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TERMS OF USE

Terms Of Use

I. INTRODUCTION

These Terms of Use set forth how “SSF Services Pty Ltd (ABN 84632877902)” makes its technology, content, and services available for your access and use. SSF connects support workers with customers looking for support services through our Platform.
These Terms of Use govern your relationship with SSF and your use of our Platform and/or services
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING SSF PLATFORM AND/OR SERVICES.
By using or accessing our Platform you acknowledge that you have carefully read, comprehended, and agreed to be bound by the conditions of these Terms of Use, including any updates or amendments thereto. You agree to abide by and be bound by the Terms of Use as modified if you continue to use the Website/App after any such update. If you do not agree to all or any of the provisions contained in the terms of use, please stop using or accessing our Platform and/or services

II. DEFINITIONS AND INTERPRETATIONS

1. ACL means the Australian Consumer Law at Schedule 2 of the Competition and Customer Act 2010 (Cth) and its associated Regulations as amended from time to time.
2. Account means any account that is registered by you on our Platform.
3. Agreement means this user agreement between You and SSF Services Pty Ltd (ACN 632 877 902) which incorporates all policies and terms and conditions referred to in this agreement
4. Booking means a legal agreement between Customers and Support Workers for Support Services according to the Offer.
5. Customer/Client refers to people, family members, representatives or entities seeking support services.
6. Employee Benefits means all benefits owing to employees under the Employment Legislation including minimum wages, superannuation, workers compensation, leave entitlements or any other employee benefit.
7. Feedback means any user comments, multidimensional ratings, or quality ratings SSF develops for support staff based on user comments.
8. Law means any Commonwealth, State, Territory, or local government legislation in force in Australia.
9. NDIS Code of Conduct means the National Disability Insurance Scheme Code of Conduct (Workers) set out at https://www.ndiscommission.gov.au/workers/ndis-code-conduct as updated from time to time.
10.Offer a booking request sent from either a Support Worker or a Client to the other in connection with Support Services.
11. Platform includes our Website – https://ssfservices.com.au/, Mobile Application, Desktop Version, or any other means through which you’re given access to our services.
12.Support Worker a person or entity who is registered to provide Support Services on our Platform.
13.Support Services means home care, aged care, disability support, health care, domestic and commercial cleaning, maintenance work or other approved services.
14.SSF Services, SSF, We or Us means SSF Services Pty Ltd (ABN 84632877902)
15.You, Your, User or Users refer to anyone accessing our services and/or our Platform for any reason.
16.Your Premises means any premises at which you will provide or receive support services.

III. AGREEMENT

1. The Terms of Use and Privacy policy together constitute a legal agreement between you and SSF. By using SSF Platform, you acknowledge, warrant, and represent to SSF that you have the right, authority and capacity to enter into this agreement.
2. By creating an account on the SSF Platform, you agree to the Terms. Once you finish the registration procedure and acknowledge the necessary agreements with SSF, you become an approved user. You agree to add accurate, current, and complete information during the registration process, and you agree to regularly update this information.
3. SSF will ensure that all the support workers go through stringent screening process but will not be accountable for any service errors including criminal conduct of the support worker. You acknowledge and accept that we make no representations or warranties, either express or implied, regarding the suitability or qualifications of Support Workers, the detection of past misconduct, or the predictability of future behaviour with regard to the verifications we carry out on them. Before booking Support Services, we advise you to perform your own evaluations of Support Workers, including seeking copies of any necessary documentation and verifications. You are aware that it will be your responsibility to judge a Support Worker’s suitability.
4. We reserve the right to monitor your use of the Platform to determine your compliance with these Terms, the NDIS Code of Conduct and NDIS policies
5. You affirm that you have never been convicted of a crime, either in Australia or in any country other than Australia, or that, if you have, you have revealed the details of that offence.

IV. CLIENT/CUSTOMER WARRANTIES AND RESPONSIILITIES

1. You must always act with good faith when using the SSF Services.
2. With respect to your use of the Platform, you must not

a. disclose your login information or password to anyone else;
b. use the Platform in a manner that violates applicable laws, violates our or others’ intellectual property or other rights, or is fraudulent, obscene, unprofessional, offensive, misleading, or defamatory.
c. pretend to be someone else;
d. alter, reproduce, display, publish, distribute, copy, transmit, perform, licence, create derivative works from, transfer, sell, or resell any information, content, software, or materials made accessible through our Platform, unless expressly permitted by this Agreement;
ABN: 84632877902
E-Mail: info@ssfservices.com.au
e. engage in any deceptive or misleading behaviour, as well as any other behaviour that would be against the Australian Consumer Law.

3. You need to give us specific information about yourself to utilise the Platform and/or services. This data will be handled and stored in accordance with our Privacy Policy
4. You agree that you are solely responsible for determining suitability of Support Services
5. You affirm that these Terms constitute a written agreement in electronic form between the Client, the Support Worker, and us.
6. You shall abide by the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act), as applicable.
7. If you have been convicted of a serious criminal offence against a person, in Australia or any country, you will disclose such information to Support Workers before booking Support Services.
8. If you are reserving a service as a representative of the customer, you represent, warrant, and agree that such person has given you permission to act on their behalf
9. You may request Support Workers to undertake a NDIS worker screening check, at the Support Worker’s cost, or request a Support Worker to provide documentation to show that they have obtained a NDIS worker screening clearance for the relevant Support Services, and to link this to you on the relevant systems.

V. SUPPORT WORKER WARRANTIES AND RESPONSIBILITIES

1. You warrant that you possess the valid working authorizations needed to perform your services in Australia and that the data you submitted is truthful, accurate, and complete, including any data you provided when you registered as a Support Worker
2. You commit to always act in a way that does not harm either your or our reputation and you understand that you are a Service Provider within the NDIS.
3. With respect to your use of the Platform, you must not

a. disclose your login information or password to anyone else;
b. use the Platform in a manner that violates applicable laws, violates our or others’ intellectual property or other rights, or is fraudulent, obscene, unprofessional, offensive, misleading, or defamatory.
c. pretend to be someone else;
d. alter, reproduce, display, publish, distribute, copy, transmit, perform, licence, create derivative works from, transfer, sell, or resell any information, content, software, or materials made accessible through our Platform, unless expressly permitted by this Agreement;
e. engage in any deceptive or misleading behaviour, as well as any other behaviour that would be against the Australian Consumer Law.

4. You must follow all applicable laws, rules, and regulations when delivering Support Services, including but not limited to the NDIS Act, the NDIS Code of Conduct, other NDIS policies, the National Code of Conduct for Health Care Workers, and other privacy requirements.
5. Your account may be suspended or terminated if you don’t abide by the Terms. Any behaviour that violates these Terms may be brought up, and we will do our best to rectify it
6. You agree to follow government-directed policies and recommendations for health, wellbeing, and the prevention and control of infections. You acknowledge that it is your obligation to ensure that any other people you engage with for support services, as well as yourself, abide by these standards.
7. During and for a period of 12 months following when you cease being a Support Worker, you must not directly or indirectly establish or operate a business which is in the same business as us or which offers a service that is substantively similar to that offered by us
8. You have never been subjected to any legal action, or restraining order in Australia or any other country, or been arrested for, charged with, or convicted of any type of criminal offence, or been required to register as a sex offender in any jurisdiction or register with any government entity. If your criminal status changes at any time, you shall notify us promptly and cease providing any Support Services through SSF Services.
9. If you are required by law to obtain a NDIS worker screening check, you will do so at your own expense before providing or continuing to provide Support Services to Clients/Customers.
10.You are solely responsible for determining which Clients/Customers to support and which Support Services to provide, including, but not limited to, the type of work you perform, timing and schedule of work, your work locations, manner, means, methods, and process. You are free to accept or decline Bookings or request changes to Bookings at any time.

VI. RELATIONSHIP BETWEEN CUSTOMERS AND SUPPORT WORKERS

1. As a Customer, you represent, warrant, and agree that:

a. you will take all reasonable and necessary precautions to maintain a safe and healthy environment in the site where Support Services will be provided to the Customer by a Support Worker.
b. you are not running a business or enterprise, and a support worker is not being engaged as your employee.
c. you have made yourselves aware of and will comply with all laws and regulations relating to the engagement of support workers, including any applicable workplace laws and any applicable occupational health and safety policies or procedures. For more information see https://www.fairwork.gov.au/about us/legislation and http://www.safeworkaustralia.gov.au/sites/SWA.

2. As a Support Worker, you represent, warrant, and agree that:

a. you agree to take all necessary precautions for the Customers and everyone else’s safety while rendering the Support Services.
b. you will maintain the privacy of any personal information that you learn about the Customer while providing support services, including any health, medical, and financial information.
ABN: 84632877902
E-Mail: info@ssfservices.com.au
c. there is never any ongoing expectation of offers from a Customer. At no time will a Customer have a future obligation to you to engage you to provide support services, unless they have requested you to do so through an offer on the platform, which you can accept or decline.
d. you are not being hired as an employee by the Customer, and the Customer is not carrying out any business or undertaking. As a result, you are not eligible for any Employee Benefits from the Customer.

VII. BOOKINGS AND SCHEDULING APPOINTMENTS

1. To discuss Support Services, Customers may message a Support Worker. If the Support Worker is willing and able to provide Support Services for the Member, the Customer or Support Worker will, using our Platform, send an Offer to the other Party in connection with the Support Services with details of the Support Service.
2. The Offer can be accepted or declined by the Support Worker or Customer through our Website/App. By accepting the Offer, the Support Worker or Customer acknowledges that they are legally allowed to and capable of engaging in, or supplying, the Support Services as outlined in the Offer, and this constitutes a Booking.
3. Your request for Service is only accepted when you receive a booking confirmation.
4. Each Booking is a unique, individual contract between Customers and Support Workers, and each Booking’s term expires when it is fulfilled. If a Booking is configured with repeat occurrences, each distinct Booking will ABN: 84632877902 E-Mail: info@ssfservices.com.au constitute a separate contract between the Customer and the Support Worker
5. For approved bookings, an invoice will be sent to the Customer or to the Customers representative, and the booking will be processed for payment to the support worker.

VIII. FEES AND PAYMENTS

1. Registration for an account on the platform is free. Only approved bookings will be billed to a client. We will invoice and collect support fees on behalf of the support worker.
2. If payments are not received on time, SSF maintains the right to cancel an ongoing or future appointment.
3. If you fail to make a payment, your account may be suspended and SSF may charge a non-payment fee as required by this agreement.
4. To process bank account information and payments, SSF may employ third-party payment processing services. SSF expressly disclaims any and all liability for any claims or damages related to our use of third-party payment processing services and such transfers, including without limitation, any damage that may result should any such information be released to any third parties.
5. SSF reserves the right, at any time, to amend its fees and/or billing methods as notified on the Website/App.
6. Each Support Worker and each Customer is solely responsible for the accuracy of the bank account or credit card details they provide to SSF. SSF is not liable for any funds incorrectly deposited or not deposited due ABN: 84632877902 E-Mail: info@ssfservices.com.au to inaccurate or incomplete bank details or credit card details provided by a Support Worker and/or Customer.

IX. INSURANCE

1. For Support Workers providing support services, SSF will facilitate the benefit of Workers Compensation Insurance. Workers’ compensation provides medical expenses, lost wages, and rehabilitation costs to Support Workers who are injured or become ill “in the course and scope” of their job
2. The terms of this clause, and the insurances made available to Support Workers via their use of the Platform or providing services, will not apply to Customers.
3. For customers availing services, SSF will facilitate the benefit of Public Liability and Professional Indemnity Insurance. It shall be to the extent of $ 20 million AUD and $ 10 million AUD with respect to public liability and professional indemnity insurance respectively. This insurance covers injury or damage compensation claims filed by customers due to Support Workers’ negligence or breach of duty in the performance of professional services, resulting in harm, damage, or loss to the client.

X. INTELLECTUAL PROPERTY RIGHTS

1. All the intellectual property used on our Platform by service providers or any third party shall remain the property of SSF Services Pty Ltd, service provider or any other third party as the case may be.
2. Unless otherwise stated, we own or have a license to all of the rights, titles, and interests in our Platform and all SSF material, including any ABN: 84632877902 E-Mail: info@ssfservices.com.au industrial or intellectual property rights related to such property (collectively, “Intellectual Property Rights”). You agree not to circumvent, disable, or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the website or the materials therein.
3. The information on our Platform or elsewhere may not be altered, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or communicated in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means.

XI. LIABILITY

1. LIMITATION ON LIABILITY
Regardless of the contrary, and to the maximum extent permitted by law:
a. Under any statute, including contract, equity, tort (including negligence), indemnity, or otherwise, we will not be held responsible for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, or loss or corruption of data.
b. Any liability arising from these terms shall be proportionately reduced to the extent that it was brought on by your (or your staff’s) actions or omissions.
c. Our total liability arising from or in connection with these Terms will be limited to us resupplying the SSF Services to you or, in our sole discretion, to us refunding you the amount of the service fee you ABN: 84632877902 E-Mail: info@ssfservices.com.au paid to us in relation to the supply of the SSF Services to which the Liability relates.
2. EXCLUSIONS TO LIABILITY
Notwithstanding anything to the contrary, we will not be liable for any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgement (whether arising under statute, contract, equity, tort (including negligence), indemnity, or otherwise), whether directly or indirectly, arising from or connected with:
a. the use or outcome of any background or verification checks conducted on Support Workers;
b. you or your personnel’s acts or omissions;
c. the use or application of the SSF Services by anyone other than you, or in any way not contemplated by these terms;
d. any failure by a customer to pay the support fee; and/or
e. any occurrence beyond our reasonable control.
3. Any action you initiate or intend to commence regarding, originating from, or in any way connected to, either directly or indirectly, these Terms may be barred by pleading these terms as a remedy.
XII. INDEMNITY
You undertake to indemnify SSF, its employees, and agents from and against any and all claims, losses, costs, or liabilities that may arise due to personal injury, death, loss of or damage to property, infringement of rights, and associated costs, that may arise as a result of:
1. any violation of the terms of service by you; and
2. any violation of the law, negligence, or infringement of any third party’s rights by you.

XIII. TERMINATION

1. If you violate any of the terms and conditions of SSF at any time, or if we have a reasonable suspicion that you have violated this agreement or will violate it, we reserve the right to suspend or terminate your use of our Platform. Any claims or damages resulting from any termination, suspension, or other measures we take in conjunction with such termination or suspension shall not subject us to liability to you or any third party.
2. You may terminate your account and these Terms at any time by emailing SSF with the specific command to cancel and deactivate your account.
3. Suspension or termination of your account will in no way modify, change, or void any payment obligations you may have incurred through your use of the Platform and/or any Services, whether such obligation is to SSF or a third party.
4. Upon termination, we will deactivate your account and remove your access to our Platform, cease providing the SSF Services, no refunds will be given for any payments made to us, and unless otherwise agreed, all unfulfilled bookings shall be cancelled.
5. Support Worker can cancel bookings but has to use their best endeavors to give at least 12 hours’ notice to the client, through a message. SSF will try to find a replacement, although we cannot confirm that we can find a replacement within the booking period, and we encourage the client to search for other support workers. If the support worker is found to make continuous cancellations, he will be terminated from the platform

XIV. DISPUTE RESOLUTION

1. Any disputes arising out of or in connection with the Support Services received by a Customer must be resolved directly between the Customer and the Support Worker in good faith and settle the dispute promptly and fairly. If a dispute cannot be settled, there may be grounds for suspension or termination.
2. You agree that SSF may, but is not obligated to provide any dispute assistance and that no agreements or outcomes of any dispute resolution will waive your obligations in these terms. If we do provide assistance, our aim will be to resolve the dispute efficiently and fairly for both parties.
3. For any claim against SSF Services:
a. either party may elect to resolve the dispute in a cost-effective manner through a binding non-appearance-based mediation
b. in the event of an unsuccessful mediation, and in circumstances where both parties to any dispute agree in writing, arbitration may be initiated through an established Alternative Dispute Resolution (ADR) provider in New South Wales Australia, which is to be selected by you from a panel of established ADR providers that SSF will provide to you.
4. The Australian Consumer Law (ACL) may provide you rights, warranties, guarantees, and remedies pertaining to the platform that cannot be excluded, restricted, or amended. If the ACL applies to you, nothing in these terms excludes your Statutory Rights as a consumer for our failure to meet a consumer guarantee under the ACL. As a Customer, you may also have Statutory Rights against a Support Worker. To the extent permitted by the ACL and any other applicable legislation, we limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the supply of SSF Services again; or the payment of the cost of having the SSF Services supplied again.

XV. THIRD PARTY LINKS AND COOKIES

1. Links to third-party websites or applications, including Google Maps and Zoom, may be found within the SSF Platform. SSF disclaims responsibility for the information found on external websites and applications. You agree that using our Platform to access third-party websites is at your own discretion and risk.
2. When you access and use our Platform, you acknowledge that it uses cookies and automatically collects log data and device information. You give SSF permission to use cookies and collect data in accordance with our Privacy Policy and accepting these Terms of Use.

XVI. NOTICES

Any notice given under these Terms must be in writing by email. The notice will be deemed to be served on the time of transmission of the email, unless a Party can show that the email was not transmitted directly (e.g., if an email was received in a spam or junk folder). If you unsubscribe from our emails, you agree that you may miss notifications regarding a change of our Terms, however, your continued use of SSF will be considered acceptance of the amended terms on our Platform.

XVII. FORCE MAJEURE

We shall not be responsible for any delay or failure in performance due to events beyond our reasonable control, including, but not limited to, failure of the internet, computer equipment, telecommunication equipment, other equipment, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, explosions, or other disasters.

XVIII. FEEDBACK AND COMPLAINTS

If you have any comments or complaints concerning our Platform or your experience as a Customer/ Support Worker, please send them to us via email at info@ssfservices.com.au By using the Platform and posting feedback (including a review), you grant us an unrestricted, worldwide, royalty-free, sub-licensable license to use, reproduce, publish, communicate to the public, adapt your user feedback posted on the platform for the purpose of publishing that user feedback on the site and as otherwise permitted by this agreement.

XIX. UPDATES TO THESE TERMS OF USE

These Terms of Use are subject to change at any time. If we make changes, we will take reasonable steps to let you know about the changes. If you use our Platform after any changes to these terms, you are deemed to have agreed to comply with the modified terms and conditions. You have the option of terminating your account with us if you disagree with any changes to the terms and/or conditions.

XX. CONTACT US

For any questions or queries, please contact:
SSF Services Pty Ltd
Email: info@ssfservices.com.au
ABN 8463287790

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Southern Support Family acknowledges Aboriginal and Torres Strait Islander people as the Traditional Custodians of the land and acknowledges and pays respect to their Elders, past and present.