Terms of Service
The terms on which Silver Wren Supports Pty Ltd provides this website and its support services, read together with your individual service agreement.
1. Who these terms apply to
These terms govern your use of the website at silverwrensupportstec.site and, together with any individual service agreement, the supports provided by Silver Wren Supports Pty Ltd (ABN 98 701 299 005, ACN 701 299 005) of Victoria (VIC) 3331, Australia (we, us, our).
By using this website you agree to these terms. If you do not agree with them, please do not use the site. If you receive support from us, your signed service agreement sets out the specific supports, days, hours and fees that apply to you, and prevails over these terms to the extent of any inconsistency.
2. Information on this website
The content of this website is general information about the supports we offer. It is not clinical, medical, legal or financial advice, and it does not take account of anyone's particular circumstances. You should not rely on it as a substitute for advice from a qualified professional who knows your situation.
We take reasonable care to keep the information here accurate and current, but service availability, coverage areas and fees change. Nothing on this website is an offer capable of acceptance, and no support arrangement exists until we have agreed it with you in writing.
3. Engaging our services
Support commences only after we have completed an intake conversation and both parties have signed a service agreement recording the supports to be delivered, the schedule, the fees and any conditions. Before that agreement is signed you are under no obligation to proceed.
You agree to give us accurate and complete information about support needs, health conditions, medications, risks and access requirements, and to tell us promptly if any of it changes. We rely on that information to deliver support safely; incomplete or inaccurate information may prevent us from doing so.
4. Your responsibilities
- Provide a safe working environment for our workers in your home, including reasonable steps regarding hazards, animals, smoking and infection control.
- Treat our workers with respect. We do not tolerate violence, threats, harassment or discrimination toward our people, and we may suspend or end support where it occurs.
- Give as much notice as reasonably possible when you need to change or cancel a scheduled shift. Cancellation notice periods and any applicable cancellation fee are set out in your service agreement.
- Pay invoices in accordance with the payment terms in your service agreement.
5. Fees, invoicing and cancellation
Fees are those set out in your service agreement. Where a fee is regulated by a funding body or price guide, we charge no more than the applicable rate. We will give you reasonable written notice of any change to fees, and you may end the agreement if you do not accept a change.
Invoices are payable by the date shown on the invoice. Cancellation and short-notice provisions, including any charge for a shift cancelled inside the agreed notice period, are set out in your service agreement and are applied fairly and consistently.
6. Consumer guarantees under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Among other things, services must be supplied with due care and skill, be fit for any purpose you told us about, and be supplied within a reasonable time.
Your rights are not limited by these terms
If we fail to meet a consumer guarantee, you are entitled to a remedy under the Australian Consumer Law — which may include having the service supplied again or receiving a refund — and to compensation for any other reasonably foreseeable loss or damage. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.
7. Limitation of liability
Subject to clause 6, and to the maximum extent permitted by law:
- we exclude all conditions, warranties and representations that are not expressly set out in these terms or your service agreement;
- we are not liable for indirect, special or consequential loss, or for loss of profit, revenue, opportunity or data, however arising;
- we are not liable for loss or damage caused by information you gave us that was inaccurate or incomplete, by your failure to follow professional advice, or by the acts or omissions of third parties we do not control; and
- where our liability may lawfully be limited, our liability for services supplied to a consumer is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
8. Website availability
We provide this website on an "as is" basis and do not warrant that it will be uninterrupted or free of errors. We may change, suspend or withdraw any part of it without notice. You must not attempt to gain unauthorised access to the site or use it in a way that damages, disables or impairs it.
9. Intellectual property
All content on this website — including text, page layouts, graphics, illustrations, the Silver Wren Supports name and logo, and the underlying code — is owned by or licensed to Silver Wren Supports Pty Ltd and is protected by the Copyright Act 1968 (Cth) and other applicable laws.
You may view, download and print pages from this site for your own personal or internal business use. You must not otherwise reproduce, adapt, republish, distribute or commercially exploit any part of it without our prior written permission. Our business name and logo must not be used in a way that suggests an association, endorsement or partnership that does not exist.
10. Privacy
Personal information collected through this website or in the course of providing support is handled in accordance with our privacy policy and the Privacy Act 1988 (Cth).
11. Termination
You may end your service agreement by giving us the notice period stated in that agreement, or immediately by agreement between us.
We may end or suspend support by giving you the notice stated in your service agreement, and we will assist with a reasonable transition to another provider where we can. We may suspend or end support immediately, without notice, where there is a serious risk to the health or safety of any person, where violence or threats are directed at our workers, where you seriously breach your service agreement, or where we are required to do so by law.
We may also terminate or restrict your access to this website if you breach these terms. Clauses relating to intellectual property, liability, privacy and governing law survive termination.
12. Complaints and dispute resolution
If you are unhappy with any aspect of our service, please raise it with us first at ceo@silverwrensupportstec.site. We will acknowledge your complaint, investigate it and respond in writing, ordinarily within 30 days. Raising a complaint will not affect the support you receive. If a dispute cannot be resolved directly, both parties agree to consider mediation in Victoria before commencing proceedings. Nothing in this clause prevents either party from seeking urgent relief from a court.
13. Governing law and jurisdiction
These terms and any service agreement with us are governed by the laws of the State of Victoria (VIC), Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.
14. General
If any provision of these terms is found to be invalid or unenforceable, it is severed and the remaining provisions continue in force. A failure by us to enforce a provision is not a waiver of it. We may update these terms from time to time; the version published on this page applies from the date it is posted, and material changes affecting people we support will also be notified directly.
15. Contact
Questions about these terms should be sent to ceo@silverwrensupportstec.site, addressed to Silver Wren Supports Pty Ltd, ABN 98 701 299 005, ACN 701 299 005, Victoria (VIC) 3331, Australia.
Want these terms explained plainly?
Ask and we will walk you through the service agreement line by line before you sign anything.