Terms & Conditions

In these Terms and Conditions, “we”, “us” or “our” refers to Support Plus ABN 78672512784 (Support Plus), and “you” or “your” we are referring to the reader as the person accessing our website www.supportplus.net.au (the Site) and the terms and to our services.

These Terms and Conditions, along with the documents referred to herein, our Privacy Policy (Terms and Conditions) apply to accessing the Site, its content and the purchase and/or use of all of Support Plus’s products and services.

By accessing this site or purchasing and/or using our products and services you agree that you have read and understood, and agree to be bound by these Terms and Conditions.

1. Interpretation and Definitions

Unless the contrary appears:

In this Agreement: singular includes plural and vice versa; reference to a person includes a body politic or corporate, an individual and a partnership and vice versa; headings do not affect construction; no rule of construction applies to the disadvantage of a party because that party put forward this Agreement or any portion of it.

The following terms have the following meanings, unless the contrary appears:

Business Day means a day on which all banks (as defined in the Banking Act 1959) with offices in the City of Adelaide are open for business in the City of Adelaide.

Business Hours means between the hours of 9.00am and 5.00pm (South Australian time).

Confidential information means and includes any information that by its nature is confidential, is designated by a party as confidential, or the recipient knows or ought to know is confidential but does not include information which:

is or becomes public knowledge other than by breach of this Agreement
was known by the recipient as at the date of this Agreement; or
has been independently developed or acquired by the recipient without reference to the disclosing party’s Confidential Information.

where the burden of establishing any of the exceptions referred to in (1), (2) and (3) shall be upon the recipient.

Customer or You means the person, partnership, corporation or other entity (including trust) purchasing the Service as identified in a Membership.

Principal Caregiver means the primary caregiver responsible for the day-to-day care, wellbeing, and decision-making support of the individual receiving care. For the purposes of these Terms, "Principal Caregiver" and "Primary Caregiver" are used interchangeably.

Customer Account means your account via our Website where you can access and manage your Membership.

Fee(s) mean the amount you will pay to us for the Service as specified in the Membership and varied in accordance with these terms.

GST Law means A New Tax System (Goods and Services Tax) Act 1999 as amended or replaced from time to time and also includes any associated legislation and delegated legislation.

Intellectual Property includes all statutory and other proprietary rights in respect of copyright and neighbouring rights, all rights in relation to inventions (including registered and not yet registered patent rights), plant varieties, circuit layouts, registered and unregistered trademarks, designs, the right to have Confidential Information (including trade secrets and know-how) kept confidential, and all other rights resulting from intellectual activity in industrial scientific, literary or artistic fields.

Service means the Service, good and/or service which Support Plus agrees to supply to you in an Membership or on an once off basis.

Membership means the on-going Membership to receive the Service you have purchased from us, which will include the type, length and quantity of Service along with the Fee payable.

Website or Site means Support Plus’s website www.supportplus.net.au

2. Consent and Information Sharing

Support Plus is a platform designed to facilitate the sharing of personal information with trusted persons involved in the care of a care recipient. To allow all carers and care recipients to get the most out of the Support Plus experience, the Principal Carer must consent to the care recipient’s personal information being accessible to other potential caregivers.

Support Plus requests that you, the Principal Carer, confirm your permission for sharing information on Support Plus to support the care recipient’s current needs and future planning.

Support Plus recognises that some care recipients—such as children or individuals living with legal incapacity may be unable to provide their own consent. In such cases, consent must be provided by the Principal Carer.

Where the care recipient is capable of giving their consent, Support Plus asks that they also provide their express consent.

The Principal Carer may nominate other individuals to access the care recipient’s information and may, at any time, revoke such access either fully or in part.

Acknowledgment

By accepting these Terms and Conditions:

I confirm that I am the Principal Carer.
I confirm that I have read and understood these Terms and Conditions.
I consent to the care recipient’s personal information being made accessible to those persons I nominate to access it from time to time.
I acknowledge that either:
- The care recipient cannot provide consent, and I consent on their behalf; or
- The care recipient has consented to the sharing of their personal information via the Support Plus platform.

3. These Terms

If you disagree with these Terms and Conditions you must not sign up to a Customer Account, purchase Service from us or access the Website.
Subject to any written offer by Support Plus, that may be agreed in writing, these terms form part of each accepted Membership for Service and these Terms and Conditions negate any terms you may issue.
Your failure to acknowledge these Terms and Conditions is not evidence they do not apply.
At any time Support Plus may change or replace these terms by notifying you. Any such change or replacement applies to any Membership that forms after the change was notified and your ongoing Customer Account.

4. Website

Access to the website:

As long as you comply with these Terms, we grant you (as the User of the Site) a personal, non-exclusive, non-transferable, limited licence to access and use the Site.
We do not guarantee that the Site:
- will be accessible or functional (whether wholly or partly) at all times; or
- is free from viruses or anything else which may damage any computer which accesses our Site or any data on such a computer.
You are responsible for configuring the technology you use to access our Site. You should use your own virus protection software.
We may suspend or withdraw or restrict the availability of all or any part of our Site for business, operational or any other reason at any time. We will try to give you reasonable notice of any suspension or withdrawal (but are not required to do so).
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Prohibited uses

You agree that you will not, and will not allow any other person to:
- use the site in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
- use the Site to collect or harvest data;
- transmit, or procure the sending of, any advertising or promotional material, to persons whose details you obtained from the Site;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Additionally, you agree not to:
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any robot, spider data scrapers, viruses or other software which may threaten the integrity and security of Site;
- use any manual or automated process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
- introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or which may cause damage to, or violate the privacy of our data of the data of our members;
- attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

Public submissions

The Site may contain public comment submissions received from third parties (Statements). These Statements are obtained in good faith, and do not necessarily reflect our considered views or indicate its commitment to a particular course of action.
Copyright in the Statements vests with the author. We makes no representation or warranty about the accuracy, reliability, currency or completeness of a Statement(s) nor does it accept liability for any breaches of the authors’ copyright in such statements.
The Statements may contain the name of an individual or organisation responsible for the submission. Where possible, personal details of individuals who submit a Statement, except name and state of residence, are removed from the Statements before they are published on the website.

Linked sites

This Site may contain links to other Sites (including banner advertisements and sponsored links) (Linked Sites), which are not operated by us, as well as resources provided by third parties.
Such Linked Sites are not under our control and are provided for your information only and should not be interpreted as approval by us of those Linked Sites or information or material contained on them. We accept no responsibility for them or for any loss or damage that may arise from your use of them. We have no control over the contents of those sites or resources, and you access and interact with such Linked Sites entirely at your own risk and subject to the terms and conditions of use for those Sites.
Such Linked Sites are not intended as an implied or explicit endorsement or association of that Linked Site (and its owner) of us or our website.

5. Membership

All Services supplied under these Terms and Conditions are not for re-sale or on-supply and you agree to indemnify Support Plus against any loss, damage and expense caused due to your resale or on supply of any Service.

Application

You may via our Website (or such other means as we may accept from time to time), submit a request for a Membership, you will receive an email acknowledging that we have received the request for a Membership.
We will then have two Business Days to either accept or reject your application for a Membership, at our sole unfettered discretion. If you have not received notice of our rejection of the application within those two Business Days then we have accepted it.
Each Membership that we accept forms a separate binding agreement between you and Support Plus for the purchase and supply of the Service, in accordance with these Terms and Conditions.

Management

You may request to vary the Membership including:
- the Service (to one of our other Services);
- your Personal information (for instance: name, address and contact information and your succession plan).

Cancellation

There is no minimum term for the Membership.
To cancel the Membership package you must make a request via your Customer Account through the Membership module - Manage Your Membership.

6. Introductory offers and discounts

We may from time to time offer new and/or existing customers special offers, which we reserve the right to cancel or suspend at any time without notice.
Introductory offers shall only be available to you once, unless the offer expressly includes previous customers. If you have previously held a Membership or created a Customer Account you are not entitled to participate in or claim an introductory offer.
After any introductory or discounted offer ends all subsequent Memberships shall be charged at the Fees prescribed on the Website and the Membership.
We may, for any reason, restrict or refuse you from receiving a special offer or discount. We will however endeavour to provide notice before you take-up the offer or commit to a Membership.

7. Invoice and payment

The Fees specified in the Membership are payable at:
- the time of placing the Membership; or
- charged to your nominated payment method specified on your Customer Account which you authorise us to deduct the Fees in advance of the delivery of the Delivery Date of each Membership.
It is your responsibility to ensure:
- your payment method details are valid and up to date; and
- sufficient funds are available at the time of payment processing.
The storage and collection of your payment details shall be all follows:
- Support Plus does not collect or store payment information. All payment information is collected and stored by the applicable third-party in Membership to be processed as required.
- we never permanently store complete debit/credit details.
- all online debit/credit card transactions performed through our Website are through a secured gateway.
- complete debit/credit card details cannot be viewed by Support Plus or any outside party, accepted for the applicable third-party authorised to process the payment.
If payment of your Membership cannot be processed (for whatever reason, for instance insufficient funds), we may:
- re-attempt the payment process;
- we may still provide the Service and attempt to recover payment as a debt; and
- if payment is outstanding following provision of the Service, for whatever reason, a reasonable late payment fee may be charged;
- we may suspend your Membership or further Memberships whilst payment is outstanding.
Invoices for each Membership shall be issued to your nominated email.
You waive the right to dispute anything on an invoice not notified in writing (giving reasonable details) to Support Plus within 15 Business Days after you receive that invoice.
You will be liable for the enforcement costs, including legal or debt recovery fees, we may incur is seeking to recover any outstanding amount payable to us.
Fee increases:
We may adjust our Fees by providing written notice to you prior to you validly submitting a Membership
We will endeavour to ensure pricing on the Website and in other media is accurate, however errors may occur from time to time. We reserve the right to correct pricing and to cancel and refund Memberships (even after your card or account has been charged) if a genuine error has occurred.

8. Website and account

By registering your details on Support Plus’s Website (which is necessary to place and Membership):
- you will provide to us personal information which we will collect and handle in accordance with our Privacy Policy;
- we will create an account for you along with a user name and password which you will be responsible to keep secure and for all activity carried under it; and
- consent to us communicating with you in accordance with our Privacy Policy and Website Terms and Conditions.

9. Defects, refunds, warranties and liability

Defects

If you are a consumer (as defined in the Australian Consumer Law) in relation to these Terms and Conditions, the following provisions shall apply in relation to that Contract as to comply with section 102 of the Australian Consumer Law and regulation 90 of the Competition and Consumer Regulations 2010.
Subject to applicable laws (if any):
- a claim that Service is defective for reasons that are Support Plus’s responsibility is not valid unless advised in writing (with reasonable details) to Support Plus within 5 Business Days from delivery of the Service; and
- If you use Service other than in accordance with Support Plus’s instructions, Support Plus may deem the warranty to be void.
You bear the expense of claiming the warranty against defects.
If the Service is defective Support Plus honours its warranty against defects by taking one or more of the actions, at its election:
- provide a refund;
- provide a replacement Service; or
- if appropriate fix the Service.

Refunds

We are unable to offer a refund merely due to dissatisfaction, where no defect exists, with the Service or change of mind.

Warranties

Support Plus warrants that the Service it provides to you will be provided diligently, and will meet comparable industry standards, subject to any written qualification.
Support Plus does not guarantee that the delivery of the Service will be free from disruption.
Support Plus does not warrant that the Service will be fit for any specific purpose, unless stated in writing.
To the greatest extent permissible by law, Support Plus disclaims any and all implied warranties with respect to the provision of the Service beyond the warranty contained in this clause.
Where a warranty cannot be excluded, you agree that our liability will be limited to the resupply of the Service to you, or the cost of resupplying the Service to you.
Support Plus does not warrant the adequacy or appropriateness of any information provided by us or through our channels.
Support Plus does not warrant the accuracy, reliability, adequacy or completeness, freedom from error of the Content on the Site or any content published by someone other than us.
Support Plus does not warrant the merchantability or fitness of any Services for a purpose other than that for which they are commonly used.

Incorrect description

Where a Service displayed or advertised for sale is misdescribed (including wrong price, incorrect or insufficient quantity and quality) our liability to you is limited to a refund of the Fee paid for the Service.

10. Indemnity

You indemnify (and agree to keep indemnified) Support Plus and Support Plus’s personnel from and against any loss (including legal costs and expenses on a solicitor/own Client basis) or liability incurred or suffered by any of those indemnified arising from any claim, suit, demand, action or proceeding by any person against any of those indemnified arising out of or in connection with your use of the Service and the Website.
The above indemnity will not apply to the extent that the demand, claim, action or proceeding has resulted from the negligence of Support Plus.
These terms do not exclude, restrict or modify the statutory guarantees the Australian Consumer Law implies.

11. Notice

Any notice, consent, agreement, request, direction, submission, offer, acceptance, rejection or other communication given under or in relation to these Terms and Conditions must be in writing, and delivered personally or by pre-paid registered post or email to the addresses to:
- In your case the address specified on your Customer Account via our Website;
- Support Plus’s case the address notified to you from time to time; or
- Notices will be deemed to have been delivered on the third business day after they have been sent (if by post), or on the next Business Day after they have been sent (if by email).

12. GST

Our Services may be GST exempt, in which case all prices and invoices are GST exclusive (and exempt)
In the event that we make any taxable supply under or in connection with this Agreement the receipt must, in addition to and at the same time as the GST exclusive consideration is payable, pay to the supplier an amount equal to the amount of GST imposed by the GST law from time to time on taxable supply.
The additional amount is not payable unless the supplier provides to the recipient a tax invoice which is an approved form for GST purposes.

13. Entire agreement

The Terms and Conditions contain the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.

14. Assignment or transfer

Support Plus may assign its rights and obligations under the Terms & Conditions without notice to you.
Your rights and obligations under this Agreement are personal and may not be assigned or transferred without Support Plus’s prior written consent.

15. Governing law and jurisdiction

This Agreement is governed by the laws of South Australia.
Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in South Australia in connection with matters concerning this Agreement.

16. Severability

If the whole or any part of a provision of this Agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.

17. Force majeure

Support Plus is not liable for any delay or failure to perform its obligations including but not limited to the fulfilment of a Membership if such failure or delay is due to an act, omission, or circumstances over which it could not have reasonably exercised control or taken steps to anticipate or avoid.

18. Waiver

No failure by Support Plus to insist upon strict and timely performance of any obligation or condition or exercise any right under these Terms and Conditions shall constitute a waiver of such right, obligation or condition.

19. Intellectual property

No Intellectual Property is transferred or assigned between the parties by virtue of these terms and conditions.
Unless otherwise specified, we are the owner or the licensee of all intellectual property rights in the content of this Site and the Service (unless expressed to the contrary).
Where you upload information and data to our platforms and the Site, you:
- warrant that you have a right to provide us with that information and data;
- warrant that our storage and processing of that information and data will not infringe any third party’s legal rights;
- grant us a licence to use that information and data for the purpose of providing you, with our Services, and for our own internal purposes.
- grant to us a licence to any feedback or comment you may provide to us, via any medium including social media.
Unless specifically authorised by us in writing, or otherwise allowed by applicable laws, you may not copy (including any artwork displayed in the catalogue), modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, our Site or platforms, in whole or in part:
You agree that you will not seek to reverse engineer, decompile or otherwise reproduce the Site or any of our Services.
You must not use our name, all related names, logos or trade marks, or the trade marks of our affiliates or licensors without our prior written consent.
You agree to not offer our Services for resale to any third party.
If we provide social media features such as the ability to share, you may take such actions as are enabled by such features but only using such tools or methods as we provide.

20. Social media

If you post comments on to any website, article or social media network which Support Plus owns, publishes or controls (Commentary) you must ensure that such Commentary is not defamatory of us or any third party and agree to indemnify us against any claim (including and subsequent loss, damage or expense) arising from the Commentary.
By agreeing to these Terms and Conditions, you irrevocably authorise us to quote from your Commentary in any advertising or social media outlets which we may create or contribute to.