Terms And Conditions

The terms and conditions which govern your use of the Real Support Choices platform (Real Support Choices App) made available through our website (realsupportchoices.com.au) are set out below.

These Terms of Use (“Terms”) govern the access or use by you, an individual, from within Australia of any of applications, websites, content, products, and services (the “Services”) made available by Real Support Choices App is provided by Real Support Choices Pty. Ltd. (ACN 165 177 177 a proprietary  limited  company established in Australia (“RSC”).

How do you agree to these terms and conditions?

In order to use the Real Support Choices App you must become a registered user by completing the registration process. In doing so, you agree to comply with these terms and conditions.

It is important that you read and understand them. If you do not agree to comply with these terms and conditions, please exit here www.realsupportchoices.com.au. If you exit you will not be allowed to use the Real Support Choices App.

If you agree to comply, you agree that nothing in these terms and conditions is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other user. We cannot bind each other in any way.

What are your responsibilities?

You promise that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You cannot transfer your registration to another user.

You are solely responsible for maintaining the security of your account and any use of the Platform/App that occurs in conjunction with your username and password.

You must keep your password secure and not let any other person use your username or password. If you realise there is any unauthorised use of your password or any breach of security you need to let us know immediately.

You must comply with any acceptable use or other policy published by us on the Platform/App.

You must not:

  • attempt to gain unauthorised access to computer systems or content through the Platform/App;
  • use a false email address, impersonate others or misrepresent your affiliation with others;
  • interrupt or attempt to negatively impact or alter the operation of the Platform/App in any way;
  • use the Platform/App or any of the materials made available through the Platform/App in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory; or
  • modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or resell any information, content, software, or materials obtained from or made available through the Platform/App, other than in accordance with these terms and conditions.

INTRODUCTION

REAL SUPPORT CHOICES AND THE PLATFORM/APP

RSC is an online platform that enables people with disability to find, hire and manage their support workers. Through our safe and secure digital platform, Participants (or their Account Managers) and Home Care and Support Workers are able to register an Account, create Profiles, search for one another, make contact, and arrange Bookings.

1. DEFINITIONS AND INTERPRETATION

“Account” “means an active personal user account within the RSCTP.

“Aged Care and Disability Work Hub” means the website operated by CTB Group that allows the Contractor to access various services provided by RSC and administered by CTB Group.

“Brokerage Document” means a document that is prepared by a Participant on termination of a Participant’s Account. The document arranges for the current provider to work with the new provider in order to ensure that the Participant’s funding and care is continuing during transition to the new provider.

“Care Management Plan” means an authorised and approved individual management plan for each Participant in the NDIS which is an individualised plan that identifies the outcomes the Participant wishes to achieve, the disability supports that will be funded by the NDIS and other supports the Participant requires.

“Care Payment” means the shift rate amounts published by the NDIS care price guide as set by and published by the NDIS from time to time for the period of time that the Contractor performs the contract work. (i.e. 4 hours at $40.00 = $160.00)

“Contractor” is the person who provides the contractor work.

“Contractor Payment” means the Care Payment less the Contractor Subscription Fee.

“Contractor Subscription Fee” means the RSCTP, and ongoing advice given to a Contractor.

“Cookie or Cookies” means an electronic file which is placed on your computer automatically to retain your preferences for this site.

“Coordinated Universal Time” is the standard time commonly used across the world.

“CTB Group” means CTB Group Pty Ltd ACN 604 162 218 (“CTB Group”).

“Monthly Subscription Payment” means the monthly subscription amount payable by Self Managing Participants.

“NDIS” means National Disability Insurance Scheme.

“Participant” means a person who has engaged us to facilitate the Contract to provide the contract work and has an authorised care management plan with the NDIS.

“Real Support Choices Technology Platform” referred to as (“RSCTP”) means the web platform that is accessed by the Contractor and Participant to allow them to manage rostering, and scheduling of the provision of contract work and various other services provided by us including automatic payment system for Participants and Contractors including reporting for a Contractor and Participant.

“Self Managing Participant”  means a person who registers with us to use our Real Support Choices Technology Platform (RSCTP) to allow them to employ their own carers, manage rostering, pay carers, PAYG withholding, superannuation and insurance and various other services provided by us.

“Services” means the services provided by us.

“System” means Real Support Choices system including RSCTP operated by us which allows Contractors and Participants to access various services provided by us.

“Third Party Provider” means a provider other than those owned by us.

“This site” means the equipment, programs, services and systems provided by us or our service providers to allow you to use the online services and access the information provided by us and our service providers.

“Use of this site” means your use of all online services and your access to all information provided on this site by us and our service providers.

“We”, “we”, “us”, “RSC” and “our” means Real Support Choices Pty Ltd ACN 165 177 177.

“You” “you”, and “your” means the person or legal entity or entities using this site.

2. TERMS OF AGREEMENT

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and us. If you do not agree to these Terms, you cannot access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. We may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

We have the right to change, amend or discontinue these Terms or any feature of this site at any time without reference to you. It is your responsibility to ensure you are aware of any changes to these Terms each time you visit this site. These Terms are in addition to and inclusive of any other terms that may apply to you and all other technology or infrastructure used in conjunction, and its use (both online and offline), which may be issued by us from time to time or any other separate agreement that we may have with you.

Supplemental terms may apply to certain Services, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

We may amend the Terms related to the Services from time to time. Amendments will be effective upon us posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Services. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

If there is any inconsistency between these Terms, then these Terms will prevail to the extent of the inconsistency.

In using this platform, you acknowledge and agree:

  • to recognise the electronic record of the transaction as made by us;
  • you may be required to indicate your acceptance and approval of information contained in any forms you submit online; and
  • we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form.

3. MINIMUM SYSTEM REQUIREMENTS

When you access a secure part of this platform, your transaction across the internet is protected by encryption. We use an industry standard encryption for secure transactions. If your browser does not support the protected platform, you will not be able to access these services.

4. THE SERVICES

The Services constitute a technology platform that enables users of our website or mobile applications provided as part of the Services (each, an “Application”) to arrange and schedule personal care services with independent Contractors of such services under agreement with us or our affiliates (“Third Party Providers”). Unless otherwise agreed by us in a separate written agreement with you, the Services are made available solely for your use. You acknowledge that we do not provide personal care services and that all such personal care services are provided by independent Contractors who are not employed by us.

5. LICENSE

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by us and our licensors.

6. RESTRICTIONS

You may not:

  1. remove any copyright, trademark or other proprietary notices from any portion of the Services;
  2. reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us;
  3. decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
  4. link to, mirror or frame any portion of the Services;
  5. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
  6. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

7. PROVISION OF THE SERVICES

You acknowledge that portions of the Services may be made available under our various brands or other options associated with care services. You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

(i)  our subsidiaries and affiliates; or

(ii) Contractors and Participants.

8. THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third party services and content (including advertising) that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. We do not endorse such third party services and content and in no event shall we be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

9. OWNERSHIP

The Services and all rights therein are and shall remain our property or the property of our licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:

(i) in or related to the Services except for the limited license granted above; or

(ii) to use or reference in any manner our company names, logos, product and service names, trademarks or services marks or those of our licensors.

10. USER ACCOUNTS

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to us certain personal information, such as your name, address, bank account details and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or our termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by us in writing, you may only possess one Account.

11. TERMINATION

11.1 Termination by the Contractor

  1. If a Contractor wishes to terminate its Account with us the Contractor must give thirty (30) days’ notice to terminate its Account and provide the relevant documentation required by us within that time. We will ensure that the Contractor’s Account is up-to-date and all payments and System updates have been completed before we agree to terminate the Contractor’s Account.
  2. The Contractor is required after giving notice to the Company to also give notice to the Participants to whom it provides contract work.

11.2   Termination by the Participant

If the Participant wishes to terminate its Account with us, the Participant will be required to provide thirty (30) days’ notice. We will ensure that the Participant’s Account is up-to-date and all payments and System updated have been completed before we terminate the Participant’s Account.  The Participant will be required to provide to us a Brokerage Document with a new provider before we will agree to terminate the Participant’s Account.

11.3 Termination by Self Managing Participant

If the Self Managing Participant wishes to terminate its Account with us, the Self Managing Participant will be required to provide thirty (30) days’ notice. We will ensure that the Self Managing Participant’s Account is up-to-date and all payments and System updates have been completed before we terminate the Self Managing Participant’s Account.

11.4 Termination by Real Support Choices

If the Contractor, Participant or Self Managing Participant are in default of payments with RSC, we reserve the right to de-activate their access to the RSCTP.

12. USER REQUIREMENTS AND CONDUCT

You may not authorise third parties to use your Account, except for an authorised representative, guardian or lawful attorney (where applicable) the details of which must be provided to us. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Contractor, Participant or us, or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

Where you have granted access to your Account to an authorised representative, guardian or lawful attorney, the authorised representative, guardian or lawful attorney will be bound by these same Terms.

13. TEXT MESSAGING

By creating an Account, you agree that we may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

14. USER PROVIDED CONTENT

We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

(i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and

(ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

15. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications, or carrier. We are not responsible or liable for any malfunctions, delays, or drop outs in the use of the Services as a result of any cause whatsoever.

16.  CARE PAYMENT BY PARTICIPANT

The Participant acknowledges that the use of the Services will result in a Care Payment being made by the Participant for the services the Participant receives from a Contractor (“Care Payment”).  After the Participant has received Services, we will facilitate payment from the Participant’s account for the applicable Care Payment on behalf of the Contractor. Payment of the Care Payment in such manner shall be considered the same as payment made directly by the Participant to the Contractor. A Care Payment will be inclusive of applicable taxes where required by law. A Care Payment paid by the Participant is final and non-refundable, unless otherwise determined by us. A Care Payment is based upon the NDIS price guide as amended and updated from time to time by the NDIS. A Care Payment is due immediately upon the Services being completed and payment will be facilitated by us using the preferred payment method designated in the Participant’s Account, after which the payment will be logged on the online statement as a debit to the Participant’s Account. If the Participants primary bank account payment method is determined to be expired, invalid or otherwise not able to be charged, the Participant agrees that we may use a secondary payment method in the Participants Account, if available.

As between the Participant and us, we reserve the right to establish, remove and/or revise a Care Payment pursuant to the NDIS Schedule of payments for any or all services obtained through the use of the Services at any time in our sole discretion.

We will use reasonable efforts to inform the Participant of any Care Payment changes that may apply, provided that the Participant will be responsible for the Care Payment incurred under the Participant’s Account regardless of the Participants awareness of such changes or the amounts thereof. The Participant may elect to cancel its request for services from a Contractor at any time prior to such Contractor’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Contractor for the services provided.

Care Payment by Self Managing Participant

The Self Managing Participant acknowledges that the use of the Services will result in a Monthly Subscription Payment being paid to us by the Self Managing Participant for the services.  As the Self Managing Participant uses the Services, we will provide weekly the payroll information required to pay carers from  the Self Managing Participant’s bank account. In addition, each quarter, we will provide the quarterly PAYG Withholding and superannuation information allowing payment by the Self Managing Participant.

17. ADMINISTRATION CHARGES TO THE PARTICIPANT

In the event that a Participant causes further work for us in order to rectify an issue on the System that requires a system administrator to rectify the issue, we reserve our rights to charge the Participant a fee of $30.00 (“Administration Fee”).

18. INCORRECT PAYMENTS

In the event that a Care Payment needs to be reversed, and if a bank fee is applied, the Participant will be responsible for the payment of the bank fee. We are not liable for incorrect payments or disbursements from bank accounts.

19. PAYMENT TO CONTRACTOR

The Contractor acknowledges that providing the services will result in it receiving a Contractor Payment for the services it provides. After the Contractor has provided services, we will facilitate the Participant’s payment on the Contractor’s behalf. We will retain a Contractor Subscription Fee for the use of the System and Hub. Each week, a Recipient Created Tax Invoice” (RCTI) will be prepared and made available on the System. The RCTI will list all payments being made for a week closing off at 5:00pm on a Tuesday (AEST). The Contractor Payment will be made overnight every Thursday. The Contractor will receive an SMS to advise that the RCTI is available on the System. The RCTI will be in a pdf form and available to download from the System.

Payment to the Contractor in such manner shall be considered the same as payment made directly by the Participant to the Contractor. Contractor Subscription Fees will be inclusive of applicable taxes where required by law. Contractor Payments paid to the Contractor are final and non-refundable, unless otherwise determined by us. All Contractor Subscription Fees are set by us as amended and updated from time to time. All Contractor Subscription Fees are due immediately upon the Services being completed and payment will be facilitated by us prior to the remainder Care Payment being provided to the Contractor on a weekly basis. If the Contractor’s primary bank account payment method is determined to be expired, invalid or otherwise not able to be charged, the Contractor agrees that we may use a secondary payment method to make payment into the Contractor’s Account, if available.

As between the Contractor and us, we reserve the right to establish, remove and/or revise Contractor Subscription Fee for any or all services obtained through the use of the Services at any time in our sole discretion. We will use reasonable efforts to inform the Contractor of additional fees that may apply, provided that the Contractor will be responsible for the additional fees incurred under the Contractor’s account regardless of the Contractors awareness of such additional fees or the amounts thereof. The Contractor may elect to cancel providing services to the Participant at any time prior to arrival at the residence of the Participant, in which case you may be charged a cancellation fee.

20. CONTRACTOR SUBSCRIPTION FEE

The Contractor will incur a fee for the use of the Aged Care and Disability Work Hub. The Contractor Subscription Fee will be retained by us from the Care Payment before payment of the Contractor Payment is made. As between the Contractor and us, we reserves the right to establish, remove and/or revise the Contractor Subscription Fee for any or all services obtained through the use of the Services, the RSCTP and ongoing advice given to a Contractor, at any time in our sole discretion.

21. REPAIR OR CLEANING FEES

The Contractor shall be responsible for the cost of repair for damage to, or necessary cleaning of its vehicles and property in providing the services to the Participant. In the event that a Contractor reports the need for additional repair or cleaning, due to unusual circumstances and such repair or cleaning request is verified by us in our reasonable discretion, we reserve the right to facilitate payment for the reasonable cost of such repair or cleaning on behalf of the Contractor using your payment method designated in the Participants Account. Such amounts will be transferred by us to the applicable Contractor and are non-refundable.

22. RECORD KEEPING

We are not responsible or liable for your record keeping. We provide electronic reports for you, whether a Contractor or Participant, to keep adequate records for government requirements. You must keep your own adequate records that meet industry standards, government and legislative requirements.

23. INTELLECTUAL PROPERTY AND COPYRIGHT

Claims of copyright infringement should be sent to our designated agent, Ferguson Cannon Lawyers (“FCL”). Please visit FCL’s web page at www.fclawyers.com.au for the address and contact information.

Unless otherwise noted, all copyright material available on or through this website is licensed from the owner of the copyright material.

You are free to use copyright material available on or through this website in line with the licence terms. You must keep the copyright notice on the copyright material and attribute us as the source of the copyright material.

Material may be licensed under a specified licence, which then governs its use. The use of other material, including logo and trade mark protected material is not governed by the licences.

24. LINKED MATERIAL AVAILABLE ON OTHER WEBSITES

A user of this website who uses the links provided to other websites and materials available on or through there, acknowledges and agrees that the terms of use, including licence terms, set out on the other party’s website, may apply to the use of those materials.

25. USE OF THIS SITE

This site is made available only for your personal information. As a user of this site, you agree not to use this site’s data to provide or facilitate direct online access to any other person. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

26. YOUR PERSONAL INFORMATION

Our collection, use, storage and disclosure of your personal information in connection with your access to, and use of the Platform is governed by our Privacy Policy.

We collect and manage your personal information as described on this page, unless stated otherwise. ‘Personal information’ may include your name, address, phone number, email address, age, gender, and your position title.

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located on this website. We may provide to a claims processor or an insurer any necessary information if there is a complaint, dispute or conflict, which may include an accident, involving you and such information or data is necessary to resolve the complaint, dispute or conflict.

No attempt will be made to identify users or their browsing activities except in the unlikely event of an investigation, where a law enforcement agency may request inspection of the activity logs, through appropriate legal processes.

If you give your personal information to us for us to provide a service to you, you authorise us to use that personal information as necessary to provide the service to you, including in conjunction with other personal information you have provided to us.

27. YOUR EMAILS

If you choose to supply an email address and/or mobile phone/SMS device number, you consent to the use of that information for the purposes for which you provided it including:

  • issuing you with an online access code
  • responding to your enquiries
  • processing your transaction
  • sending you information, notices, reminders or updates

Email messages may be monitored by our web team for system troubleshooting and maintenance purposes.

Your name and address details will not be disclosed to a third party without your consent unless required or authorised to do so by law.

28. WARRANTIES AND REPRESENTATIONS

We do not warrant or make any representations and exclude, to the maximum extent permitted by law, all liability as to the following:

  • that your system will meet the minimum requirements (as apply from time to time) to enable your use of this site;
  • in relation to the speed of transmission data;
  • that your use of this site will be uninterrupted;
  • that material or services in this site are appropriate or available for use in countries outside Australia; or in relation to, or endorse, the quality or appropriateness of any other website which you may access through this site;
  • We will not be liable to you or third parties for:
    • your system’s incapacity in using this site;
    • interruptions or delays to the service whether beyond our control or not;
    • any non-compliance with foreign and local laws if you use this site outside Australia;
    • your use of other websites which you may access through this site including in relation; to contracting viruses, worms, Trojan horses and other items of a destructive nature.

29. INDEMNITY

You agree to and do hereby fully indemnify us and our officers, employees, agents and contractors (including sub-contractors) (‘those indemnified’) from and against all actions, proceedings, claims demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which:

  • may be brought against or made upon those indemnified; and
  • those indemnified may incur on their own behalf or sustain as a result of a third party claim, arising out of or as a consequence of:
    • your use of this site;
    • your use of the Services, or services or goods obtained through your use of the Services
    • any breach of these Terms by you;
    • our use of your user content;
    • any wilful, unlawful, or negligent act or omission by you relating in any way to this site. You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

30. DISCLAIMER

The Services are provided “as is” and “as available.” We disclaim all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

31. LIMITATION OF LIABILITY

We shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any third party provider, even if we have been advised of the possibility of such damages. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

32. THIRD PARTY LINKS AND COOKIES

The Platform may contain links to third party websites which are not under the control of Real Support Choices. Real Support Choices is not responsible for the content on the third party websites. You acknowledge that you enter third party websites from the Platform at your own risk.

You acknowledge that the Platform uses cookies and automatically collects log data and device information when you access and use the Platform. By accessing the Platform and agreeing to these Terms, you consent to Real Support Choices use of cookies and collection of data in accordance with the terms of our Privacy Policy.

33. SECURITY

We will use all reasonable endeavours to ensure that your information is not corrupted or changed.

We are responsible for the security of information while it is collected by, stored on or passing through the system

You are responsible for:

  • protecting your computer with anti-virus, anti-spyware, firewall and anti-spam software, and keeping this software current
  • not opening links in emails or attachments if you do not know the sender or are not expecting an email from the system
  • only downloading files from trusted internet sites.

This site does not provide facilities for securely transmitting information across the internet. We recognise that there can be risks with transmitting information across the internet.

This site contains links to other websites. We are not responsible for the privacy or security practices or the content of such websites.

34. GENERAL

You may not assign or transfer these Terms in whole or in part without our prior written approval. You give your approval to us for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, us or any Third Party Provider as a result of the contract between you and us or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.

35. NOTICE

We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to us by written communication to our address detailed in “Contact Us” on this website..

36. GOVERNING LAW

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.

37. THIS AGREEMENT

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

38.  WAIVER

None of these terms and conditions will be taken to be waived except by written notice signed by you and us.

39. CONTACT US OR FEEDBACK

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40. USER CONFIRMATION

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