TERMS & CONDITIONS
1.1. The Supp website or mobile phone app (“Supp Platform”) is a community jobs marketplace that is operated by Supp App Pty Ltd, ABN 63 610 830 763 (“Supp”), which provides a platform to facilitate the matchmaking of hospitality businesses who have shifts that need filling ("Hirers") with those people who are looking for extra shifts ("Workers"). When this agreement refers to:
(a) A “User” or “Users” it includes both Hirers and Workers on the Supp Platform;
(b) “Supp Services” means the matchmaking of Hirers and Worker and includes any other services provided by Supp on the Supp Platform. The Supp Services may be reviewed and updated, changed or deleted from time to time; and
1.2. The Supp Platform provides sign up links for Users to create their own account via the Supp website, or by downloading the mobile phone app from the Apple AppStore where they can use the in-app sign-up option. To complete the account creation, Supp must approve the User account first. At the discretion of Supp, they may limit the participation of Users. This may arise when, but not limited to if a User’s application is incomplete; if Supp does not operate in their location; the User is not legally entitled to perform shifts on the platform; or if there is no demand for a particular role competency on the Supp Platform.
1.3. Supp does not serve as an employer of any User on the Supp Platform and Users are in no way legally affiliated with Supp other than as may be described by the Terms & Conditions. Users agree that neither they nor Supp, intends to create an independent contractor relationship, partnership, joint venture, employer-employee, principal-agent or franchise relationship and thus no such relationships are created. Supp expressly disclaims any contract, tort or any statutory liability arising in any dispute between Users of the Supp Platform and we reiterate that Supp only provides the services on the Supp Platform to facilitate a Hirer to find a Worker who is seeking to perform the shift.
1.4. These terms and conditions (‘Terms’) apply to the use of the Supp Platform and any Supp Services and Users agree to be bound by these Terms. These Terms may be reviewed and amended at any time. Notification of the amended Terms may be sent to Users by email or as a general notice posted to each Users account. The amended Terms will then take effect from the next time a User logs onto the Supp Platform. The continued use of the Supp Platform by any User is subject to the current Terms as amended from time to time and if any User does not agree with the amendments to the Terms, then that User must stop using the Supp Platform.
2. USING THE PLATFORM
2.1. A Hirer who needs a shift performed must first create an account with Supp. After Supp has approved the account, a Hirer may create and post a shift ad (“Posted Shift”) which includes the date, start time, finish time, hourly rate and role competency, with a description of the service, as described in clause 8.1 of this Agreement. A Hirer cannot update a Posted Shift after it has been published, but they may cancel the shift at any time. Supp may also act on behalf of a Hirer to cancel or post a shift. A Hirer may offer a Worker the shift after reviewing their profile using the functionality on the Supp Platform. The Hirer may withdraw their offer anytime before the Worker has accepted the shift. If there are no applications for a Posted Shift before the start time, the shift will expire. A Hirer should be familiar with Supp’s Community Guidelines before using the Supp Platform.
2.2. A Worker who is seeking to perform a shift must first create an account with Supp. After Supp has approved the account the Worker may review and apply (“Application”) for any shifts they have received a notification for. Workers will only receive a notification for shifts which match their role competencies, and which are offering an hourly rate above the minimum hourly rate specified by the Worker. By making an Application the Worker confirms that s/he is legally entitled to and capable of performing the services described in the Posted Shift. A Worker may cancel their Application for a Posted Shift at any time before they accept an offer from the Hirer. Applications are subject to further terms set out for Posting Shifts and Applying below. A Worker should be familiar with Supp’s Community Guidelines before using the Supp Platform.
2.3. After a Worker accepts the offer from the Hirer, both Users can communicate privately using each other’s mobile number.
2.4. Once a Worker has accepted an Application from a Worker then the Hirer and the Worker will be deemed to have entered into a separate contract under which the Hirer agrees to purchase, and the Worker agrees to provide the Hirer with the services on a casual basis with no guarantee of ongoing or regular work following the completion of the Posted Shift ("Shift Contract"). The terms of the Shift Contract incorporate the terms of the Posted Shift described in clause 8.1 and the additional terms set out in clause 8.2 of this Agreement and any additional terms and conditions agreed between the Hirer and the Worker. Users agree not to enter into any contractual provisions in a Shift Contract that conflict with this Agreement. If the Hirer pays any tips to the Worker, that will be on top of the hourly rate agreed to in the Shift Contract. The Worker must provide the services to the Hirer in accordance with the Shift Contract, unless the services are prohibited by law, by this Agreement, an agreement between the User and a Third Party Provider or by any of our Policies. The terms of this Agreement incorporated into a Shift Contract take priority over any other terms agreed between a Hirer and a Worker in the Shift Contract to the extent of any inconsistency.
2.5. Once a Worker has provided the services requested by a Hirer in accordance with the Shift Contract, the Worker should verbally confirm the final duration of the shift with the Hirer before leaving the venue or event site, factoring in any breaks. If the actual shift duration differs to what was agreed to in the Shift Contract, the Hirer will reflect this variation when they confirm the total hours. If a Hirer does not submit the correct duration when they end the shift, this will constitute a breach of the Shift Contract. By submitting the hours worked, the Hirer also triggers payment for the services. The Hirer will pay the funds to the Worker after the deduction of the relevant fees set out in the Service Fee Schedule and described in Fees below ("Service Fees"). Supp uses Stripe Payments to facilitate this transfer of funds. After the transaction is concluded by the Hirer, both the Worker and Hirer are mandated to provide a review of each other using the 5 Star Reputation System and as an optional extra, they are encouraged to provide a short written review. Supp may contact Users to remind them to complete a Supp service review.
2.6. Following the completion of a shift, an automated shift summary is sent to both Users via email, including the relevant information about the Worker for the Hirer to legally complete any administration for the shift, including information and documentation in relation to compliance with the income tax legislation or the GST requirements of the A New Tax System (Goods and Services Tax) Act 1999 (Cth). If the Hirer requires more information about the Worker, it is the Hirer’s responsibility to request this information from the Worker. Supp takes no responsibility for the Hirer and Worker failing to perform their own administration to ensure all shifts are legal and comply with relevant legislation.
2.7. The Posted Shift will include the location of the venue where the shift is being performed will be visible to the Worker. A Hirer and Worker should never disclose personal details such as their full name, street number, phone number or email address in a Posted Shift.
2.8. The Supp Services may be reviewed and updated from time to time.
3.1. Supp Workers are required to link a bank account to their Supp account prior to applying for any shifts. Similarly, a Hirer must link a valid credit/ debit card to their account prior to offering a shift to a Worker. It is the responsibility of the Hirer and Worker to ensure that valid and accurate details are used. Supp takes no responsibility for payments made to the incorrect bank account, and it is the Workers responsibility to follow up payment with the Hirer when this takes place.
3.2. When a Hirer ends a shift and confirms the hours worked, the Hirer also triggers payment for the services. If that payment cannot be made for any reason the Shift Payment will be handled in accordance with this clause 3.
3.3. If the Hirer or Worker want to cancel the Shift Contract and there is no dispute between the Users, they may do so by informing one another via mobile numbers and then cancelling the shift using Supp Platform functionality. In the event of a Worker “no-show”, the Hirer can end the shift and alert Supp of the “no-show”. In these cases, no payment is made, and Supp will follow up with both Users in accordance with the Community Guidelines.
3.4. If for any reason, the Shift Payment cannot be transferred or otherwise made to the Worker, the Hirer must contact the Worker and Supp to ensure both parties are aware of the situation. Shift Payment must be arranged at least 7 days prior to the completion of the Shift.
4.1. Supp has obtained an insurance policy which provides cover for Users. Terms and conditions for these Third Party Services are set out under www.suppapp.com/insurance. If the Worker is relying on any cover provided by the Hirer, Supp does not represent that the insurance offered by the Hirer is adequate or appropriate for any particular User. Each User must make its own enquiries about whether any further insurance (such as workers compensation or general liability insurance) is required.
4.2. The Worker acknowledges and agrees that in the event that a Hirer makes a claim relating to any services performed by a Worker, and the insurance taken out by Supp (if any) responds to that claim then this clause applies. Supp may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by Supp from the Worker. Where Supp makes a claim and the insurer assesses that the Worker is responsible, Supp is entitled to rely on that assessment. If you do not pay any excess, Supp may also elect to set this amount off against future money it may owe to the Worker.
5. USER ACCOUNTS
5.1. All applications to join Supp must be made through the Supp Platform, or the sign up feature in the mobile phone app, with real and verifiable information. Supp may perform background checks and vet Workers before accepting them on the Supp Platform. Supp User accounts can only be created in the name of an individual. However, Hirer’s including Owners and Managers may create a separate Business account. No more than one business account is permitted per location.
5.2. Your account is your responsibility and cannot be sold or transferred. To create an account and use the Supp Services you must be able to form legally binding contracts under applicable law. Supp Services are not available to persons under 18 years of age. If you do not qualify to use the Supp Services, you must not use the services.
5.3. Your verified account must represent the individual completing the shift and all personal details must be current and valid. While you are registered with Supp you must maintain control of your Supp account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
5.4. At its absolute discretion, Supp may refuse to allow any person to register or create an account with Supp or cancel or suspend any existing account.
6. USER’S OBLIGATIONS
6.1. All Users agree that at all times:
(a) You will comply with this Agreement (including all Supp Policies) and all applicable laws and regulations;
(b) You will post only accurate information on the Supp Platform;
(c) You will promptly and efficiently perform all your obligations to other Supp Users under a Shift Contract and to Supp under this Agreement;
(d) all content (whether provided by Supp, a User or a third party) on the Supp Platform may not be used on third party sites or for other business purposes without Supp’s prior permission;
(e) You will ensure that you are aware of any laws that apply to you as a Hirer or a Worker, or in relation to any other way(s) that you use the Supp Platform; and
(f) You must not use the Supp Platform for any illegal or immoral purpose.
6.2. Each Hirer warrants that at all times:
(a) You must comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and business opportunity adverts: how to handle them’. This publication can be accessed at http://www.accc.gov.au/publications/misleading-job-and-business-opportunity-adverts-how-to-handle-them.
(b) Any Position Vacancy that you upload to the Supp Platform does not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity.
(c) The Shift Contract and any terms and conditions of the Posted Shift offered by the Hirer to the Worker must comply with relevant award or registered agreement and the provisions Fair Work Act 2009, including the National Employment Standards (NES) relating to casual workers.
(d) it will provide a safe working environment for Workers and that it will comply with the relevant workplace health and safety legislation and will have and maintain any insurance policies or workers’ compensation arrangements that are required by any relevant legislation.
6.3. Each Worker warrants that at all times:
(a) You have the right to work in Australia and to provide services under a Shift Contract; and
(b) You will comply with your tax obligations in relation to any payment received under a Shift Contract.
6.4. Each User grants to Supp an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Supp Platform for the purpose of including that material and information on the Supp Platform and as otherwise may be required to provide the Supp Service, for the general promotion of the Supp Service and as permitted by this Agreement.
6.5. Each User warrants that any information posted on Supp Platform must not, in any way whatsoever, be potentially or actually harmful to Supp or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Supp. Without limiting any provision of this Agreement, any information you supply to Supp must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) be defamatory, libellous, threatening or harassing;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);
(e) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(f) be obscene or contain any material that, in Supp's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Supp Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
6.6. Each User agrees that when you enter into a Shift Contract using the Supp Platform you create a legally binding contract with another Supp User unless the transaction is prohibited by law or by this Agreement (including the Supp Policies). If you do not comply with your obligations to another Supp User under a Shift Contract, you may become liable to that other User. If another User breaches any obligation to you, you and not Supp are responsible for enforcing any rights that you may have with that User.
6.7. If Supp determines at its sole discretion that a User has breached any obligation under this clause 6, it reserves the rights to remove any content, offer of work or Posted Shift a User has submitted to the Supp Service or cancel or suspend the User account.
7.1. Registering and creating an account with Supp is free. There is no charge for a Hirer to Post Shifts, or for other Supp Users to review content on the Supp Platform, including Posted Shifts.
7.2. If a Hirer has accepted your offer, you agree that the Service Fees as set out in the Service Fee Schedule will be deducted from the total fee and paid to Supp (or its nominee). The Service Fees are inclusive of GST.
7.3. The Service Fees will be deducted and paid to Supp when the shift is ended by the Hirer and the shift duration is confirmed. To be clear, Service Fees will be calculated only on the Total Shift Value paid by the Hirer to the Worker through the platform. Any other income (such as Tips) or expenses (such as Transport) incurred will not be included in any calculation of the Service Fees.
7.4. Supp may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Supp notifies you of that change by sending a message to your Supp account.
7.5. Supp may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Supp account.
7.6. All fees and charges payable to Supp are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
7.7. If Supp introduces a new service on the Supp Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.
7.8. The Worker must not charge a Hirer Service Fees on top of the agreed price for the Services under the Shift Contract.
8. POSTING SHIFTS, APPLYING & HIRING
8.1. A Posted Shift must include the following details in order to be accepted by Supp:
(a) Date, Start and finish time;
(b) Hourly rate: the hourly rate that the Hirer is prepared to pay for the services required, including any shift loadings and entitlements; and
(c) Role: Role competency required.
Additional details should be included in the Shift Description, as follows:
(a) Description and House Rules: a short description of services and details about the venue for the Worker’s attention;
(b) Tax liability: whether the engagement at the hourly rate will be as a casual employee (with PAYG tax deducted) or whether the engagement will be as an independent contractor with the Worker providing a tax invoice based on the hourly rate exclusive of GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth); and
(c) Proximity: whether the Worker may be required to perform services at more than one location; and, if the Worker is required to perform services at more than one location the maximum distance from the Hirer’s primary location that the Worker will be sent.
8.2. A Shift Contract will require the Worker to:
(a) Perform all duties described in the Post Shift to the best of your ability at all times;
(b) perform any other duties that are usually performed by a person carrying out the role described in the Post Shift, which is consistent with your skills, training and experience; and
(c) follow all reasonable and lawful directions given to you by the Hirer, including complying with policies and procedures provided to you by the Hirer at the commencement of the shift.
8.3. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
8.4. As well as the mandatory details mentioned in paragraph 8.1, a Hirer may choose to specify additional terms that s/he wants to apply to the transaction such as a qualification (for example, RSA – responsible service of alcohol qualification), or experience with specialised equipment.
8.5. Hirers must describe the service fully and accurately and include all terms of supply that you want to apply, as well as any information required by law. Posted Shifts may only include text. You must have the legal right to use any content that you post. Supp may, in its sole discretion, remove any Posted Shift for any reason.
8.6. In making an Application, a Worker agrees to provide the relevant services on the terms and conditions specified in the Posted Shift (unless the Worker and the Hirer agree to vary the terms and conditions in the course of negotiations, in which case the Worker must perform the services in accordance with the agreed timeframe and terms and conditions). Once a Hirer accepts an offer from a Worker, no further negotiations are permitted on the Supp Platform in relation to the provision of the relevant services. If, after the Hirer accepts an offer from a Worker, the Worker and Hirer wish to discuss any other details related to the Shift (for example, confirming the duration of a Shift or uniform to be worn), they may contact each other directly.
8.7. If a Supp User wishes to complain about any review made on the Supp Platform, please either use platform functionality, or email Supp using the contact information on the Supp Platform
8.8. Hirers may choose not to accept any offer. Hirers may withdraw any Posted Shift at any time prior to accepting an offer from a Worker.
8.9. A Supp User or Worker has no obligation whatsoever to make an offer on any Posted Shift.
9.1. Supp is entitled to suspend or terminate your account at any time if Supp, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Supp Users.
9.2. To continue to improve our Supp Platform, please let us know of any issue that you experience using a Third Party Service by contacting us at firstname.lastname@example.org.
10. LIMITATION OF LIABILITY
10.1. Except for liability in relation to a breach of any non-excludable condition, Supp's liability to any User of this service is limited to the total amount of fees paid by that User to Supp during the twelve month period prior to any incident causing liability of Supp.
10.2. Supp's liability to you for a breach of any non-excludable condition (other than a non-excludable condition that by law cannot be limited) is limited, at our option to providing again or paying the cost of providing again, services in respect of which the breach occurred.
11. DEFAULT IN TRANSACTIONS
11.1. If you, as a Worker or Hirer, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Supp's rights under this Agreement (including any Supp Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, you may be in breach of your obligations to both Supp and the Worker or Hirer with whom you are transacting under a Shift Contract.
13. NO WARRANTY
13.1. Except for liability in relation to any Non-excludable Condition, the Supp service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
14. NO AGENCY
14.1. No partnership, joint venture, employee-employer, principal-agent or other similar relationship is created by this Agreement. In particular, you have no authority to bind Supp, its related entities or affiliates in any way whatsoever. Supp confirms that all Third Party Services that may be promoted on the Supp Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Supp specifically disclaims all liability for any loss or damage incurred by any Users in any manner due to the performance or non-performance of such Third Party Service.
15.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Supp's contact address as displayed on the Supp Platform or to Supp Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.
(c) Notices related to the performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.
16. MEDIATION AND DISPUTE RESOLUTION
16.1. Supp encourages you to try and resolve disputes (including claims for returns or refunds) with other Supp Users directly. Accordingly, you acknowledge and agree that Supp may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.
16.2. Supp may provide access to a third party dispute resolution service ("Third Party Dispute Service"). If such a service is provided, either party may require the other party to submit the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Supp confirms that Third Party Dispute Service is a Third Party Service and subject to further terms set out for Third Party Services. The Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
16.3. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
16.4. If you have a complaint about the service please contact us at email@example.com.
16.5. If Supp provides information of other Supp Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Supp against any claims relating to any other use of information not permitted by this Agreement.
17.1. Either party may terminate an account and this Agreement at any time for any reason.
17.2. Termination of this Agreement does not affect any Shift Contract that has been formed between Supp Users. If you have entered a Shift Contract you must comply with the terms of that Shift Contract including providing the services or paying the price as applicable.
17.3. Third Party Services are subject to Third Party Service provider terms and conditions.
17.4. Sections 6 (User Obligations), 7 (Fees), 10 (Limitation of Liability), and 16 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.1. This Agreement is governed by the laws of Victoria, Australia. The Users and Supp submit to the exclusive jurisdiction of the courts of Victoria, Australia.
18.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
18.3. This Agreement may be assigned or novated by Supp to a third party without your consent. In the event of an assignment or novation, you will remain bound by this Agreement.
18.4. This Agreement sets out the entire understanding and agreement between you and Supp with respect to its subject matter.
19. MODIFICATIONS TO THE AGREEMENT
19.1. Supp may modify this Agreement and/ or the Policies (and update the Supp pages on which they are displayed) from time to time. Supp will send notification of such modifications to your Supp account. You should check that account regularly.
19.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the Supp Platform in any manner after the expiry of that 30 day period or such other notice period notified to you, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
19.3. If you do not agree with any changes to this Agreement (or any of our Policies), you must terminate your Supp account and stop using the Supp Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Supp Policy cannot be amended except in writing signed by you and Supp.
20. SERVICE FEE SCHEDULE
20.1. The Service Fee for an offer that has been accepted by a Hirer is equal to ten per cent (10%) of the Total Shift Value per the Shift Contract.