These Terms and Conditions include terms which limit and exclude Upkeep+’s liability for certain types of loss or damage. This means that in the event of a claim by you against Upkeep+, your recourse may be limited.
Upkeep+ is a home maintenance and improvement service (Upkeep+) offered by Insurance Australia Limited ABN 11 000 016 722 trading as Upkeep+ (we, our, us).
From time to time, we may require changes to be made to Upkeep+. For example, to respond to changes in law or other environmental factors. You should review these Terms and Conditions regularly for any changes and your continued use of the Upkeep+ platform, Services, Maintenance Check-up and On-demand Services will be deemed to be your acceptance of the modified Terms and Conditions.
To view the full list of Services and inclusions covered by the Upkeep+ Home Complete subscription plan, see our website at upkeepplus.com.
These terms and conditions (Terms and Conditions) govern your use of the Upkeep+ Home Complete subscription product and related services. By using the Upkeep+ website in connection with an Upkeep+ Home Complete subscription and any associated platforms, channels, products or services, you agree to be bound by these Terms and Conditions.
*Capitalised words used in these Terms and Conditions are defined in the Definitions in section 14.
1.1 Upkeep+ Home Complete subscriptions are available for a 12-month period (Subscription Period) on the following billing plans:
1.2 Current Upkeep+ Home Complete subscription fees can be viewed on our website at upkeepplus.com.
1.3 Each subscription will automatically renew at the end of each Subscription Period at the prevailing price (per clause 1.2 above) unless notified to us via email at support@upkeepplus.com no later than 28 days before the end of the Subscription Period.
1.4 When selecting your subscription plan, please note that the definition of a ‘bedroom’ under an Upkeep+ subscription means a bedroom, study/home office or any other secondary living area such as a media room, rumpus room, sunroom, retreat, second living room or second lounge room. This is to ensure that your subscription inclusions cover these additional rooms. If in doubt, please email us hello@upkeepplus.com or call us at 1800 845 213 prior to purchasing your subscription.
1.5 If you have purchased a subscription plan that covers fewer bedrooms than your property has, we will notify you and update your subscription plan to the correct plan. If you do not wish to update your subscription plan, you can cancel. Please see clause 10 for cancellation details.
2.1 You authorise the Subscription Fee for your Upkeep+ subscription plan and any other charges you may incur in connection with your use of Upkeep+ such as Services, Materials and On-demand Services (including taxes and possible transaction fees), to be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of billing plan that you choose when you sign-up. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your Subscription Period began on a day not contained in a given month. Visit our website and click on the "Billing details" link on the "Account" page to see your next payment date.
2.2 To use the Upkeep+ service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to Upkeep+ until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 We may pre-authorise your Payment Method in anticipation of subscription or Service-related charges (including for Materials and On-demand Services). In some instances, your available balance or credit limit may be reduced to reflect the authorisation.
2.4 You can update your Payment Methods by calling us on 1800 845 213 and selecting option 3 to speak to one of our customer support representatives. Alternatively, email support@upkeepplus.com with your contact details and we will call you directly. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
3.1 In exchange for your payment of the relevant Subscription Fees, you will be entitled to a schedule of Services to be completed by Service Providers at the Nominated Property.
3.2 To view the full list of Services and inclusions covered by the Upkeep+ Home Complete subscription plan, see our website at upkeepplus.com.
3.3 We may change our subscription plans and the price of Upkeep+ from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 28 days following notice to you. If you do not agree to any change made by us, you may terminate the Agreement by providing twenty-one (21) days written notice to us at support@upkeepplus.com.
4.1 Services will be provided at the schedule as stipulated on a Maintenance Plan or as otherwise agreed between you, us and the relevant Service Provider.
4.2 Any unused Services will not be carried over to a subsequent Subscription Period.
4.3 A Service will be deemed to have been used where the relevant Service Provider has been dispatched to the Nominated Property and:
4.4 Where you exhaust the Service entitlement in a Subscription Period or part thereof, no further Services will be available under the Upkeep+ subscription until the next Subscription Period. However, additional On-demand Services may be requested via Upkeep+ (see below).
5.1 The cost of materials will be borne entirely by you, unless stated as being specially included within the relevant Service. See subscription plans details at https://upkeepplus.com/inclusions/ for included materials for each Service.
5.2 Following the completion of a Service, you will receive an invoice for the cost of materials plus any associated taxes and charges from the Service Provider and you hereby authorise your specified Payment Method to be charged for the cost of materials cost plus any associated taxes and charges.
6.1 Where you wish for the Service Provider to carry out additional services at the Nominated Property outside of the Upkeep+ subscription Service entitlement, you may request the Service Provider to complete such additional services (On-demand Services). Any such On-demand Services or other services provided by a third party are at your sole expense and fall outside the Upkeep+ subscription.
6.2 Following the completion of a Service, you will receive an invoice for the cost of materials plus any associated taxes and charges from the Service Provider and you hereby authorise your specified Payment Method to be charged for the cost of materials cost plus any associated taxes and charges.
7.1 The electrical, plumbing and other maintenance services under an Upkeep+ subscription are carried out by Service Providers. When a Service Provider accepts a Service request from you, that Service becomes subject to an independent contract between you and the Service Provider. We are not a party to such contract and we do not hold ourselves out as being licensed to provide such services.
7.2 Upkeep+’s services will be limited to managing Upkeep+ subscriptions, including scheduling Service bookings (including for On-demand Services) and facilitating payments between you and the Service Provider.
7.3 Additionally, we or our related bodies corporate may provide limited services under an Upkeep+ subscription for which we are not required to hold a contractor licence.
7.4 If you have a complaint about Upkeep+, please contact us at support@upkeepplus.com.
8.1 Upkeep+ is available for residential properties to homeowners or their managing agents, including houses, duplexes, flats, units and apartments, who are 18 years of age or older. Upkeep+ is not available to tenants.
8.2 Upkeep+ is available within selected locations. To find out if Upkeep+ is available in your area, please visit upkeepplus.com.
8.3 Each Upkeep+ subscription is available for one Nominated Property only and will be limited to services within the property boundaries of that Nominated Property.
8.4 By purchasing an Upkeep+ subscription, you authorise us to accept Services from Authorised Persons and accept any risk associated with this authorisation.
8.5 Provision of Services and any other Upkeep+ services may be refused where:
8.6 We may suspend an Upkeep+ subscription if you have any payments owing, until such payments have been paid.
9.1 You may nominate one property for an Upkeep+ subscription at any one time and Services and any other services under an Upkeep+ subscription will only be available for that Nominated Property.
9.2 You can change the Nominated Property address once per Subscription Period without charge. The Subscription Fee will change if the new Nominated Property is a different subscription plan (for example, if it changes from a “Small House” to a “Standard House”). Additionally, to properly onboard the new Nominated Property and develop a tailored Maintenance Plan, we will need to carry out a Property Inspection and charge for this service (such charges to be notified to you at the time of changing the Nominated Property address). Applicable charges per subscription plan are below:
9.3 An Upkeep+ subscription cannot be transferred or assigned to any other person.
10.1 We may cancel an Upkeep+ subscription immediately where, in our reasonable opinion, you have:
10.2 We reserve the right to refuse provision, extension or renewal of Upkeep+ subscriptions at the end of each Subscription Period.
10.3 You may cancel an Upkeep+ subscription at any time by emailing us at support@upkeepplus.com. Please note, for your cancellation to be effective, you must expressly state that you are cancelling the Upkeep+ subscription for the relevant Nominated Property. This is required to ensure we understand exactly what you’re asking us to do.
10.4 You will be entitled to a full refund of any Subscription Fee paid provided:
10.5 A Property Inspection is included as a sign-on bonus, provided you complete your first Subscription Period. If you decide to cancel your subscription before the end of the first Subscription Period and you have utilised the initial Property Inspection service, we may charge your Payment Method for the Property Inspection. Applicable charges per subscription plan are below:
10.6 Refunds will only be offered when the amount you have paid in Subscription Fees (as a percentage of your total annual Subscription Fee) is greater than the number of Service Credits you have utilised (as a percentage of your total Service Credits) during the Subscription Period. If this is the case, you will receive a refund notice and will subsequently be paid the refund amount to your specified Payment Method within 28 days.
10.7 Conversely, where the number of Service Credits you have utilised (as a percentage of your total Service Credits) is greater than the amount you have paid in Subscription Fees (as a percentage of your total annual Subscription Fee) during the Subscription Period, we may charge you a one-off fee for the difference. If this is the case, you will receive an invoice and your specified Payment Method will be charged. Any cancellation charges will be reduced to ensure that your paid-up Subscription Fees plus cancellation charges are no more than your relevant total annual Subscription Fee.
11.1 Upkeep+ subscriptions are not available for:
11.2 Upkeep+ is only available for the Service inclusions for your subscription plan. To view the full list of Services and inclusions covered by the Upkeep+ Home Complete subscription plan, see our website at upkeepplus.com.
12.1 Notwithstanding anything to the contrary in these Terms and Conditions, to the extent permitted by law, we will not be liable to any person for any indirect, special or consequential loss or damage in connection with Upkeep+ products, services, subscriptions, Services, On-demand Services, or these Terms and Conditions, whether in contract, tort (including negligence), statute or otherwise.
12.2 Additionally, we accept no liability to any person in connection with:
12.3 Any applicable warranties for Services are provided at the discretion of the relevant Service Provider on a case by case basis and in addition to guarantees that cannot be excluded under the Australian Consumer Law. The details of any such warranty should be outlined in the independent contract between you and the relevant Service Provider (such as in the terms for the relevant quote and/or invoice). A Service warranty period (e.g. Pest Control) will not be offered where the home has an identified defect that can or could cause the Service to have a reduced effectiveness (e.g. leak, moisture, mould, damage to the property creating an external opening).
12.4 Upkeep+ does not represent that any Nominated Property under an Upkeep+ subscription will be, or will remain, in working order, and accepts no liability to any person, including, without limitation, in connection with damage, accidents or injuries that may occur following Upkeep+ services or Services whether in contract, tort (including negligence), statute or otherwise.
12.5 If, notwithstanding the above, we are found to be liable in connection with any of the items set out in section 11.2 or 11.3 above in the course of or in connection with Upkeep+, to the extent that our liability cannot be excluded by law, our maximum liability whether in contract, equity, statute or tort (including negligence) will be limited to $10,000 in respect of the aggregate of all claims during any consecutive period of 12 months.
12.6 If we change or withdraw any aspect of Upkeep+ at any time, our maximum liability to you will be the refund of the unused portion of the Subscription Fee.
12.7 Nothing in these Terms and Conditions limits any right or obligation you have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited. Where we can limit our liability under the Australian Consumer Law, we limit such liability to the following (at our option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
13.1 A Property Inspection is limited to a visual assessment of the fully visible and accessible areas of the Nominated Property for the purpose of identifying maintenance tasks. The person completing the Property Inspection may not have expertise in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.
13.2 The Property Inspection is not:
13.3 The recommendations in a Maintenance Plan are limited to reasonably foreseeable maintenance events based on a visual inspection of the Nominated Property.
13.4 The Maintenance Plan is not a compliance report required by law or regulation. No liability will be accepted for any non-compliance of buildings at the Nominated Property to all applicable building legislative or regulatory requirements.
13.5 No representations are made that any inaccessible area of the Nominated Property is free from defects. Further, no liability will be accepted for defects which are not reasonably detected by a visual inspection without removal of any fixtures or fittings. No liability will be accepted for a failure to report a defect concealed, blocked or covered by furniture, fittings or home contents.
13.6 Any recommendations provided in the Maintenance Plan for specific works or trades are provided as suggestions only. No representations are made that any such recommended works or trades are the sole or necessary trades, skills or qualifications required. No liability will be accepted for any works performed by third parties based on recommendations in any Maintenance Plan.
Maintenance Plan means the 12-month property maintenance plan recommended by Upkeep+ for a Nominated Property under an Upkeep+ subscription.
Authorised Persons means the Upkeep+ subscription customer or residents, tenants or managing agents of the Nominated Property. All Authorised Persons must 18 years of age or older.
Nominated Property means a property eligible for Upkeep+ that is nominated by you (the property owner) under your Upkeep+ subscription.
Payment Method means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
Property Inspection means an initial inspection completed by us or a Service Provider at the Nominated Property to identify maintenance and improvement opportunities and to provide recommendations to the property owner in a Maintenance Plan.
Service means any individual service provided at the Nominated Property under an Upkeep+ subscription including a Property Inspection, whether recommended under a Maintenance Plan or as otherwise agreed between us and you (and, where applicable, the Service Provider).
Service Credits means the 100 “service credits” under each Upkeep+ subscription plan, for the purpose of determining the amount of refunds or fees that might apply in the event of cancellation of an Upkeep+ subscription (see the ‘Cancellations, Cooling Off Period and Refunds’ section of these Terms and Conditions), which are allocated as follows:
Service Provider means licensed tradespersons or other service providers that provide Services to you in connection with Upkeep+.
Subscription Fee means the fees that are payable by you for an Upkeep+ subscription in accordance with the relevant billing plan.
Subscription Period means the 12-month period after the date an Upkeep+ subscription is purchased or renewed under any billing plan.
Upkeep+ means the home maintenance and improvement subscription offered by Insurance Australia Limited ABN 11 000 016 722 trading as Upkeep+.
These terms and conditions (Terms and Conditions) govern your use of the Upkeep+ Home Essentials subscription product and related services. By using the Upkeep+ website in connection with an Upkeep+ Home Essentials subscription and any associated platforms, channels, products or services, you agree to be bound by these Terms and Conditions.
Upkeep+’s basic home maintenance subscription service titled ‘Home Essentials’ is separate and independent to Upkeep+ Home Complete (which is Upkeep+'s general home maintenance and improvement subscription service referred to on this website). Further information about our basic Home Essentials subscription plan can be found at upkeepplus.com/home-essentials.
*Capitalised words used in these Terms and Conditions are defined in the Definitions in section 15.
1.1 Upkeep+ Home Essentials subscriptions are available for a 12-month period (Subscription Period) on the following billing plans:
1.2 Current Upkeep+ Home Essentials subscription fees can be viewed on our website at upkeepplus.com/home-essentials.
1.3 Each subscription will automatically renew at the end of each Subscription Period at the prevailing price (per clause 1.2 above) unless notified to us via email at support@upkeepplus.com no later than 28 days before the end of the Subscription Period.
1.4 When selecting your subscription plan, please note that the definition of ‘bedroom’ under an Upkeep+ Home Essentials subscription means a bedroom, study/home office or any other secondary living area such as a media room, rumpus room, sunroom, retreat, second living room or second lounge room. This is to ensure that your subscription inclusions cover these additional rooms. If in doubt, please email us at hello@upkeepplus.com or call us at 1800 845 213 prior to purchasing your subscription.
1.5 If you have purchased a subscription plan that covers fewer bedrooms than your property has, we will notify you and update your subscription plan to the correct plan. If you do not wish to update your subscription plan, you can cancel. Please see clause 11 for cancellation details.
2.1 You authorise the Subscription Fee for your Upkeep+ Home Essentials subscription plan and any other charges you may incur in connection with your use of Upkeep+ such as Services, Materials and On-demand Services (including taxes and possible transaction fees), to be charged to your Payment Method on the specific billing date indicated on your "Account" page. The length of your billing cycle will depend on the type of billing plan that you choose when you sign-up. In some cases, your payment date may change, for example if your Payment Method has not successfully settled or if your Subscription Period began on a day not contained in a given month. Visit our website at upkeepplus.com/home-essentials and click on the "Billing details" link on the "Account" page to see your next payment date.
2.2 To use the Upkeep+ service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription Fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to Upkeep+ until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 We may pre-authorise your Payment Method in anticipation of subscription or Service-related charges (including for Materials and On-demand Services). In some instances, your available balance or credit limit may be reduced to reflect the authorisation.
2.4 You can update your Payment Methods by calling us on 1800 845 213 and selecting option 3 to speak to one of our customer support representatives. Alternatively, email support@upkeepplus.com with your contact details and we will call you directly. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
3.1 In exchange for your payment of the relevant Subscription Fees, you will be entitled to a schedule of Services to be completed by Service Providers at the Nominated Property. To view the full list of Services and inclusions covered by the Upkeep+ Home Essentials subscription plan, see our website at upkeepplus.com/home-essentials.
3.2 We may change our subscription plans and the price of the Upkeep+ Home Essentials subscription plan and On Demand Services from time to time; however, any price changes or changes to your subscription plans will only apply after the next billing date for your Upkeep+ Home Essentials subscription, and in any event will be no earlier than 28 days following notice to you. If you do not agree to any change made by us, you may terminate the Agreement by providing twenty-one (21) days written notice to us at support@upkeepplus.com.
4.1 Services will be provided at the schedule as stipulated on a Maintenance Plan or as otherwise agreed between you, us and the relevant Service Provider.
4.2 Any unused Services will not be carried over to a subsequent Subscription Period.
4.3 A Service will be deemed to have been used where the relevant Service Provider has been dispatched to the Nominated Property and:
4.4 Where you exhaust the Service entitlement in a Subscription Period or part thereof, no further Services will be available under the Upkeep+ Home Essentials subscription until the next Subscription Period. However, additional On Demand Services may be requested via Upkeep+ (see below).
5.1 The cost of Materials for included Services and On-demand Services will be borne entirely by you.
5.2 Following the completion of a Service, you will receive an invoice for the cost of materials plus any associated taxes and charges from the Service Provider and you hereby authorise your specified Payment Method to be charged for the cost of materials plus any associated taxes and charges.
6.1 Where you wish for the Service Provider to carry out additional services at the Nominated Property outside of the Upkeep+ Home Essentials subscription Service entitlement, you may request the Service Provider to complete such additional services (On-demand Services). Any such On Demand Services or other services provided by a third party are at your sole expense and fall outside the Upkeep+ Home Essentials subscription.
6.2 Following the completion of an On Demand Service, you will receive an invoice and your specified Payment Method will be charged for the amount of the invoice.
7.1 The maintenance services under an Upkeep+ Home Essentials subscription, and any other On Demand Services requested by you, are carried out by Service Providers. When a Service Provider accepts a Service or On Demand Service request from you, that Service or On Demand Service (as applicable) becomes subject to an independent contract between you and the Service Provider. We are not a party to such contract and we do not hold ourselves out as being licensed to provide such services.
7.2 Upkeep+’s services will be limited to managing Upkeep+ subscriptions, including scheduling Service bookings (including for On-demand Services) and facilitating payments between you and the Service Provider.
7.3 Additionally, we or our related bodies corporate may provide limited services under an Upkeep+ subscription for which we are not required to hold a contractor licence.
7.4 If you have a complaint about Upkeep+, please contact us at support@upkeepplus.com.
8.1 Upkeep+ is available for residential properties to homeowners or their managing agents, including houses, duplexes, flats, units and apartments, who are 18 years of age or older. Upkeep+ is not available to tenants.
8.2 Upkeep+ is available within selected locations. To find out if Upkeep+ is available in your area, please visit upkeepplus.com.
8.3 Each Upkeep+ Home Essentials subscription is available for one Nominated Property only and will be limited to services within the property boundaries of that Nominated Property.
8.4 By purchasing an Upkeep+ Home Essentials subscription, you authorise us to accept Services and On Demand Services from Authorised Persons and accept any risk associated with this authorisation.
8.5 Provision of Services, On Demand Services and any other Upkeep+ services may be refused where:
8.6 We may suspend an Upkeep+ Home Essentials subscription if you have any payments owing, until such payments have been paid.
9.1 You may nominate one property for an Upkeep+ Home Essentials subscription at any one time, and Services, On Demand Services and any other services under an Upkeep+ Home Essentials subscription will only be available for that Nominated Property.
9.2 You can change the Nominated Property address once per Subscription Period without charge. The Subscription Fee will change if the new Nominated Property is a different subscription plan (for example, if it changes from a “Small House” to a “Standard House”). Additionally, to properly onboard the new Nominated Property and develop a tailored Maintenance Plan, we will need to carry out a Maintenance Check-up and charge for this service (such charges to be notified to you at the time of changing the Nominated Property address). Applicable charges per subscription plan are below:
9.3 An Upkeep+ Home Essentials subscription cannot be transferred or assigned to any other person.
10.1 You may change from the Upkeep+ Home Essentials subscription to the Upkeep+ Home Complete subscription at any time during your Subscription Period. Your use of the Upkeep+ Home Complete product and related services will be governed by the Upkeep+ Home Complete Terms and Conditions at upkeepplus.com/terms.
10.2 Your subscription fee will change to reflect the new Upkeep+ Home Complete subscription plan. If you have already used certain Service entitlements under the Upkeep+ Home Essentials subscription during the Subscription Period, a discount will be applied to your subscription fee for the Upkeep+ Home Complete subscription plan in accordance with clause 10.3.
10.3 The discount applied to your subscription fees for the Upkeep+ Home Complete subscription during the remainder of the Subscription Period will be calculated on the basis of the relative number of Service Credits you have utilised (as a percentage of your total Service Credits) during the Subscription Period for your Upkeep+ Home Essentials subscription (Percentage of Consumed Services). The discount applied on the Upkeep+ Home Complete subscription for the remainder of the Subscription Period will be equal to the Subscription Fee for the Upkeep+ Home Essentials subscription multiplied by the Percentage of Consumed Services (the Applicable Discount).
10.4 If you paid for your Upkeep+ Home Essentials subscription upfront on an annual basis, you will be invoiced for the difference in subscription fees, minus the Applicable Discount, on the date that you change your subscription.
10.5 If you elected to pay for your Upkeep+ Home Essentials subscription on a monthly basis, the difference in subscription fees, minus the Applicable Discount, will be applied equally to your monthly invoices during the remainder of the Subscription Period. If you change from the Upkeep+ Home Essentials subscription to the Upkeep+ Home Complete subscription duringthe last month of your Subscription Period, you will be invoiced for the difference in subscription fees, minus the Applicable Discount, on the date that you change your subscription.
11.1 We may cancel an Upkeep+ Home Essentials subscription immediately where, in our reasonable opinion, you have:
11.2 We reserve the right to refuse provision, extension or renewal of an Upkeep+ Home Essentials subscription at the end of each Subscription Period.
11.3 You may cancel an Upkeep+ subscription at any time by emailing us at support@upkeepplus.com. Please note, for your cancellation to be effective, you must expressly state that you are cancelling the Upkeep+ Home Essentials subscription for the relevant Nominated Property. This is required to ensure we understand exactly what you’re asking us to do.
11.4 You will be entitled to a full refund of any Subscription Fee paid provided:
11.5 Refunds will only be offered when the amount you have paid in Subscription Fees (as a percentage of your total annual Subscription Fee) is greater than the number of Service Credits you have utilised (as a percentage of your total Service Credits) during the Subscription Period. If this is the case, you will receive a refund notice and will subsequently be paid the refund amount to your specified Payment Method within 28 days.
11.6 Conversely, where the number of Service Credits you have utilised (as a percentage of your total Service Credits) is greater than the amount you have paid in Subscription Fees (as a percentage of your total annual Subscription Fee) during the Subscription Period, we may charge you a one-off fee for the difference. If this is the case, you will receive an invoice and your specified Payment Method will be charged. Any cancellation charges will be reduced to ensure that your paid-up Subscription Fees plus cancellation charges are no more than your relevant total annual Subscription Fee.
12.1 Upkeep+ Home Essentials subscriptions are not available for:
12.2 Any Upkeep+ Services or On-demand Services which involve:
12.3 Upkeep+ Services or On-demand Services are not available for jobs:
12.4 Upkeep+ is only available for the Service inclusions for your subscription plan. To view the full list of Services and inclusions covered by the Upkeep+ Home Essentials subscription plan, see our website at upkeepplus.com/home-essentials.
13.1 Notwithstanding anything to the contrary in these terms andconditions, to the extent permitted by law, we will not be liable to any person for any indirect, special or consequential loss or damage in connection with Upkeep+ products, services, subscriptions, services, on demand services, or these terms and conditions, whether in contract, tort (including negligence), statute or otherwise.
13.2 Additionally, we accept no liability to any person in connection with:
13.3 Any applicable warranties for Services or On-demand Services are provided at the discretion of the relevant Service Provider on a case by case basis and in addition to guarantees that cannot be excluded under the Australian Consumer Law. The details of any such warranty should be outlined in the independent contract between you and the relevant Service Provider (such as in the terms for the relevant quote and/or invoice). A Service or On-demand Service warranty period (e.g. Pest Control) will not be offered where the home has an identified defect that can or could cause the Service to have a reduced effectiveness (e.g. leak, moisture, mould, damage to the property creating an external opening).
13.4 Upkeep+ does not represent that any Nominated Property under an Upkeep+ Home Essentials subscription will be, or will remain, in working order, and accepts no liability to any person, including, without limitation, in connection with damage, accidents or injuries that may occur following Upkeep+ Services or On-demand Services whether in contract, tort (including negligence), statute or otherwise.
13.5 If, notwithstanding the above, we are found to be liable in connection with any of the items set out in section 13.2 or 13.3 above in the course of or in connection with Upkeep+, to the extent that our liability cannot be excluded by law, our maximum liability whether in contract, equity, statute or tort (including negligence) will be limited to $10,000 in respect of the aggregate of all claims during any consecutive period of 12 months.
13.6 If we change or withdraw any aspect of Upkeep+ at any time, our maximum liability to you will be the refund of the unused portion of the Subscription Fee.
13.7 Nothing in these Terms and Conditions limits any right or obligation you have under the Australian Consumer Law, including any consumer guarantee or right to refund, or any other right you have under any law, to the extent that it cannot lawfully be excluded or limited. Where we can limit our liability under the Australian Consumer Law, we limit such liability to the following (at our option): in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods; or in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
14.1 A Maintenance Check-up is limited to a visual assessment of the fully visible and accessible areas of the Nominated Property for the purpose of identifying maintenance tasks. The person completing the Maintenance Check-up may not have expertise in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.
14.2 The Maintenance Check-up is not:
14.3 The recommendations in a Maintenance Plan are limited to reasonably foreseeable maintenance events based on a visual inspection of the Nominated Property.
14.4 The Maintenance Plan is not a compliance report required by law or regulation. No liability will be accepted for any non-compliance of buildings at the Nominated Property to all applicable building legislative or regulatory requirements.
14.5 No representations are made that any inaccessible area of the Nominated Property is free from defects. Further, no liability will be accepted for defects which are not reasonably detected by a visual inspection without removal of any fixtures or fittings. No liability will be accepted for a failure to report a defect concealed, blocked or covered by furniture, fittings or home contents.
14.6 Any recommendations provided in the Maintenance Plan for specific works or trades are provided as suggestions only. No representations are made that any such recommended works or trades are the sole or necessary trades, skills or qualifications required. No liability will be accepted for any works performed by third parties based on recommendations in any Maintenance Plan.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation as applicable.
Authorised Persons means the Upkeep+ Home Essentials subscription customer or residents, tenants or managing agents of the Nominated Property. All Authorised Persons must 18 years of age or older.
Maintenance Plan means the 12-month property maintenance plan recommended by Upkeep+ for a Nominated Property under an Upkeep+ Home Essentials subscription.
Maintenance Check-up means an initial inspection completed by us or a Service Provider at the Nominated Property to identify maintenance and improvement opportunities and to provide recommendations to the property owner in a Maintenance Plan.
Materials means materials used by a Service Provider when undertaking the Services or On Demand Services (as applicable).
Nominated Property means a property eligible for Upkeep+ that is nominated by you (the property owner) under your Upkeep+ Home Essentials subscription.
On Demand Services has the meaning given in clause 6.1.
Payment Method means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
Service means any individual service provided at the Nominated Property under an Upkeep+ Home Essentials subscription including a Maintenance Check-up, whether recommended under a Maintenance Plan or as otherwise agreed between us and you (and, where applicable, the Service Provider).
Service Credits means the 100 “service credits” under each Upkeep+ Home Essentials subscription plan, for the purpose of determining (i) the amount of refunds or fees that might apply in the event of cancellation of an Upkeep+ Home Essentials subscription (see the ‘Cancellations, Cooling Off Period and Refunds’ section of these Terms and Conditions) or (ii) the discount to be applied to the Upkeep+ Home Complete subscription fee if you upgrade your subscription during the Subscription Period (see the ‘Change of Subscription Product Type’ section of these Terms and Conditions). The Service Credits under each Upkeep+ Home Essentials subscription plan are allocated as follows:
Service Provider means licensed tradespersons or other service providers that provide Services or On-demand Services to you in connection with Upkeep+.
Subscription Fee means the fees that are payable by you for an Upkeep+ Home Essentials subscription in accordance with the relevant billing plan.
Subscription Period means the 12-month period after the date an Upkeep+ Home Essentials subscription is purchased or renewed under any billing plan.
Upkeep+ means the home maintenance and improvement subscription offered by Insurance Australia Limited ABN 11 000 016 722 trading as Upkeep+.
Upkeep+ Home Complete means our premium home maintenance and improvement subscription service titled ‘Home Complete’, as further described at upkeepplus.com.
Upkeep+ Home Essentials means our basic home maintenance subscription service titled ‘Home Essentials’, as further described at upkeepplus.com/home-essentials.
These terms and conditions (Terms and Conditions) govern your use of the Upkeep+ Home Check product and related services. By using the Upkeep+ website in connection with the Upkeep+ Home Check product and any associated platforms, channels, products or services, you agree to be bound by these Terms and Conditions.
Upkeep+ Home Check is a separate and independent product to Upkeep+’s subscription services referred to on this website. Further information about our Home Check product can be found at upkeepplus.com/home-check.
*Capitalised words used in these Terms and Conditions are defined in the Definitions in section 14.
1.1 Current upfront fees charged by Upkeep+ for the different Upkeep+ Home Check products, and the flat hourly rate for any On-demand Services, can be viewed on our website upkeepplus.com/home-check.
1.2 You must pay the Fees upfront at the time of purchasing the Upkeep+ Home Check product.
2.1 You authorise the Fees for your Upkeep+ Home Check product and any other charges you may incur in connection with your use of Upkeep+ such as Materials and On-demand Services (including taxes and possible transaction fees), to be charged to your Payment Method on the specific billing date indicated on your invoice for the applicable Materials and/or On-demand Services.
2.2 To use the Upkeep+ service you must provide oneor more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of any costs incurred in relation to On-demand Services and/or Materials. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration,insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to Upkeep+ until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
2.3 We may pre-authorise your Payment Method in anticipation of service-related charges (including for Materials and On-demand Services). In some instances, your available balance or credit limit may be reduced to reflect the authorisation.
2.4 You can update your Payment Methods by calling us on 1800 845 213 and selecting option 3 to speak to one of our customer support representatives. Alternatively, email support@upkeepplus.com with your contact details and we will call you directly. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
3.1 In exchange for your payment of the relevant Fees, you will be entitled to:
To view the full list of inclusions covered by the Upkeep+ Home Check product, see our website at upkeepplus.com/home-check.
3.2 We may change the price of the On-demand Services from time to time. However, any price changes will only apply to any On-demand Services procured after the date of the relevant price adjustment, which in any event will be no earlier than 28 days following notice to you. If you do not agree to any change made by us, you may terminate this agreement by providing seven (7) days written notice to us at support@upkeepplus.com.
4.1 A Maintenance Check-up is limited to a visual assessment of the fully visible and accessible areas of the Nominated Property for the purpose of identifying maintenance tasks. The person completing the Maintenance Check-up may not have expertise in building, electrical, plumbing, glazing, gas fitting, structural engineering or pest detection.
4.2 The Maintenance Check-up is not:
If a customer requires any such inspections, this needs to be arranged separately by a suitably qualified, licensed and insured person in accordance with applicable laws and regulations.
4.3 The recommendations in a Maintenance Plan are limited to reasonably foreseeable maintenance events based on a visual inspection of the Nominated Property.
4.4 The Maintenance Plan is not a compliance report required by law or regulation. NOLIABILITY WILL BE ACCEPTED FOR ANY NON-COMPLIANCE OF BUILDINGS AT THE NOMINATED PROPERTY TO ALL APPLICABLE BUILDING LEGISLATIVE OR REGULATORY REQUIREMENTS.
4.5 NO REPRESENTATIONS ARE MADE THAT ANY INACCESSIBLE AREA OF THE NOMINATED PROPERTY IS FREE FROM DEFECTS. FURTHER, NO LIABILITY WILL BE ACCEPTED FOR DEFECTS WHICH ARE NOT REASONABLY DETECTED BY A VISUAL INSPECTION WITHOUT REMOVAL OF ANY FIXTURES OR FITTINGS. NO LIABILITY WILL BE ACCEPTED FOR A FAILURE TO REPORT ADEFECT CONCEALED, BLOCKED OR COVERED BY FURNITURE, FITTINGS OR HOME CONTENTS.
4.6 ANY RECOMMENDATIONS PROVIDED IN THE MAINTENANCE PLAN FOR SPECIFIC WORKS OR TRADES ARE PROVIDED AS SUGGESTIONS ONLY. NO REPRESENTATIONS ARE MADE THAT ANY SUCH RECOMMENDED WORKS OR TRADES ARE THE SOLE OR NECESSARY TRADES, SKILLS OR QUALIFICATIONS REQUIRED. NO LIABILITY WILL BE ACCEPTED FOR ANY WORKS PERFORMED BY THIRD PARTIES BASED ON RECOMMENDATIONS IN ANY MAINTENANCE PLAN.
4.7 A Maintenance Check-up will be deemed to have been used where the Upkeep+ Home Manager, or the relevant Service Provider, has been dispatched to the Nominated Property and an Authorised Person is not at the home when the Upkeep+ Home Manager or Service Provider (as applicable) arrives.
5.1 The cost of Materials for the Maintenance Check-up (as applicable) and On-demand Services will be borne entirely by you.
5.2 Following the completion of an On-demand Service (or the Maintenance Check-up, as applicable), you will receive an invoice for the cost of materials plus any associated taxes and charges from the Service Provider and you hereby authorise your specified Payment Method to be charged for the cost of materials plus any associated taxes and charges.
6.1 Where you wish for the Service Provider to carry out additional services at the Nominated Property, you may request the Service Provider to complete such additional services (On-demand Services). Any such On-demand Services or other services provided by a third party are at your sole expense and fall outside the Fees for the Upkeep+ Home Check product.
6.2 Following the completion of an On-demand Service, you will receive an invoice and your specified Payment Method will be charged for the amount of the invoice.
7.1 Any On-demand Services requested by you are carried out by Service Providers. When a Service Provider accepts an On-demand Service request from you, that On-demand Service becomes subject to an independent contract between you and the Service Provider. We are not a party to such contract and we do not hold ourselves out as being licensed to provide such services.
7.2 Upkeep+’s services will be limited to managing Upkeep+ products, including scheduling Maintenance Check-ups and On-demand Service bookings and facilitating payments between you and the Service Provider.
7.3 Additionally, we or our related bodies corporate may provide limited services under an Upkeep+ product for which we are not required to hold a contractor licence.
7.4 If you have a complaint about Upkeep+, please contact us at support@upkeepplus.com.
8.1 Upkeep+ is available for residential properties to homeowners or their managing agents, including houses, duplexes, flats, units and apartments, who are 18 years of age or older. Upkeep+ is not available to tenants.
8.2 Upkeep+is available within selected locations. To find out if Upkeep+ is available inyour area, please visit upkeepplus.com.
8.3 Each Upkeep+ Home Check product is available for one Nominated Property only and will be limited to services within the property boundaries of that Nominated Property.
8.4 By purchasing an Upkeep+ Home Check product, you authorise us to accept the applicable Maintenance Check-Up and On Demand Services from Authorised Persons and accept any risk associated with this authorisation.
8.5 Provision of the Maintenance Check-up, On-demand Services and any other Upkeep+ services may be refused where:
9.1 You may nominate one property for an Upkeep+ Home Check product at any one time, and the Maintenance Check-up, On-demand Services and any other services under an Upkeep+ Home Check product will only be available for that Nominated Property.
9.2 An Upkeep+ Home Check product cannot be transferred or assigned to any other person or any other address.
10.1 You may change from the Upkeep+ Home Check product to either the Upkeep+ Home Essentials subscription or the Upkeep+ Home Complete subscription (an Upkeep+ Subscription) at any time. Your use of an Upkeep+ Subscription and related services will be governed by the relevant Terms and Conditions at upkeepplus.com/terms.
10.2 If you change from the Upkeep+ Home Check product to an Upkeep+ Subscription in accordance with clause 10.1 above within 12 months from the date that a Maintenance Check-up was performed at the Nominated Property, you will be charged the relevant subscription fee to reflect your new Upkeep+ Subscription (as applicable), minus the Applicable Discount (as calculated in accordance with clause 10.3).
10.3 The discount applied to your subscription fees for the new Upkeep+ Subscription will be equivalent to the Fees paid for your Upkeep+ Home Check product (the Applicable Discount).
10.4 If you elect to pay for your new Upkeep+ Subscription on a monthly basis, the Applicable Discount will be applied equally to your monthly invoices during the relevant subscription period.
11.1 We may terminate this agreement immediately where, in our reasonable opinion, you have:
11.2 You may terminate this agreement at any time by emailing us at support@upkeepplus.com. Please note, for your termination to be effective, you must expressly state that you are cancelling the Upkeep+ Home Check product for the relevant Nominated Property. This is required to ensure we understand exactly what you’re asking us to do.
11.3 If you terminate this agreement, you will be liable to pay any outstanding amounts owed, including in relation to On Demand Services and/or Materials.
11.4 You will be entitled to a full refund of any Fee paid provided:
12.1 The Upkeep+ Home Check products are not available for:
12.2 Any Upkeep+ Services or On-demand Services which involve:
12.3 Upkeep+ Services or On-demand Services are not available for jobs:
13.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE IN CONNECTION WITH UPKEEP+ PRODUCTS, SERVICES, SUBSCRIPTIONS, MAINTENANCE CHECK-UPS, ON DEMAND SERVICES, OR THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.
13.2 Additionally, we accept no liability to any person in connection with:
13.3 ANY APPLICABLE WARRANTIES FOR ON DEMAND SERVICES ARE PROVIDED AT THE DISCRETION OF THE RELEVANT SERVICE PROVIDER ON A CASE BY CASE BASIS AND IN ADDITION TO GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. THE DETAILS OF ANY SUCH WARRANTY SHOULD BE OUTLINED IN THE INDEPENDENT CONTRACT BETWEEN YOU AND THE RELEVANT SERVICE PROVIDER (SUCH AS IN THE TERMS FOR THE RELEVANT QUOTE AND/OR INVOICE). AN ON DEMAND SERVICE WARRANTY PERIOD (E.G. PEST CONTROL) WILL NOT BE OFFERED WHERE THE NOMINATED PROPERTY HAS AN IDENTIFIED DEFECT THAT CAN OR COULD CAUSE THE SERVICE TO HAVE A REDUCED EFFECTIVENESS (E.G. LEAK, MOISTURE, MOULD, DAMAGE TO THE PROPERTY CREATING AN EXTERNAL OPENING).
13.4 UPKEEP+ DOES NOT REPRESENT THAT ANY NOMINATED PROPERTY UNDER AN UPKEEP+ HOME CHECK PRODUCT WILL BE, OR WILL REMAIN, IN WORKING ORDER, AND ACCEPTS NO LIABILITY TO ANY PERSON, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH DAMAGE, ACCIDENTS OR INJURIES THAT MAY OCCUR FOLLOWING UPKEEP+ SERVICES, A MAINTENANCE CHECK-UP OR ON DEMAND SERVICES WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE.
13.5 IF, NOTWITHSTANDING THE ABOVE, WE ARE FOUND TO BE LIABLE IN CONNECTION WITH ANY OF THE ITEMS SET OUT IN SECTION 13.2 OR 13.3 ABOVE IN THE COURSE OF OR IN CONNECTION WITH UPKEEP+, TO THE EXTENT THAT OUR LIABILITY CANNOT BE EXCLUDED BY LAW, OUR MAXIMUM LIABILITY WHETHER IN CONTRACT, EQUITY, STATUTE OR TORT (INCLUDING NEGLIGENCE) WILL BE LIMITED TO $10,000 IN RESPECT OF THE AGGREGATE OF ALL CLAIMS DURING ANY CONSECUTIVE PERIOD OF 12 MONTHS.
13.6 IF WE CHANGE OR WITHDRAW ANY ASPECT OF UPKEEP+ AT ANY TIME, OUR MAXIMUM LIABILITY TO YOU WILL BE THE REFUND OF THE FEES TO THE EXTENT YOUR ENTITLEMENT TO THE MAINTENANCE CHECK-UP AT THE NOMINATED PROPERTY HAS NOT BEEN USED.
13.7 NOTHING IN THESE TERMS AND CONDITIONS LIMITS ANY RIGHT OR OBLIGATION YOU HAVE UNDER THE AUSTRALIAN CONSUMER LAW, INCLUDING ANY CONSUMER GUARANTEE OR RIGHT TO REFUND, OR ANY OTHER RIGHT YOU HAVE UNDER ANY LAW, TO THE EXTENT THAT IT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. WHERE WE CAN LIMIT OUR LIABILITY UNDER THE AUSTRALIAN CONSUMER LAW, WE LIMIT SUCH LIABILITY TO THE FOLLOWING (AT OUR OPTION): IN THE CASE OF GOODS, THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR IN THE CASE OF SERVICES, THE SUPPLYING OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
Applicable Discount hasthe meaning given in clause 10.3.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation as applicable.
Authorised Persons means the Upkeep+ Home Check subscription customer or residents, tenants or managing agents of the Nominated Property. All Authorised Persons must 18 years of age or older.
Fee means the fees that arepayable by you for an Upkeep+ Home Check product.
Maintenance Check-up means an initial inspection completed by us or a Service Provider at the Nominated Property to identify maintenance and improvement opportunities and to provide recommendations to the property owner in a Maintenance Plan.
Materials means materials used by a Service Provider when undertaking the Services or On-demand Services (as applicable).
Nominated Property means a property eligible for Upkeep+ that is nominated by you (the property owner) under your Upkeep+ Home Check product.
On-demand Services has the meaning given in clause 6.1.
Payment Method means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party.
Service Provider means licensed tradespersons or other service providers that provide Services or On-demand Services to you in connection with Upkeep+ (or Maintenance Check-ups, as applicable).
Upkeep+ means the home maintenance and improvement service offered by Insurance Australia Limited ABN 11 000 016 722 trading as Upkeep+.
Upkeep+ Home Complete means our premium home maintenance and improvement subscription service titled ‘Home Complete’, as further described at upkeepplus.com.
Upkeep+ Home Essentials means our basic home maintenance subscription service titled ‘Home Essentials’, as further described at upkeepplus.com/home-essentials.
Upkeep+ Subscription has the meaning given in clause 10.1.
For further information about Upkeep+, including the latest Terms and Conditions visit our website upkeepplus.com. All complaints, disputes or feedback relating to Upkeep+ should be directed to support@upkeepplus.com.
To contact us visit our website upkeepplus.com for relevant contact options.
We are committed to protecting your privacy. Information about how Upkeep+ collects, uses and discloses personal information is available in the Upkeep+ Privacy Policy. You hereby consent (and your continued use of Upkeep+ confirms that consent) to, and authorise, the collection, use and disclosure of your personal information in accordance with the Upkeep+ Privacy Policy.
By subscribing to Upkeep+, you consent to Upkeep+ using your contact details (including email address and mobile phone number) to send you notices and marketing material in relation to Upkeep+, including by way of electronic communications. If you do not want to receive marketing communications, you may opt out by unsubscribing from such communications in the manner specified in such communications.