Terms & conditions
1.1. The Supp mobile app (“Supp Platform”) is a community jobs marketplace that is operated by Supp App Inc, Supp App Pty Ltd, and its subsidiaries (“Supp”), which provides a platform to facilitate the matchmaking of hospitality venues ("Businesses") with independent contractor hospitality professionals (“Individuals”) who are looking for extra shifts and/ or ongoing employment. When this agreement refers to:(a) A “User” or “Users” includes both Businesses and Individuals on the Supp Platform;(b) “You” includes both Businesses and Individuals on the Supp Platform;(c) “Supp Services'' means the matchmaking of Businesses and Individuals 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; (d) “Individuals” may also be referred to as “Independent Contractors”; and (e) “Policies” means Supp’s Community Guidelines, Privacy Policy and Terms & Conditions.
1.2. 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 Business to find an Individual who is seeking to perform the shift.
1.3. The Supp Platform provides sign up links for Users to create their own account via the Supp website, or by downloading the mobile app 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.
1.4. 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 Business who needs a shift performed must first create an account with Supp. After Supp has approved the account, a Business 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 Business 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 Business to cancel or post a shift. A Business may offer an Individual the shift after reviewing their profile using the functionality on the Supp Platform. The Business may withdraw their offer anytime before the Individual has accepted the shift. If there are no applications for a Posted Shift before the start time, the shift will expire. A Business should be familiar with Supp’s Community Guidelines before using the Supp Platform.
2.2. An Independent Contractor (“Individual”) who is seeking to perform a shift using our platform must first apply to join Supp. If Supp approves their application, the Independent Contractor must agree to these Terms & Conditions prior to using the platform. After they agree, they may review and apply (“Application”) for any shifts they have received a notification for. Independent Contractors 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 Independent Contractor. By making an Application the Independent Contractor confirms that s/he is legally entitled to and capable of performing the services described in the Posted Shift. An Independent Contractor may cancel their Application for a Posted Shift at any time before they accept an offer from the Business. Applications are subject to further terms set out for Posting Shifts and Applying below. An Independent Contractor should be familiar with Supp’s Community Guidelines before using the Supp Platform.
2.3. After an Individual accepts the offer from the Business, both Users can communicate privately using each other’s mobile number.
2.4. Once an Individual has accepted an Application from a Business then the Business and the Individual will be deemed to have entered into a separate contract under which the Business agrees to purchase, and the Individual agrees to provide the Business with the services on an independent contract 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 9.2 of this Agreement and any additional terms and conditions agreed between the Business and the Individual. Users agree not to enter into any contractual provisions in a Shift Contract that conflict with this Agreement. If the Business pays any tips to the Individual, that will be on top of the hourly rate agreed to in the Shift Contract. The Individual must provide the services to the Business 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 Business and an Individual in the Shift Contract to the extent of any inconsistency.
2.5. Once an Individual has provided the services requested by a Business in accordance with the Shift Contract, the Individual must confirm the final duration of the shift with the Business 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 Business will reflect this variation when they confirm the total hours in the app. If a Business 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 Business also triggers payment for the services. The Business will pay the funds to the Individual 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 Business, both the Individual and Business 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 Individual for the Business to legally complete any administration for the shift, including information and documentation in relation to compliance with the income tax legislation or the sales tax requirements. If the Business requires more information about the Individual, it is the Business’s responsibility to request this information from the Individual. Supp takes no responsibility for the Business and Individual 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 Business where the shift is being performed so it is visible to the Individual. A Business and Individual 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. PAYMENT
3.1. Individuals are required to verify their ID and link a bank account to their Supp account prior to applying for any shifts. Similarly, a Business must link a valid credit/ debit card to their account prior to offering a shift to an Individual. It is the responsibility of the Business and Individual 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 Individual’s responsibility to follow up payment with the Business when this takes place.
3.2. When a Business ends a shift and confirms the hours worked, the Business 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 Business or Individual 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 an Individual “no-show”, the Business 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 Individual, the Business must contact the Individual and Supp to ensure both parties are aware of the situation. Shift Payment must be arranged at most 7 days after the completion of the Shift.
3.5. Supp uses a third party service provider ("Payment Provider") to provide payment services, acting as a payment facilitator on behalf of the Business and Individual. By using the Supp Platform you agree to be bound by the payment facilitators Privacy Policy, located at https://stripe.com/au/privacy, and hereby consent and authorise Supp and the Payment Provider to share any information and payment instructions you provide with one another and, to the extent required to complete your transaction. By registering and creating an account with Supp, you agree to be bound by the Payment Provider's terms and conditions which are located at https://stripe.com/au/legal. Supp expressly states that the services offered by the Payment Provider are Third Party Services. If Users engage with any Third Party Service provider your agreement will be directly between you and that Third Party Service provider. Supp makes no representation or warranty as to the Third Party Services.
4. INSURANCE
4.1. Supp has obtained a third party insurance policy which provides cover for Users when performing shifts on Supp. Terms and conditions for these Third Party Services are set out under www.suppapp.com/insurance. If the Individual is relying on any cover provided by the Business, Supp does not represent that the insurance offered by the Business is adequate or appropriate for any particular User. Each Individual must make its own enquiries about whether any further insurance (such as Individuals compensation or general liability insurance) is required.
4.2. The Individual acknowledges and agrees that in the event that a Business makes a claim relating to any services performed by an Individual, 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 Individual. Where Supp makes a claim and the insurer assesses that the Individual 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 Individual.
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 Individuals before accepting them on the Supp Platform. Supp User accounts can only be created in the name of an Individual. However, Businesses 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 Business or an Individual, 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 Business warrants that at all times:(a) You must comply with the US Federal Trade Commission (FTC) or 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 Business to the Individual must comply with local legislation.(d) The Business will provide a safe working environment for Individuals and comply with the relevant workplace health and safety legislation.
6.3. Each Individual warrants that at all times:(a) You are an independent contractor and there is no intention to seek employment with the Business;(b) You have the right to work in the country and to provide services under a Shift Contract; and(c) 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. COMMUNICATIONS
7.1. By signing up to Supp, You agree and consent to be contacted by, and to receive and accept communications from Supp and authorised partners, representatives, and/or affiliates via different communication methods, including but not limited to push notifications, SMSs, emails, and/or phone calls. By consenting to being contacted, You understand and agree that You may receive communications on various subjects, including but not limited to: (1) transactional communications relating to Supp; (2) promotional or marketing communications; or (3) news concerning Supp or the hospitality industry. Message and data rates may apply. By agreeing to these Terms and Conditions you are consenting to be contacted and you represent that the contact details that You have provided to Supp are true and correct, and that You will promptly notify Supp if and when You stop using or change any of contact details.
7.2. To opt out of promotional or marketing material you can UNSUBSCRIBE from Supp’s marketing communications via links in the emails or by emailing Supp on customerservice@suppapp.com. To opt out of SMS communications you can reply ‘STOP’ in the SMS message thread.
8. FEES
8.1. Registering and creating an account with Supp is free. There is no charge for a Business to Post Shifts, or for other Supp Users to review content on the Supp Platform, including Posted Shifts.
8.2. If a Business has accepted your offer, Individuals 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 sales tax and broken down in detail on the invoice sent to the Business.
8.3. The Service Fees will be deducted and paid to Supp when the shift is ended by the Business and the shift duration is confirmed. To be clear, Service Fees will be calculated only on the Total Shift Value paid by the Business to the Individual 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.
8.4. 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.
8.5. 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.
8.6. All fees and charges payable to Supp are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
8.7. 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.
8.8. The Individuals must not charge a Business Service Fees on top of the agreed price for the Services under the Shift Contract.
9. POSTING SHIFTS, APPLYING & HIRING
9.1. 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 Business 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 Business for the Individual’s attention;(b) Proximity: whether the Individual may be required to perform services at more than one location; and, if the Individual is required to perform services at more than one location, the maximum distance from the Business’ primary location that the Individual will be sent; and(c) Ongoing employment: indicate in the Shift Post whether there is likely to be an ongoing role available for the right fit.
9.2. A Shift Contract will require the Individual to:(a) Perform all duties described in the Posted 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 Posted Shift, which is consistent with your skills, training and experience; and(c) follow all reasonable and lawful directions given to you by the Business, including complying with policies and procedures provided to you by the Business at the commencement of the shift.
9.3. 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.
9.4. As well as the mandatory details mentioned in paragraph 9.1, a Business 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.
9.5. Businesses 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.
9.6. In making an Application, an Individual agrees to provide the relevant services on the terms and conditions specified in the Posted Shift (unless the Individual and the Business agree to vary the terms and conditions in the course of negotiations, in which case the Individual must perform the services in accordance with the agreed timeframe and terms and conditions). Once an Individual accepts an offer from a Business, no further negotiations are permitted on the Supp Platform in relation to the provision of the relevant services. If, after the Individual accepts an offer from a Business, the Individual and Business 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.
9.7. 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
9.8. Individuals may choose not to accept any offer. Businesses may withdraw any Posted Shift at any time prior to an Individual accepting an offer from a Business.
9.9. A Supp User or Business has no obligation whatsoever to make an offer on any Posted Shift.
10.10. A Supp User may not complete more than 40 hours of work through the platform per week. 10. FEEDBACK
10.1. 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.
10.2. To continue to improve our Supp Platform, please let us know of any issues that you experience using a Third Party Service by contacting us at customerservice@suppapp.com.
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1. 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 lower of the total amount of fees paid by that User to Supp during the six month period prior to any incident causing liability of Supp, and five hundred dollars ($US500).
11.2. 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.
11.3. Neither Supp, or its subsidiaries shall be liable for any of the following, whether based on tort, contract or any other area of law:Loss of trade, revenue, profits or other economic advantage; orLoss or inaccuracy of data. This limitation of liability includes any of the foregoing types of damages arising from your access or use of the Supp platform.
11.4. You agree to indemnify, defend, and hold harmless Supp and its officers, directors, agents, investors, and employees from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with a) the Services, b) your failure to comply with the Terms and Conditions in any way, c) your submission of materials or content on the Services, d) any other activity in which you engage on or through or because of the Services, and e) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defense of any such claims.
11.5. In the event that you become involved in any dispute with one or more other users or Supp, you hereby release and forever discharge Supp and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or Supp.
12. DEFAULT IN TRANSACTIONS
12.1. If you, as an Individual or Business, 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 Individual or Business with whom you are transacting under a Shift Contract.
13. PRIVACY
13.1. Supp’s Privacy Policy, which is available at https://www.suppapp.com/privacy, applies to all Users and forms part of this Agreement. Use of the Supp Platform confirms that you consent to and authorise the collection, use and disclosure of your personal information in accordance with Supp’s Privacy Policy.
13.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third Party you must review and agree to their terms of service including their privacy policy.14. NO WARRANTY
14.1. 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 the extent allowed by law.15. NO AGENCY
15.1. 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.16. NOTICES
16.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Supp's contact address (customerservice@suppapp.com) 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.17. ARBITRATION AND DISPUTE RESOLUTION
17.1. You agree to try and resolve disputes (including claims for returns or refunds) with other Supp Users directly, instead of filing a lawsuit in court (with the exception of below). 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. There could be disputes which, as a matter of law, may not be subject to this agreement.
17.2. You agree that Provision 17 is a licensing agreement governed by the Federal Arbitration Act (“FAA”), comprises a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in commerce within the meaning of Section 1 of the FAA. You agree that the FAA governs the interpretation and enforcement of Provision 16, and this applies to all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement. In the event the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
17.3. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Provision, including without limitation any dispute concerning arbitration. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative PAGA Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative PAGA Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. The Parties agree that any and all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver or Representative PAGA Action Waiver.
17.4. You agree that all disputes or claims will be resolved in individual arbitration. You agree that by entering into this Agreement, you waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against Supp, which are addressed separately below. This Class Action Waiver does not prevent You or Supp from participating in a classwide settlement that would resolve or release the relevant claims.
17.5. You agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), in any court or in arbitration, and for any claim brought on a private attorney general basis, including under the California PAGA. You agree that any such dispute shall be resolved in arbitration on an individual basis only, and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Action Waiver”).
17.6. Arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows: Unless applicable law provides otherwise, as determined by the arbitrator, You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees;If You or Supp serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; or You and Supp agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees.
17.7. Entering into Provision 17 does not change Your status as an Independent Contractor in fact and/or in law.
17.8. Arbitration is not a mandatory condition of Your contractual relationship with Supp, and therefore You may opt out of this Mutual Arbitration Provision. In order to opt out, You must notify Supp by a notice emailed to Supp (customerservice@suppapp.com) indicating Your intention to opt out.
18. TERMINATION
18.1. Either party may terminate an account and this Agreement at any time for any reason.
18.2. 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.
18.3. Third Party Services are subject to Third Party Service provider terms and conditions.
18.4. Sections 6 (User Obligations), 8 (Fees), 11 (Limitation of Liability), and 17 (Arbitration and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19. GENERAL
19.1. This Agreement is governed by the laws of State and Country where you use Supp. The Users and Supp submit to the exclusive jurisdiction of the courts of their location per the Supp Platform.
19.2. 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.
19.3. 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.
19.4. This Agreement sets out the entire understanding and agreement between you and Supp with respect to its subject matter.
19.5. California Users: Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 20.
20. MODIFICATIONS TO THE AGREEMENT
20.1. 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.
20.2. 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.
20.3. 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.
21. SERVICE FEE SCHEDULE
21.1. The Service Fee for a completed shift which is paid by the business is equal to twelve per cent (12%) of the Total Shift Value per the Shift Contract.
22. IN-APP PURCHASES
22.1. Generally. From time to time, Supp may offer products and services for purchase ("in app purchases") through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise Supp or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
22.2. Auto-Renewal; Automatic Card Payment. Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.Objections to a payment already made should be directed Supp customer service. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits.You may unconditionally withdraw your consent to automatic card payments at any time by going to Settings on Supp or the relevant third party account (iTunes or Google Play Store), but be advised that you are still obligated to pay any outstanding amounts.If you want to change or terminate your subscription, you will need to log in to your third party account (or Settings on Supp) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Supp application from your device. Deleting your account on Supp or deleting the Supp application from your device does not terminate or cancel your subscription; Supp will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Supp or the third party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
22.3. Supp Pro and Virtual Privileges of the Passport feature. From time to time, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access "virtual Privileges", including but not limited to the Passport feature (collectively, "Virtual Privileges"). Any Virtual Privilege status shown in your account does not constitute a real-world status or balance, or reflect any stored value, but instead constitutes the existence or a measurement of the extent of your license. Virtual Privileges do not incur fees for non-use, however, the license granted to you in Virtual Privileges will terminate in accordance with the terms of this Agreement, when Supp ceases providing the Service or your account is otherwise closed or terminated. Supp, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Privileges and/ or may distribute Virtual Privileges with or without charge. Supp may manage, regulate, control, modify or eliminate Virtual Privileges at any time. Supp shall have no liability to you or any third party in the event that Supp exercises any such rights. Virtual Privileges may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL PRIVILEGES MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Privileges for use on Supp is a service that commences immediately upon the acceptance of your purchase of such Virtual Privileges. YOU ACKNOWLEDGE THAT SUPP IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL PRIVILEGES FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL PRIVILEGES WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
22.4. Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.Purchases of Virtual Privileges are FINAL AND NON-REFUNDABLE.To request a refund:If you subscribed using your Apple ID, refunds are handled by Apple, not Supp. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getsupport.apple.com.If you subscribed using your Google Play Store account: please contact Supp customer service with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to customerservice@suppapp.com. If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Privileges. That means that such purchases are FINAL AND NON-REFUNDABLE.
22.5. Pricing. Supp operates an international business and provides services to a diverse community of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.
