any creators of such material.
You warrant, and must ensure, that all User Content you submit:
You acknowledge and agree that after a Care Worker provides Care Services, the Client may be asked to provide a rating and/or feedback of the Care Worker and the Care Services (Rating).
Ratings provided on the Platform are opinions of Care Workers and/or Clients and are not statements of fact or recommendations by Supnet. You acknowledge that Supnet has not independently confirmed any Ratings.
If you are a Client, you represent and warrant that all Ratings you provide:
If you are a Care Worker, you agree that we may:
The provisions of this clause 7 apply to users who are Clients.
In addition to any requirements under clause 2, you must provide us with all required information in relation to your financial details, including either:
In addition to any warranties given under clause 2.2, you represent and warrant to Supnet and each Care Worker you engage to provide Care Services that:
You acknowledge and agree that as between you and Supnet:
Where you have been introduced to a Care Worker through the Platform:
This clause 8 applies to users who are Care Workers.
In addition to any warranties given under clause 2.2, you represent and warrant to Supnet and each Client to whom you provide Care Services that at all times you (and your personnel, if you are a corporate Care Worker):
You acknowledge and agree that as between you and Supnet:
You must immediately notify any incidents of actual or suspected abuse or neglect of a Client to the relevant authority.
Where you have been introduced to a Client through the Platform, You must not:
To the extent that you consider or suspect that an eligible data breach (as defined in the Privacy Act 1988 (Cth) (Privacy Act)) may exist regarding personal information, you must:
You acknowledge that Clients and Care Workers contract directly with each other in respect of the Client's engagement of a Care Worker to provide Care Services (Services Contract) at the flat fee or hourly rate agreed by the Client and Care Worker as documented on the Platform (Agreed Rate). Supnet is not a party to any Services Contract, and except as set out in these Terms of Use, Supnet does not involve itself in the relationship between the Client and the Care Worker or the terms of the Services Contract. You specifically acknowledge that Supnet takes no responsibility and has no duty of care or contractual obligation in relation to the provision of Care Services by Care Workers to Clients.
Each of the Client and Care Worker agree that the following applies and that the following terms are incorporated into their Services Contract. To the extent of inconsistency between the following terms and the Services Contract, the following take precedence:
The Care Worker and Client are solely responsible (to the exclusion of Supnet) for ensuring that their Services Contract complies with all applicable laws.
As soon as practicable after each provision of Care Services:
The Care Worker must pay Supnet a Care Worker platform fee as specified at https://supportnetwork.com.au/faqs (Care Worker Platform Fee) in respect of each provision of Care Services through the Platform. This fee is payable any time after the date of the provision of the Care Services to which it relates. The Care Worker authorises Supnet to deduct at any time the Care Worker Platform Fees from the Care Services Fees Supnet collects from Clients as your agent. Supnet will use its best endeavours to, on a fortnightly basis, remit to the Care Worker the balance of the Service Fees collected from Clients during that period after deducting the Care Worker Platform Fee (and in any event will remit the balance at least once every 3 weeks).
If the Care Service Fees received by Supnet are less than the Care Worker Platform Fees payable by the Care Worker to Supnet at any time, or if Supnet pays the Service Fees without deduction of all the Care Worker Platform Fees at any time, the Care Worker must pay Supnet the Care Worker Platform Fees to Supnet within 5 business days of Supnet's demand.
You acknowledge that nothing obliges Supnet to hold any Service Fees it collects on trust, or to hold them in a separate account on behalf of the Care Worker. To the extent Supnet is required to make a payment to you under these Terms of Use, you are an unsecured creditor of Supnet.
Taxes and GST
Process
We may modify the Platform and/or Supnet Services that we offer from time to time, including by adding or deleting features and functions. We will use all reasonable endeavours to ensure that such changes do not materially reduce the functionality of the Platform and Supnet Services provided to you during any period for which you have prepaid a fee. Any change that does materially reduce functionality is subject to the UCT Qualification (see clause 11.3).
Subject to the UCT Qualification, we reserve the right to modify these Terms of Use applicable to the Platform and our Services, at any time. If such change is detrimental to you, we must provide you with not less than 45 days' prior notice of the modification, unless we need to make the change to comply with law or to prevent fraud or for security purposes in which case, we must provide you with at least 3 days' prior notice, or if we are unable to do so, by giving you as much notice as we reasonably can. If the change is:
you must notify us in writing within 30 days after the notice of change. If you give us this notice, the terms and conditions of the Terms of Use prior to the change will continue to apply for the remainder of your current period for which you have prepaid and any Services Contract in existence prior to the change. Upon extension or renewal or entering into a new Services Contract, the changed Terms of Use notified to you will then apply. If you do not wish to continue with the changed Terms of Use, you may terminate by providing not less than 14 days' prior written notice to us.
We warrant that the Platform as provided to you will not infringe the rights of any third party.
The Platform and all content on the Platform:
We reserve all rights which are not expressly granted to you under these Terms of Use.
You agree to indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from:
Subject to clauses 14.2 and 14.3, to the extent permitted by law, you hereby release us, our personnel and contractors from, and acknowledge that Supnet is not liable for, all injury, loss or damage (including legal costs) incurred by you arising from:
The Australian Consumer Law confers rights and remedies on you which cannot be excluded, restricted or modified (Consumer Guarantees) which take precedence to the extent of any inconsistency with these Terms of Use. We do not exclude the Consumer Guarantees, but, to the extent permitted by law:
Nothing excludes or limits our liability for death and personal injury caused by negligence; fraudulent misrepresentation; or any other liability which cannot be limited by applicable law.
To the extent permitted at law, in respect of any liability which Supnet cannot exclude or limit, Supnet's liability will be limited to:
In these Terms of Use, “Confidential Information” means all information (including personal information as defined in the Privacy Act 1988 (Cth) (Privacy Act) which you receive, become aware of, develop, create or generate in the course of these Terms of Use:
Except as required by law, or as otherwise agreed by Supnet, you agree and warrant:
You must immediately notify Supnet in writing of any actual, threatened or suspected unauthorised disclosure of any Confidential Information.
Except where Supnet has otherwise given express instructions in writing, where you receive personal information (as defined in the Privacy Act) in the course of these Terms of Use, including personal information of a Client or a Care Worker (or any of their personnel), you must:
Without limiting our rights under these Terms of Use or at law, we may:
The rights of suspension and termination in clause 17.1(b) may be exercised at our option with regard specifically to one or more of the Supnet Services or with regard to the Terms of Use as a whole. In the event of the termination of the Terms of Use with regard to one or more specified of the Supnet Services, the Terms of Use will continue in full force and effect with regard to the Platform and the remaining Supnet Services.
Without limiting our rights under these Terms of Use or at law, you may:
You acknowledge and agree that our suspension or termination of your access to the Platform and/or your Account, as permitted under these Terms of Use:
We are not liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You must not assign, license or subcontract your rights and obligations under these Terms of Use to any third party. We may assign the benefit of these Terms of Use, and transfer our rights and obligations by notice, or subcontract any of our obligations to a third party without your prior consent.
Failure or omission by Supnet at any time to enforce or require strict or timely compliance with any provision of these Terms of Use will not affect or impair that provision, or the right of Supnet to avail itself of the remedies it may have in respect of any breach of a provision, in any way.
Supnet's failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver of a provision of this Agreement will be ineffective unless in writing executed by Supnet.
These Terms of Use constitute the entire agreement between the parties concerning the matters dealt with pursuant to these Terms of Use.
These Terms of Use are governed by and must be construed in accordance with the laws of New South Wales, Australia and you irrevocably and unconditionally submit to the non- exclusive jurisdiction of the courts of that state and all courts which have jurisdiction to hear appeals from those courts.
We make no representation that the Website (including any content on the Website) complies with the laws (including intellectual property laws) of any jurisdiction outside of the jurisdiction referred to in clause 17.5. You are solely responsible for complying with the law of the jurisdiction in which you access or use the Website.
If a provision in these Terms of Use is wholly or partly void, illegal or unenforceable in any relevant jurisdiction, that provision or part must, to that extent, be treated as deleted from these Terms of Use for the purposes of that jurisdiction. This does not affect the validity or enforceability of the remainder of the provision or any other provision of these Terms of Use.