This website located at www.supportnetwork.com.au (the Website) is owned and operated by SUPPORT NETWORK PTY LTD ACN 640 491 578 (Supnet).
This document was last updated [__] February 2020.
Provision of technology
You acknowledge that Supnetis a technology services provider, and that the Website functions as a marketplace to introduce individuals (Clients) who want to receive home care services, aged care services and/or services under the National Disability Insurance Scheme (together, Care Services) and individuals or companies which want to provide Care Services (CareWorkers). The Website 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 and agree that, to the extent permitted by law,Supnet does not:
provide any Care Services (including as agent in any capacity) or any health or medical advice;
participate in any interaction between Clients and Care Workers except in the provision of the Supnet Services;
make any representations, warranties or guarantees as to the existence or quality of the Care Services, the actions or inactions of Clients or Care Workers, the suitability of any Care Worker, or the quality, accuracy or reliability of any User Content (as defined in clause 4); or
endorse, recommendor refer any Client or Care Worker, whether or not their details are on the Website.
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 are 18 years or older;
all information you provide in respect of your Account is and will be true, accurate, current and complete. You must immediately advise us of any change to that information.
you have not been the subject of a complaint, restraining order, arrested for, charged with or convicted of any criminal offense.
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.
You must not:
access or use the Website in a manner which would expose us to the risk of any claims or other legal or administrative actions;
use the Website to distribute any form of malicious, destructive or harmful code (including viruses, Trojan horses and worms) or any instructions activating such codes;
use the Website in a manner which interferes, or threatens to interfere, with the efficiency or security of the Website (or the servers or networks connected to the Website) or the provision of the Website by us to another person; or
use the Website in a manner which infringes the rights (including intellectual property rights) of any entity.
To the maximum extent permitted by law:
Supnet provides the Websiteand Supnet Services on an "as is" and "as available" basis;
your use of the Websiteand Supnet Services is at your sole risk;
we do not warrant that:
the Website or its contents will meet your specific needs or requirements, that they will be of merchantable quality or fit for any purpose;
the Website or its contents will be uninterrupted, timely, secure or error-free or that errors will be corrected; or
the quality of the Care Services,products, information or other material you obtain or purchase through the Website will meet your expectations.
We may allow you to submit content (User Content) to the Website, including information about you and advertisements to provide, or requests to receive, Care Services, however, we do not guarantee that you will be able to do so.
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 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.
You warrant, and must ensure, that all User Content you submit:
is not inappropriate, obscene, threatening, harmful, harassing, sexually explicit, profane, violent, racist, sexist, defamatory, or otherwise discriminatory or illegal;
does not contain confidential information;
does not include any information that could be used to identify an individual, including any photo, image or name of any individual, other than yourself;
does not breach any law or advocate any illegal activity;
is not false, untrue, misleading or deceptive;
does not infringe the rights (including property rights) of anyone; and
is not otherwise injurious to anyone (including us).
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 Website are opinions of 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:
must be given in good faith, and will be true, accurate and complete and not misleading in any way; and
will constitute 'User Content' for the purposes of clause4.
If you are a Care Worker, you agree that we may:
publish Ratings about you, including on the Website; and
in our sole discretion, terminate or suspend your Account if your average Rating is less than the minimum acceptable average rating set by Supnet from time to time.
The provisions of this clause 5apply 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:
your banking details, including account number and BSB and account name, and a direct debit authority in respect of that account; or
details of your funding provider and an authority to issue an invoice to that funding provider in respect of the Care Services.
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 will comply with all applicable laws in relation to the engagement of a Care Worker to provide the Care Services, including (as applicable) any workplace and occupational health and safety laws, the National Disability Insurance Scheme Act 2013, the NDIS Rules, and the Aged Care Act;
you will treat each Care Worker with courtesy and respect;
if the Care Services are to be provided at your premises:
you will be at your premises at the agreed time to receive the Care Services from the Care Worker;
your premises are a safe work environment for the Care Worker to provide the Care Services and the Care Worker has safe and reasonable acess to your premises; and
no one that lives at your premises has, been the subject of a complaint, restraining order, arrested for, charged with or convicted of any criminal offense.
You acknowledge and agree that:
your use of the Website does not give rise to a health professional-patient relationship with Supnet; and
you are solely responsible for your own decisions in engaging Care Workers to provide Care Services and that you should request original documents to verify any representation a Care Worker has made.
if you agree to receive Care Services from a Care Worker, the Care Worker will receive the following information about you:
You must not:
make any payment directly to a Care Worker in respect of Care Services;or
solicit or induce or attempt to solicit or induce any Care Workerto cease doing business withor reduce the amount of business which that Care Workernormally does with Supnet.
This clause 7 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 Customer to whom you provide Care Services that:
you are, and will at all times you provide the Care Services be authorised to work in Australia;
you will comply with Supnet's policies as provided from time to time;
you are capable of providing, and you hold all relevant qualifications required to provide, the Care Services;
you are approved by the relevant regulatory authority or authorities to provide the Care Services;
you will comply with all applicable laws in relation to the provision of the Care Services, including (as applicable) workplace and occupational health and safety laws, the National Disability Insurance Scheme Act 2013, the NDIS Rules, and the Aged Care Act;
treat each Client with courtesy and respect;
you will take and keep accurate records of the Care Services you provide;
you will inspect the Client's premises and any equipment (as applicable) each time you provide the Care Services to ensure that they are safe and appropriate; and
(i) you will, at all times, maintain the following insurances in the following amounts with a reputable insurer:
(i) [insert details of insurances, including the type and minimum coverage]; and
(ii) [insert details of insurances, including the type and minimum coverage].
You acknowledge and agree that:
you must provide and maintain your own tools, equipment and facilities to provide the Care Services; and
Supnet is not an employment service or agency and you are not the employee, partner, joint venturer, contractor or agent of Supnet;
you are solely responsible for complying with all statutory awards or other legal, contractual and insurance requirements with respect to your provision of the Care Servicesand for the costs in doing so, including payment of any relevant tax withholdings and superannuation contributions on your behalf, and you specifically waive any claim of rights or benefits afforded to employees, including wages, long service leave, annual leave, public holidays, personal/carer's leave, redundancy, superannuation or other employment related entitlements or benefits;
if you agree to provide Care Servicesto a Client, the Client will receive the following information about you:
(i) [__]; and
and Supnet may release your contact and/or insurance information to the Client upon the Client's reasonable request.
You must immediately notify any incidents of actual or suspected abuse or neglect of a Client to the relevant authority.
You must not:
directly invoice, or accept direct payment from, a Client in respect of Care Services; or
solicit or induce or attempt to solicit or induce any Client to cease doing business withor reduce the amount of business which that Client normally does with Supnet.
To the extent that you consider or suspect that an eligible data breach (as defined in thePrivacy Act 1988 (Cth) (Privacy Act)) may exist regarding personal information, you must:
promptly notify Supnet of the eligible data breach, unless Supnet has notified the Service Provider of the eligible data breach;
provide reasonable assistance as reasonably requested by Supnet for the purpose of assessing the eligible data breach;
in relation to any assessment, unless otherwise directed in writing by Supnet, defer to Supnet's assessment of whether it is believed that an eligible data breach has occurred; and
in relation to any notification, unless otherwise directed in writing by Supnet, defer to Supnet's notification in respect of any eligible data breach that is believed to have occurred.
Contract for services
Each Services Contract must:
permit Supnet to issue an invoice to the Client on behalf of the Care Worker for the provision of the Care Services at the Agreed Rate (Service Fees);
permit Supnet to collect the Service Fees on behalf of the Care Worker, provided that the Care Worker is solely responsible for ensuring the Client pays the Service Fees to Supnet;
provide that Supnet will pay the Care Workeron behalf of the Client from Service Fees collected from the Client;
provide that to the maximum extent permitted by law that:
the Care Worker is solely liable, to the exclusion of Supnet, for all acts or omissions in the provision of the Care Services;
the Customer is solely liable, to the exclusion of Supnet, for all acts or omissions in the receipt of the Care Services;
provide that disputes between the Client and the Care Worker must be resolved directly between the Client and the Care Worker;
[Please let us know if there are any other contract terms you want to impose between the Client and Care Worker. This will likely depend on your business model and how you want the parties to interact]
The Care Worker and Client are solely responsible (to the exclusion of Supnet) for ensuring that their Services Contract complies with all applicable laws.
Payment for Care Services
As soon as practicable after each provision of Care Services:
the Care Worker must confirm the provision of the Care Services via the Website, including the start and finish times, the services provided, and any relevant notes (Service Record);
the Client must review the Care Worker's Service Record via the Website, and accept or reject it with reasons. If the Client does not accept or reject the Service Record within [__], the Client will be deemed to accept the Service Record as accurate;
once the Client accepts, or is deemed to have accepted, the Service Record, Supnet will generate an invoice in the amount of the Service Fees plus a Client platform fee of [__]% (Client Platform Fee ).
The Client authorises us to debit the amount invoiced under clause 9.1(c) from the Client's bank account or funding provider nominated under clause 6.1.
Supnet will, on a fortnightly basis, remit to the Care Worker the balance of the Services Fees collected from Clients during that period after deductinga Care Worker platform fee of [xx ]% (Care Worker Platform Fee ).
We reserve the right to change the Client Platform Fee, the Care Worker Platform Fee, and/or the billing method at any time by reasonable notice in writing to you.
If a Client fails to pay an invoice within [time frame], or if the Client's nominated account does not have sufficient funds to cover an invoice, we may terminate or suspend your Account and you may be charged a dishonour fee by Supnet. You may also be charged other amounts by your bank or funding provider.
You must immediately notify us if your financial details change. You are solely responsible for the accuracy of your bank account information. We disclaim all liability as a result of incorrect bank details provided by you.
In the event any Agreed Rate, Service Fee, Client Platform Fee or Care Worker Platform Fee is incorrect, the Client or Care Worker (as applicable) remains liable for any underage. Supnet reserves the right to correct any errors in the payment of any fee.
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:
your violation of any law or the rights (including intellectual property rights) of any third party;
any User Content you provide to the Website;
any disputes that arise between a Client and a Care Worker in relation to the Care Services.
Limitation of liability
Subject to clauses 12.2 and 12.3, 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:
your use or inability to use the Website, including any unavailability of the Website or the Supnet Services for any reason, including scheduled maintenance or network failures; or
the provision of Care Services by Care Workers to Clients, including any malpractice claims or the actions or inactions of any Client or Care Worker.
You acknowledge and agree that the Website and the Supnet Services are provided on an ‘as is’ basis. The Australian Consumer Law confers rights and remedies on you which cannot be excluded, restricted or modified (Consumer Guarantees). We do not exclude the Consumer Guarantees, but, to the extent permitted by law, we:
expressly disclaim any and all other warranties, express or implied, including that access to the Website will be uninterrupted or error free or any warranty of merchantability or fitness for purpose; and
will not be liable for any special, incidental, exemplary, punitive or consequential damages whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such loss or damage.
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, Supnet's liability will be limited to:
in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of the goods;the payment of the cost of replacing the goods or of acquiring equivalent goods; and/orthe payment of the cost of having the goods repaired; and
in the case of services, the supply of the services again; and orthe payment of the cost of having the services supplied again.
concerning or related to Supnet;
if you are a Client, concerning or related to a Care Worker;
if you are a Care Worker, concerning or related to a Client;
Except as required by law, or as otherwise agreed by Supnet, you agree and warrant:
you will hold the Confidential Information in trust and confidence; and
you will use its best endeavours to prevent the unauthorised use or disclosure of any of the Confidential Information by third parties.
You must immediately notify Supnet in writing of any actual, threatened or suspected unauthorised disclosure of any Confidential Information.
comply with the Privacy Actand any other applicable legislation governing personal information and privacy (Privacy Laws) in respect of the personal information as if you were bound (to the extent you are not);
take such steps as Supnet reasonably requires of you to facilitate Supnet's compliance with the Privacy Laws, including cooperate with Supnetto resolve any complaint alleging a breach of any Privacy Laws in respect of any actual or alleged collection, use, or disclosure of personal information by you; and
not do or omit to do any act that would put Supnet in breach of any Privacy Laws.
Suspension and termination
discontinue the Website (including ceasing to provide administrative and technical support for the Website) in our sole discretion and at any time; or
does not modify or void any obligations you may have incurred through your use of the Website, including any obligation to pay any Service Fees, Client Platform Fees and/or Care Worker Platform Fees (as applicable) to Supnet or a third party;
does not give rise to any liability to Supnet.
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.
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.
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.