PLATFORM TERMS AND CONDITIONS

Welcome to the Support For Everyone App, a digital platform that allows Participants, Representatives, Support Coordinators and Plan Managers to find and book Support Workers and manage Bookings.

These terms and conditions (Terms) govern your access to and use of the Platform. They form a binding agreement between you and Support For Everyone Pty Ltd (ABN 50 686 098 448) (we, us or our). You accept these Terms by ticking the box to accept them when you create an Account. If you use the Website without an Account, these Terms apply to that use. If you do not agree to these Terms, you must not use the Platform.

Please note that we are a registered NDIS provider, and the Support Workers available through the Platform are our employees. We provide the Supports under the Service Agreement between us and each Participant.

The Platform is not an emergency service. If anyone is in danger or needs urgent medical help, call 000.

If you would like these Terms in Easy Read or another accessible format, or would like them explained, please contact us on 0409 029 922 or at admin@supportforeveryone.com.au.

PART A - ALL USERS

1. DEFINITIONS AND INTERPRETATION

1.1In these Terms:

ACL means the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Account means an account registered on the Platform.

App means our mobile application for iOS and Android devices.

Applicant means a person who applies to us for employment as a Support Worker.

Booking means a booking for Supports that is requested through the Platform (or by another method we agree) and confirmed by us.

Business Day means a day other than a Saturday, Sunday or public holiday in Brisbane, Queensland.

Intellectual Property Rights means all present and future intellectual and industrial property rights throughout the world, whether registered or unregistered, including copyright, trade marks, designs, patents, confidential information, and rights in software, databases, domain names and business names.

NDIA means the National Disability Insurance Agency.

NDIS means the National Disability Insurance Scheme.

NDIS Commission means the NDIS Quality and Safeguards Commission.

Online Payment Partner means Stripe or any other third party payment processor used to process payments made through the Platform.

Participant means a participant (or prospective participant) in the NDIS who receives, or seeks to receive, Supports through the Platform.

Participant Consent Form means our form by which a Participant (or their Representative) records their consent to the collection, use and disclosure of the Participant's personal information.

Plan Manager means a plan manager who manages NDIS funding on behalf of a Participant.

Platform means the Support For Everyone App, including the Website, the App and the related systems and services we make available through them.

Posted Material means any information, content or material (including messages, documents, photographs, shift notes and Reviews) that a User uploads, posts or submits through the Platform.

Pricing Arrangements means the determinations, schedules and guidance that set the maximum prices for NDIS supports or the rules for claiming them, including the NDIS Pricing Schedule and the NDIS Pricing Arrangements and Price Limits, as in force from time to time.

Privacy Policy means our privacy policy published on the Website and in the App, as updated from time to time.

Representative means a person authorised to act for a Participant, including a plan nominee, a guardian or administrator appointed by a court or tribunal, an attorney under an enduring power of attorney, a person with parental responsibility for a Participant under 18 years of age, or another adult whom a Participant aged 18 or over has authorised to deal with us on their behalf.

Review means a rating or written feedback about a Support Worker or a Booking.

Service Agreement means the NDIS service agreement between us and a Participant under which we provide Supports.

Support Coordinator means a support coordinator or specialist support coordinator engaged by or for a Participant.

Support Worker means a person we employ to deliver Supports.

Supports means the NDIS supports and services that we provide to Participants.

User means any person who accesses or uses the Platform, including a Participant, a Representative, a Support Coordinator, a Plan Manager, a Support Worker and an Applicant, and you and your mean the User who is accessing or using the Platform.

Website means our website at www.supportforeveryone.com.au.

1.2In these Terms, unless the context requires otherwise, the singular includes the plural and the reverse, the word “including” is not a word of limitation, headings are for convenience only, a reference to a law includes that law as amended or replaced, and a reference to a document includes that document as varied or replaced from time to time.

2. WHICH PARTS OF THESE TERMS APPLY TO YOU

2.1Part A applies to all Users. In addition:

(a)Part B applies to Participants and Representatives;

(b)Part C applies to Support Coordinators and Plan Managers; and

(c)Part D applies to Support Workers and Applicants.

2.2If you use the Platform in more than one capacity, each Part that applies to any of those capacities applies to you.

3. THE PLATFORM AND OUR ROLE

3.1We own and operate the Platform. We are a registered NDIS provider (registration number 4-LMJ7EWO). We employ the Support Workers, and we provide the Supports on the terms of the relevant Service Agreement. We have applied to the NDIS Commission to add NDIS digital platform services to our registration. We use the Platform only to offer Supports delivered by our own employees.

3.2We are responsible for the quality and safety of the Supports, for the screening, training and supervision of Support Workers, and for meeting our obligations as a registered NDIS provider. We also check, and display on the Platform, each Support Worker's NDIS worker screening clearance, whether a banning order is in force against them, and their credentials and qualifications.

3.3If there is any inconsistency between these Terms and a Service Agreement in relation to the Supports, the Service Agreement prevails to the extent of the inconsistency.

4. ELIGIBILITY

4.1You must be at least 18 years of age to register an Account. The Account of a Participant under 18 years of age must be held by a person with parental responsibility for the Participant or by another Representative with legal authority to act for them. If a Participant cannot understand and agree to these Terms, even with support, their Account must be held by a Representative with legal authority to make decisions of that kind for them.

4.2If you use the Platform on behalf of another person, you warrant that you are authorised to do so and that you will act in accordance with that authority. When you accept these Terms for another person, you accept them for yourself and, to the extent of your authority, for that person.

4.3If you use the Platform on behalf of an organisation, such as a support coordination or plan management business, you warrant that you are authorised to bind that organisation, and these Terms bind both you and that organisation.

5. ACCOUNTS

5.1You must register an Account to use most features of the Platform. When you register, and while you hold an Account, you must give us information that is accurate, complete and up to date.

5.2You are responsible for keeping your login details secure and must not share them with anyone. If more than one person needs access to an Account, such as a Participant and their Representative or several staff of a support coordination business, each person must use their own login. You must tell us promptly if you become aware of any unauthorised use of your Account.

5.3We may verify the information you give us, including through identity verification services, and we may refuse to register an Account or ask you for further information.

5.4You are responsible for activity on your Account that you carry out or authorise. You are not responsible for activity after you tell us about unauthorised use, or for activity that results from our failure to take reasonable steps to keep the Platform secure.

6. USING THE PLATFORM

6.1When you use the Platform, you must:

(a)comply with these Terms and all applicable laws;

(b)treat other Users, including Support Workers, with dignity and respect;

(c)use the Platform only to request, book, manage, record and pay for Supports, and for related purposes; and

(d)give accurate information, and promptly update information that changes.

6.2You must not:

(a)harass, threaten, abuse, discriminate against or endanger any person;

(b)impersonate any person, or misrepresent your identity or authority;

(c)use the Platform for any unlawful or fraudulent purpose, including to make a false claim for NDIS funding;

(d)upload material that is false, misleading, defamatory, offensive or that infringes another person's rights;

(e)use the Platform to recruit Support Workers for another business, or to send unsolicited marketing;

(f)copy, scrape, reverse engineer or interfere with the Platform, or attempt to gain unauthorised access to it or to any other User's information; or

(g)use any personal information obtained through the Platform for any purpose other than the purpose for which it was made available to you.

6.3We may suspend or restrict your access to the Platform if we reasonably believe that you have materially breached this clause 6 or that your use of the Platform puts the safety of any person at risk. Any suspension or restriction will last only as long as reasonably necessary. We will tell you the reason, unless doing so would put a person at risk.

7. COMMUNICATIONS THROUGH THE PLATFORM

7.1The Platform includes messaging functions so that Users can communicate about Bookings and Supports. To protect Participants and Support Workers, and so that there is a record of what was agreed, you should use the Platform for communications about Bookings and Supports wherever practicable.

7.2We may review messages sent through the Platform where reasonably necessary to deliver and oversee Supports, to manage incidents and complaints, to operate, secure and support the Platform, and to meet our legal obligations.

7.3We do not monitor messages sent through the Platform in real time. If a matter is urgent, contact us using the contact details published on the Website and in the App. In an emergency, call 000.

8. POSTED MATERIAL AND REVIEWS

8.1By uploading, posting or submitting Posted Material, you warrant that:

(a)you are entitled to provide the Posted Material;

(b)the Posted Material is accurate and, if it is a Review, honest and based on your own experience; and

(c)the Posted Material does not infringe any person's rights, breach any law, or contain any harmful code.

8.2You retain ownership of your Posted Material, except Posted Material that a Support Worker creates in the course of their employment, which we own. You grant us a non-exclusive, royalty-free licence, for as long as we hold the Posted Material, to use, copy, store and display it (and to allow our service providers to do so for us) to operate the Platform, deliver and record Supports, and meet our legal obligations.

8.3We may remove or decline to publish any Posted Material that we reasonably consider breaches these Terms, is unlawful, or puts the safety or privacy of any person at risk. We will not delete shift notes, progress notes, incident reports or other records that we must keep, although we may restrict who can see them.

8.4Reviews help Participants choose Support Workers. They are not a substitute for our complaints process. If you have a concern about the quality or safety of Supports, please raise it under clause 14.

9. FEES AND PAYMENTS

9.1We do not charge Participants or Representatives a fee to use the Platform. We do not currently charge Support Coordinators or Plan Managers a fee. We may introduce a fee for Support Coordinators or Plan Managers by giving them at least 30 days' notice, and they may close their Account without charge before the fee takes effect.

9.2The price of each Support is agreed between us and the Participant in the Service Agreement and shown in the Booking, and does not exceed the price limits in the Pricing Arrangements.

9.3We collect payments for Supports through the Platform. A payment you make to our Online Payment Partner for Supports is treated as a payment made to us.

9.4Card payments for Supports are charged no sooner than 24 hours after the Supports for that Booking are delivered, after we have emailed you notice of the amount. Card payments are processed by our Online Payment Partner. The processing of those payments is also subject to the Online Payment Partner's terms and privacy policy. We do not store your full card details.

9.5No surcharge applies to card payments for Supports made through the Platform.

9.6If we or our Online Payment Partner make an error in processing a payment, we will tell you and correct it. We will promptly refund any amount you have been overcharged, and we will not charge you any amount you have been undercharged without first obtaining your authority.

10. INTELLECTUAL PROPERTY

10.1We, or our licensors, own all Intellectual Property Rights in the Platform, including its software, design, text, graphics and logos. Nothing in these Terms transfers any of those rights to you.

10.2We grant you a non-exclusive, non-transferable licence to use the Platform for its intended purpose in accordance with these Terms. This licence ends if your Account is closed under these Terms, and does not apply while your access is suspended or restricted under these Terms.

11. PRIVACY

11.1The Privacy Policy explains how we handle personal information, including how we disclose it overseas and use automated systems, and how you can access and correct your information or make a complaint.

11.2If you provide personal information about another person, including a Participant, you must have that person's consent, or other lawful authority, to do so.

12. THIRD PARTY SERVICES AND APP STORES

12.1The Platform relies on services that third parties provide to us, including hosting, communications, payment and artificial intelligence services. We are responsible for the services we engage those third parties to provide as part of the Platform, but we are not responsible for a failure of a third party service that we could not reasonably have prevented or avoided. This clause does not limit your rights under the ACL (see clause 15.1).

12.2If you download the App from the Apple App Store or Google Play, you must also comply with the terms of that app store. These Terms are between you and us, not Apple or Google, and Apple and Google are not responsible for the App or for providing maintenance or support for it. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the App (if any). Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you.

13. AVAILABILITY OF THE PLATFORM

13.1We aim to keep the Platform available and working properly, but we do not promise that it will always be available, uninterrupted or free of errors. We may need to suspend the Platform for maintenance, security or reasons beyond our control, and we will try to give you notice where practicable.

13.2We may change the features of the Platform from time to time. If a change materially reduces the features available to you, we will give you reasonable notice.

14. COMPLAINTS AND DISPUTES

14.1Please make complaints about Supports or Support Workers to us through the Platform or using the contact details published on the Website and in the App. We will handle them under our complaints management process. You may also contact the NDIS Commission at any time (phone 1800 035 544 or www.ndiscommission.gov.au). Making a complaint will not affect your Supports or your use of the Platform, and you may have an advocate, support person or interpreter help you.

14.2Please make complaints about the Platform to us using the contact details published on the Website and in the App. We will acknowledge your complaint within 1 Business Day, aim to investigate it within 7 days and to resolve it within 28 days, and update you at least every 14 days until it is resolved.

14.3If a dispute arises between you and us in connection with these Terms, the party raising the dispute must give the other written notice of it, and both parties must try in good faith to resolve it within 20 Business Days of the notice. If the dispute is not resolved in that time, either party may refer it to mediation or pursue any other available remedy.

14.4Nothing in this clause 14 prevents a party from seeking urgent relief from a court, or prevents you from making a complaint to a regulator.

15. CONSUMER LAW AND LIABILITY

15.1Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the ACL or any other law that cannot lawfully be excluded or limited. Under the ACL you may be entitled to certain remedies, such as a refund, replacement or repair, if there is a failure with the services we provide.

15.2Subject to clause 15.1, where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited to supplying the relevant services again or paying the cost of having them supplied again.

15.3Subject to clause 15.1, to the extent permitted by law, neither party is liable to the other for any loss of profit, revenue or business, or for any indirect or consequential loss, arising in connection with these Terms.

15.4Subject to clause 15.1, to the extent permitted by law, our total liability to you in connection with these Terms is limited to the greater of $1,000 and 1.5 times the total fees (if any) you paid to us for the use of the Platform in the 12 months before the event giving rise to the liability.

15.5Clauses 15.3 and 15.4 do not limit our liability for death or personal injury caused by our negligence, for fraud or wilful misconduct, for our breach of clause 11 or of privacy law, or for loss or corruption of data caused by our failure to take reasonable steps to keep the Platform secure.

15.6Our liability to you is reduced to the extent that your breach of these Terms, or your negligent or unlawful act or omission, caused or contributed to the loss.

15.7Our liability in connection with the Supports is governed by the Service Agreement and not by these Terms.

16. SUSPENSION AND TERMINATION

16.1You may close your Account at any time through the App or by contacting us. Closing your Account does not end a Service Agreement, which must be ended in accordance with its own terms.

16.2We may suspend or close your Account immediately by notice to you if you materially breach these Terms and the breach cannot be remedied or is not remedied within 7 days after we ask you to remedy it, if we reasonably believe your use of the Platform puts the safety of any person at risk, or if the law or a regulator requires it. Otherwise, we may close your Account by giving you at least 30 days' notice. We will tell you why we have suspended or closed your Account, unless doing so would put a person at risk. If you are a Participant or Representative, we will manage your Bookings by other means while the Service Agreement continues.

16.3If your Account is closed, we will continue to hold records in accordance with the Privacy Policy and the law, and any clause of these Terms which by its nature should continue to apply will continue to apply.

17. CHANGES TO THESE TERMS

17.1We may change these Terms where the change is reasonably necessary because of a change in the law or NDIS requirements, a change to the features or security of the Platform, or a change we need to make to how we deliver Supports through the Platform to meet our obligations as a registered NDIS provider.

17.2We will give you at least 30 days' notice of a change that is likely to have a material adverse effect on you, by email and through the App, with a plain English summary of the change. We will publish any other change on the Website and in the App at least 7 days before it takes effect.

17.3If you do not agree to a change, you may close your Account before the change takes effect, without charge. A change does not affect a Booking confirmed before it takes effect.

18. NOTICES

18.1We may give you notices through the App or by email to the address associated with your Account. You may give us notices by email to admin@supportforeveryone.com.au, or using the other contact details published on the Website and in the App.

19. GENERAL

19.1These Terms are governed by the laws of Queensland, and each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts that may hear appeals from them.

19.2If any provision of these Terms is void or unenforceable, it is severed and the remainder of these Terms continues to apply.

19.3A failure or delay by a party in exercising a right under these Terms is not a waiver of that right.

19.4You may not assign or transfer your rights under these Terms. We may assign or novate our rights and obligations under these Terms to a related body corporate or to a purchaser of all or substantially all of our business by notice to you, provided your rights under these Terms are not reduced as a result.

19.5These Terms are the entire agreement between you and us about the Platform. The Privacy Policy explains how we handle personal information but does not form part of these Terms. These Terms do not affect the terms of any Service Agreement.

PART B - PARTICIPANTS AND REPRESENTATIVES

20. PARTICIPANT ACCOUNTS AND REPRESENTATIVES

20.1A Participant may hold their own Account, or a Representative may hold or manage an Account on the Participant's behalf.

20.2If you are a Representative, you warrant that you are authorised to act for the Participant in relation to the Platform and the Supports, and you must act in accordance with that authority. You must support the Participant to make their own decisions wherever possible and give effect to the Participant's will and preferences. We may ask for evidence of your authority.

20.3A Participant may ask us at any time to change or remove a Representative's access to their Account, unless the Representative's authority comes from a legal appointment, such as a guardianship order.

21. SERVICE AGREEMENT AND PARTICIPANT CONSENT FORM

21.1Before we deliver the first Supports to a Participant, the Participant (or their Representative) must enter into a Service Agreement with us, and we will ask them to complete the Participant Consent Form. The Platform may present these documents for review and signature electronically, and we will give you a copy of each signed document.

21.2The Service Agreement sets out the Supports, the prices, the cancellation terms and the other terms on which we provide Supports. You should read it carefully, and you may ask us to explain it or provide it in another format.

22. FINDING AND BOOKING SUPPORT WORKERS

22.1The Platform displays profiles of Support Workers, which may include their skills, experience, languages, interests, availability and Reviews. Before a Support Worker's profile is shown, we check that they hold a current NDIS worker screening clearance, whether a banning order is in force against them, and the credentials and qualifications stated on their profile, and the profile shows that information. General information about how credentials and qualifications are checked is published on the Website and in the App. You can use the Platform to search for Support Workers and to request a Booking.

22.2A request is not a Booking until we confirm it. We may decline a request, for example where the Supports requested are outside the scope of the Service Agreement or our registration, or where we are not satisfied that the Supports can be delivered safely.

22.3Support Workers may accept or decline offers of shifts. If a Support Worker becomes unavailable for a Booking, or we consider a change of Support Worker necessary for safety reasons, we will tell you as soon as practicable and offer a replacement Support Worker or a new time. You may decline a replacement Support Worker without charge.

22.4You must give us accurate and up-to-date information about the Participant's support needs, any risks to the Participant, the Support Worker or others, and anything else we reasonably need to deliver the Supports safely.

23. FUNDING AND PAYMENT

23.1Payment for Supports is dealt with in the Service Agreement. In summary:

(a)if the Participant's plan is managed by a Plan Manager, we will invoice the Plan Manager;

(b)if the Participant's plan is managed by the NDIA, we will claim payment from the NDIA;

(c)if the Participant self-manages their plan, the Participant pays us through the Platform using the Online Payment Partner, or by another method we agree; and

(d)if different parts of the Participant's plan are managed in different ways, we will invoice or claim each Support according to how the funding for that Support is managed.

23.2The Participant is responsible for making sure there is sufficient NDIS funding, or other funding, available for the Supports booked. A Representative is not personally liable to pay for Supports unless they have agreed in writing to do so. We will tell you if we become aware that the funding available for a Booking may not be sufficient.

24. CANCELLATIONS AND CHANGES

24.1You can cancel or change a Booking through the Platform, or by contacting us using the contact details published on the Website and in the App. Whether a cancellation charge applies, and the amount of any charge, is set out in the Service Agreement and reflects the NDIS rules on short notice cancellations.

24.2If we cancel a Booking, no cancellation charge applies, and we will try to arrange a replacement Support Worker or a new time. If you have already paid for the Booking, we will refund the payment.

25. SAFETY

25.1Support Workers are entitled to a safe workplace, and the place where Supports are delivered is their workplace. Where Supports are delivered at your home or another place you control, you must take reasonable steps to keep that place safe, tell us about any hazards you know of, and take reasonable steps to make sure that other people present treat Support Workers with respect.

25.2A Support Worker may stop delivering Supports and leave if they reasonably believe that continuing would expose them, or another person, to a serious risk to health or safety. Before leaving, the Support Worker will take reasonable steps to make sure the Participant is safe, including by calling 000 where needed, and we will contact the Participant or their Representative as soon as practicable.

25.3If you use cameras or other recording devices in a place where Supports are delivered, you must tell us before the Supports begin and comply with the law about recording other people.

26. ARRANGEMENTS OUTSIDE THE PLATFORM

26.1Services that you arrange directly with a Support Worker outside the Platform, and that are not booked with us, are not provided by us. They are not Supports, and they are not covered by our insurance, worker supervision, incident management or complaints processes.

26.2While they are employed by us, Support Workers must not enter into private arrangements with Participants they support through us unless we have approved the arrangement in writing. If a Support Worker suggests a private arrangement, please let us know.

27. REVIEWS BY PARTICIPANTS

27.1After a Booking, you may leave a Review of the Support Worker. A Review must relate to your own experience of Supports delivered within the previous 12 months and must be honest, fair and accurate.

27.2You must not leave a Review of a Support Worker with whom you have a personal or family relationship, or accept any incentive in exchange for a Review.

27.3We may remove a Review that does not comply with these Terms, but we do not remove Reviews only because they are negative.

PART C - SUPPORT COORDINATORS AND PLAN MANAGERS

28. AUTHORITY AND PROFESSIONAL OBLIGATIONS

28.1You may only use the Platform in relation to a Participant with that Participant's consent, or the consent of their Representative, and within the scope of your engagement.

28.2You must comply with all laws and professional obligations that apply to you, including privacy laws and, where applicable, the NDIS Code of Conduct.

28.3If your organisation holds an Account, it is responsible for the people it authorises to access that Account, each of whom must have their own login, and it must remove a person's access promptly when that person no longer needs it.

29. BOOKINGS ON BEHALF OF PARTICIPANTS

29.1If you request a Booking on behalf of a Participant, you warrant that the Participant (or their Representative) has authorised you to do so, that the request reflects the Participant's choices, and that the information you provide about the Participant is accurate.

29.2We will confirm a Booking you request only if the Participant (or their Representative) has authorised you in writing to request Bookings, or confirms the Booking. We may contact the Participant or their Representative directly to confirm a Booking, to obtain consent, or to discuss the Supports.

30. PLAN MANAGERS - INVOICES AND PAYMENT

30.1We issue invoices for Supports to Plan Managers through the Platform or by email. Each invoice shows our ABN and NDIS registration number, the Participant's name and NDIS number, the support item numbers, the dates and hours of the Supports, and any travel or transport charges as separate items.

30.2Unless we agree otherwise in writing, a Plan Manager must pay each invoice within 7 Business Days of receiving it.

30.3If you dispute an invoice, you must tell us promptly and in writing, giving the reasons for the dispute, and pay any part of the invoice that is not in dispute.

PART D - SUPPORT WORKERS AND APPLICANTS

31. SUPPORT WORKERS AND APPLICANTS

31.1Your use of the Platform as our employee is also governed by your employment agreement and our policies. If there is any inconsistency between those documents and these Terms, your employment agreement and our policies prevail.

31.2You must keep your profile and the documents you upload, including screening clearances, qualifications, licences and insurance details, accurate and up to date. You will not be shown on the Platform as available to provide Supports until evidence has been given that you hold a current NDIS worker screening clearance and a current blue card, and you must tell us immediately if your clearance or blue card is suspended, revoked or ends. You agree to us checking your clearance, whether a banning order is in force against you, and your credentials and qualifications, and to that information being displayed on your profile.

31.3You must use the Platform as we direct, including to accept shifts, check in and out of shifts, and record shift notes, progress notes and incidents.

31.4You must keep Participants' information confidential, secure the device you use to access the Platform with a passcode or biometric lock, and tell us immediately if the device is lost or stolen.

31.5Your access to the Platform as a Support Worker ends when your employment with us ends. While you are employed by us, we will suspend or restrict your access as a Support Worker only in accordance with your employment agreement and our policies, or under clause 16.2 for a reason of safety, security or law.

31.6If you apply for employment with us through the Platform, clauses 31.2 and 31.4 apply to you. The Privacy Policy explains how we use the AI video interview, and you may ask us for an alternative to it or an adjustment. Your profile will not be visible to Participants, Representatives, Support Coordinators or Plan Managers until you are employed by us and evidence has been given that you hold a current NDIS worker screening clearance and a current blue card.