WEBSITE | TERMS OF USE
Website Terms & Conditions
Terms governing access to and use of www.the-supper.com.au
WEBSITE SCOPE
These Terms govern browsing, accessing and interacting with The Supper™ website. Customer contracts and the final Fund Documents apply separately where relevant.
CONTRACTING ENTITY
The Supper Operations Co Pty Ltd
ABN / ACN
ABN 51 697 464 314 | ACN 697 464 314
APPLIES TO
Visitors and customers accessing www.the-supper.com.au
WEBSITE
IMPORTANT DISTINCTION
The Website introduces The Supper™ and may allow you to enquire, register, create an account or begin an Order. These Website Terms do not replace the customer contract for a Mobile Service or the separate terms governing the App, a Fund account or an investment feature.
Plain-language summary
This summary helps you understand the Website. It does not replace the detailed terms below.
Topic
What it means
Website use
You may browse and use the Website for lawful personal purposes and to learn about or apply for The Supper™ services.
Product contracts
An Order is governed by the product terms, Plan Schedule and customer documents presented before acceptance.
Investment information
Any financial product information is general only. Fund Documents govern the Fund and investment service.
Privacy
Our Privacy Policy explains how personal information, cookies and analytics are handled.
Support
Use Contact Us on the Website. The Supper™ is your first point of contact and will coordinate any necessary referral.
1. About these Website Terms
1.1 Who operates the Website
The Supper™. The Website is operated by The Supper Operations Co Pty Ltd (ACN 697 464 314, ABN 51 697 464 314). Our registered address is Level 1, 530 Little Collins Street, Melbourne VIC 3000.
Website. In these Terms, Website means www.the-supper.com.au and any authorised page or web interface operated by The Supper™ that links to these Terms.
1.2 Acceptance
Your access to and use of the Website is subject to these Website Terms. If you do not agree, do not use the Website. Browsing the Website does not itself create a Mobile Service, subscription or Fund contract. If you use the Website for another person or organisation, you confirm that you have authority to act for them.
1.3 Other terms may apply
Our Privacy Policy applies to personal information collected through the Website. Specific promotions, competitions or offers may have separate terms displayed with them.
If you create an account, submit an Order or acquire a service, the Mobile App Terms & Conditions, accepted Order, Plan Schedule, Reward Schedule and any other contractual document clearly presented before acceptance may form part of your customer contract. The Critical Information Summary is a pre-sale summary and does not replace or vary that contract. Current Fund Documents and payment authorities separately govern any Fund account or investment transaction.
1.4 Consumer rights
Nothing in these Website Terms excludes, restricts or modifies any guarantee, remedy or right that cannot lawfully be excluded, including under the Australian Consumer Law.
2. Using the Website
2.1 Permitted use
The Supper™ grants you a limited, personal, non-exclusive and non-transferable right to access and use the Website for lawful purposes, including learning about our services, contacting us, managing permitted account functions and submitting an Order. We may restrict or end that right only in accordance with clause 12.2 or applicable law.
2.2 Availability
We aim to keep the Website available and accurate, but do not promise uninterrupted or error-free access. Maintenance, security work, a network outage, third-party failure or another event outside our reasonable control may affect availability.
We may change, withdraw or replace Website content or functionality where reasonably necessary. This does not remove a contractual right already accrued under an accepted Order or service contract.
2.3 Eligibility
You may browse the Website without acquiring a service. Product eligibility, age, residency, coverage, device, identity, fraud, KYC/AML and target-market requirements apply only where relevant to the service you request and will be explained in the applicable customer documents.
2.4 Accessibility
If you have difficulty accessing Website information or need an accessible format, use Contact Us. We will take reasonable steps to provide assistance or an alternative format.
3. Accounts, enquiries and information you provide
3.1 Accurate information
Information you submit must be accurate, complete and current. Do not impersonate another person, use false details or submit information you are not authorised to provide. We may ask for reasonable evidence of identity, authority, address, payment details or account ownership.
3.2 Account security
If the Website allows account access, you must keep login details and authentication methods secure. Tell us promptly if you suspect unauthorised access. We may require re-authentication or temporarily restrict a high-risk action to protect you, The Supper™ or another person.
3.3 Enquiries and registrations
An enquiry, waitlist registration, eligibility check or expression of interest does not itself create a service contract or guarantee availability. We will tell you when an Order has been accepted or a service has been activated.
3.4 Feedback and submissions
If you voluntarily provide non-confidential feedback or suggestions about our services, you give us a non-exclusive, worldwide and royalty-free right to use them to evaluate or improve our services. You retain ownership of any intellectual property you already hold. This clause does not authorise us to use personal information contrary to our Privacy Policy and does not apply to confidential third-party material or unlawful content.
4. Product and service information
CORE PROPOSITION
The Supper™ is an everyday-utilities service beginning with mobile. Investing is an optional or reward-linked feature and is not the underlying mobile product.
4.1 Mobile Service
The Mobile Service is The Supper™’s first core utility product. Current pricing, inclusions, exclusions, billing, minimum term, network information and key limitations are stated in the accepted Order and applicable Plan Schedule. The Critical Information Summary presents the prescribed pre-sale summary before you enter the contract.
4.2 5% Loyalty Reward
Website references to a 5% Loyalty Reward mean a loyalty benefit funded by The Supper™ for an eligible customer after a qualifying mobile bill is successfully paid and cleared. The Reward is not a surcharge, customer deduction, cash rebate or bill credit. Eligibility, calculation, timing and exceptions are governed by the Reward Schedule and relevant customer terms.
4.3 Optional Monthly Boost
Monthly Boost is optional and customer-funded. It is authorised and processed separately under the applicable payment authority and Fund Documents. It is not collected with the mobile bill and is not a loyalty reward.
4.4 Investment information and risk
Any financial product information on the Website is general information only and does not take into account your objectives, financial situation or needs. You should read the current Fund Documents and consider obtaining independent advice before investing.
Fund returns are not guaranteed. Values can rise or fall, fees and costs may apply, and you may receive back less than the amount invested. Your legal interest is in the selected Fund under the Fund
Documents; Website content must not be read as giving you direct ownership of an underlying ETF or security.
4.5 Investment-feature availability
An investment feature is made available only while the necessary written authorisations and appointment arrangements are effective and the responsible Fund parties have issued the current Fund Documents required for that feature. If those conditions are not satisfied, the Website will not accept an investment instruction. The Mobile Service remains separately available and does not require a Fund account.
4.6 Accuracy and changes
We use reasonable care to keep Website product information current. A product, price, promotion, feature or eligibility rule may change or end prospectively. The specific documents presented to you before acceptance govern your Order if Website summary content differs.
5. Orders started through the Website
5.1 Submitting an Order
Submitting an Order is an offer to acquire the selected service. We may accept or decline it on reasonable grounds, including availability, coverage, identity or fraud checks, device compatibility, porting requirements, payment validation or an unpaid amount from an earlier service.
5.2 When the contract starts
A service contract starts when we confirm acceptance or activate the service, whichever occurs first. Before acceptance, we will make the applicable price and customer documents available as required by law.
5.3 Charges and payment
You must pay only the charges shown in the accepted Order, Plan Schedule or another billing term clearly disclosed and accepted before the charge is incurred. The Critical Information Summary summarises those charges but does not create an additional charge. A Mobile Service payment authority is separate from any Cache or Fund payment authority for a Monthly Boost or investment contribution.
5.4 Electronic records
We may provide an Order confirmation, customer documents, notices and payment records electronically using the contact details you provide. You should save a copy. Contact us if you require an accessible alternative.
6. Prohibited conduct
6.1 You must not
You must not use the Website unlawfully, fraudulently or abusively; interfere with its security or operation; introduce malicious code; scrape or harvest data without permission; attempt unauthorised access; misrepresent identity or authority; infringe intellectual property or privacy rights; send spam; or use the Website in a way that materially harms another person or The Supper™.
6.2 Protective action
We may block a request, restrict access, preserve evidence or notify an appropriate authority where reasonably necessary to address fraud, security, safety, unlawful conduct or a material breach. Where practical and lawful, we will use a proportionate response and explain how you can contact us.
7. Intellectual property
7.1 Ownership
The Website, its software, design, text, graphics, logos, trade marks, audio, video and other content are owned by or licensed to The Supper™ and are protected by intellectual-property laws. No ownership transfers to you under these Terms.
7.2 Limited use of content
You may view, download or print a reasonable extract for personal, non-commercial use. You must not reproduce, republish, modify, frame, sell, license, distribute or commercially exploit Website content without our written permission, except where law permits.
7.3 The Supper™ brand
The Supper™ word trade mark application has been accepted by IP Australia under Australian Trade Mark No. 2643611. The Supper™ name, logo and ‘Everyone Gets a Bite’ branding must not be used without our written permission or in a way that suggests endorsement, partnership or authority.
8. Third-party services and links
8.1 External links
The Website may link to another website, app or service for convenience or to provide a service you request. A link does not by itself mean that we endorse all content or accept responsibility for the third party’s separate service. Review its terms and privacy information before use.
8.2 Regulated investment providers
Subject to confirmation in the final Fund Documents and executed appointments, Cache and the responsible Fund parties will provide or administer the regulated investment infrastructure within their confirmed legal roles. The Supper™ provides financial product information or arrangement services only where, and to the extent, authorised in writing by the relevant Australian financial services licensee. The Fund Documents govern Fund eligibility, KYC/AML, applications, unit records, transactions, withdrawals, risks, fees, complaints and disclosures.
8.3 Telecommunications infrastructure
The Supper™ may use telecommunications wholesalers, networks and technology providers to deliver the Mobile Service. The Supper™ remains responsible for its obligations to its retail customer under the applicable customer contract and law.
9. Privacy, cookies and communications
9.1 Personal information
We collect, use, disclose and protect personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, applicable telecommunications privacy requirements and our Privacy Policy. The Privacy Policy explains the information we collect, why we collect it, how it is shared and how you may request access or correction.
9.2 Cookies and analytics
The Website may use essential cookies and, subject to applicable consent requirements, analytics, preference or marketing technologies. Our cookie or privacy notice explains their purposes and available controls. Disabling an essential technology may prevent part of the Website from working.
9.3 Marketing
Marketing consent is separate from accepting these Terms unless law permits a communication without consent. Marketing communications will identify the sender and provide a functional unsubscribe method. Opting out of marketing does not stop necessary service or security messages.
9.4 Service messages
If you create an account or submit an Order, we may send messages reasonably necessary to process your request, protect the account, provide a service or comply with law. Keep your contact details current.
10. Security
10.1 Our safeguards
We use reasonable technical and organisational safeguards appropriate to the information and services involved. No internet transmission or storage system is completely secure, and we do not guarantee that every threat can be prevented.
10.2 Your precautions
Use a secure device and connection, keep software current, protect passwords and authentication methods, and be alert to scams. The Supper™ will not ask you to disclose a complete password. Tell us promptly if you suspect a security incident involving your account.
11. Responsibility and liability
11.1 Non-excludable obligations
Nothing in these Terms excludes or limits liability where law does not permit exclusion or limitation. We are responsible for loss to the extent caused by our breach, negligence, wilful misconduct, misleading conduct or failure to comply with a non-excludable obligation.
11.2 Website information
Website summaries are general and may not contain every term or circumstance relevant to you. Subject to clause 11.1, we are not responsible for a decision based on outdated content after a change has been clearly published, or on third-party content we do not control, where we have used reasonable care.
11.3 Events outside reasonable control
Subject to clause 11.1, we are not responsible for delay or loss caused by an event outside our reasonable control that we could not reasonably avoid or overcome. We will take reasonable steps to restore affected Website functions and reduce avoidable harm.
11.4 Investment outcomes
Market movement, Fund performance and Fund-level fees and costs are governed by the Fund Documents. This does not excuse The Supper™, Cache or a Fund party from responsibility for its own breach, error, misleading conduct or non-excludable obligation.
12. Changes, restriction and ending access
12.1 Changes to these Terms
We may update these Website Terms prospectively for a legitimate legal, regulatory, security, technology, service or business reason. The current version and effective date will be published on the Website. We will not exercise this right arbitrarily, and a change does not retrospectively remove an accrued contractual right or vary an accepted product contract unless that contract permits the change and the required notice and customer options are provided.
12.2 Restricting access
We may restrict or end Website access where reasonably necessary because of a material breach, fraud, unlawful conduct, a security or safety risk, a competent-authority direction or discontinuation of the Website. Ending Website access does not automatically end a separate Mobile Service or Fund interest.
13. Support and complaints
13.1 Contact The Supper™ first
Use Contact Us on the Website for help with Website access, an enquiry, an Order, account navigation, product information or a complaint. The Supper™ is your first point of contact and will coordinate or refer any component that must be handled by a telecommunications provider, Cache or a responsible Fund party.
13.2 Complaints
Making a complaint is free. Tell us the issue, the outcome you seek and any accessibility or urgency needs. We will acknowledge, investigate and respond under the complaints process and timeframes applicable to the relevant service.
13.3 External dispute resolution
An unresolved telecommunications complaint may be taken to the Telecommunications Industry Ombudsman at tio.com.au. A financial-service complaint may be eligible for the Australian Financial Complaints Authority at afca.org.au where stated in the relevant Fund Documents. These services are independent, and their current jurisdiction and procedures apply.
Complaints and external dispute resolution
The Supper Operations Co Pty Ltd is a member of the Telecommunications Industry Ombudsman scheme, member number C5533, for eligible phone-service complaints.
Complaints about the investment component are referred to Cache and the responsible entity, and may be taken to the Australian Financial Complaints Authority (AFCA).
Urgent phone-service complaints. Resolved within 2 working days.
Standard complaints. A proposed resolution within 10 working days, put in place within a further 5 working days.
Investment-related complaints. A written final response within 30 calendar days.
14. General
14.1 Assignment and service providers
We may use service providers to operate the Website and remain responsible for our obligations to you. We may transfer these Terms as part of a genuine business restructure only if your rights are not materially reduced and required notice is provided. A transfer of these Website Terms does not by itself transfer an accepted Mobile Service or Fund contract.
14.2 No waiver and severability
A delay in exercising a right is not a waiver. If a term is illegal, void or unenforceable, it is read down to the minimum extent necessary or severed, and the remaining terms continue where legally possible.
14.3 Governing law
The laws of Victoria, Australia govern these Website Terms. You and The Supper™ submit to the courts of Victoria and courts entitled to hear appeals from them, without limiting any law or forum that applies to you and cannot lawfully be excluded.
Schedule 1 — Key details
Item
Detail
Website operator
The Supper Operations Co Pty Ltd (ACN 697 464 314; ABN 51 697 464 314)
Registered address
Level 1, 530 Little Collins Street, Melbourne VIC 3000
Website
Customer support
Email contact@the-supper.com.au or use Contact Us on the Website.
Complaints
Email contact@the-supper.com.au and state that you are making a complaint; use Contact Us; or write to our registered address.
Financial hardship
Email contact@the-supper.com.au with 'Financial hardship' in the subject line, or use Contact Us.
Safety support
For domestic, family or sexual violence support, email contact@the-supper.com.au or use Contact Us and tell us the safest way and time to contact you.
Privacy
Email contact@the-supper.com.au, use the privacy contact option on the Website, or write to our registered address.
Telecommunications EDR
Telecommunications Industry Ombudsman — tio.com.au
Financial-services EDR
Australian Financial Complaints Authority — afca.org.au, where stated in the Fund Documents
Schedule 2 — Definitions
Defined term
Meaning
App
The Supper™ mobile application governed by the separate Mobile App Terms & Conditions.
Cache
Cache Investment Management Ltd, or a permitted successor, proposed to act in the roles confirmed in the final Fund Documents and executed agreements.
Critical Information Summary
The prescribed pre-sale summary describing key pricing, inclusions and information for a telecommunications product. It does not replace or vary the customer contract.
Fund
The managed investment scheme or other regulated financial product selected by a customer and identified in the Fund Documents.
Fund Documents
The current product disclosure statement, target market determination, application, financial services guide, payment authority and other terms governing the Fund or financial service.
Mobile App Terms
The separate customer terms governing download and use of the App and app-based services.
Mobile Service
The mobile telecommunications service supplied under an accepted Order and Plan Schedule.
Order
A request for a service and the accepted confirmation recording the selected product and customer-specific details.
Website
www.the-supper.com.au and any authorised The Supper™ web interface that links to these Website Terms.
Website Terms
These Website Terms & Conditions.
we, us or The Supper™
The Supper Operations Co Pty Ltd.
you
A person who accesses or uses the Website.