Terms & conditions
General Information
- Individuals aged 18 years or older.
- Users who are registered with the NDIS, either through a valid Plan Number or Provider Number.
Platform purpose
This platform is a Software as a Service (SaaS) offering designed to streamline and facilitate services related to the National Disability Insurance Scheme (NDIS). Key functionalities include account creation, job postings, shift management, timesheets, invoicing, service agreements, and other associated tools and services.
Target Audience
The platform is intended for individuals and entities involved in the NDIS ecosystem. This includes NDIS Participants, Plan Managers, Support Coordinators, Independent Support Workers (ISW), Allied Health Professionals, and Companies.
Platform Access
Access to the platform is restricted to users who meet the following criteria:
Account and Usage
- Maintaining the confidentiality of their login credentials.
- Ensuring all information provided during registration and profile updates is accurate and up to date.
- Not sharing their accounts or using another user’s account.
- Posting illegal, harmful, or misleading content.
- Engaging in activities that misrepresent their identity or services.
- Violating the intellectual property rights of others.
- Circumventing or attempting to circumvent the platform’s security measures.
Account Registration
Users must follow the detailed registration steps provided for their respective roles, as outlined during the account creation process. These steps include completing the required fields, verifying provided information (e.g., via email), and ensuring eligibility based on NDIS registration.
User Responsibilities
Users are responsible for:
Prohibited Activities
Users are strictly prohibited from:
Payments and Refunds
Pricing Structure
Participants: Access to all platform features is completely free.
Providers and Plan Managers: Operate on a semi paid model. Users can access features for free up to defined usage limits. Exceeding these limits or accessing premium features requires a subscription or one time fee. Certain features are accessible only upon paying a signup fee.
Payment Methods
All payments are processed securely through Stripe. Users must ensure that their payment details are accurate and updated to avoid disruptions in service.
Refund Policy
Refunds are only granted in the event of verified technical issues preventing the user from accessing the platform or its features. Refund requests must be submitted through the platform's support channels within 14 days of the issue occurring.
Late Payments
Subscription payments must be made on time to avoid service interruptions. In the case of late payments, a 7 day grace period will be provided. If payment is not made within this timeframe, the user’s account may be suspended until the outstanding balance is settled.
Third Party Services
The platform integrates third party services such as Stripe for payment processing. Users acknowledge that these services operate under their own terms and conditions, which govern aspects such as payment disputes. The platform is not liable for issues arising from third party services and cannot intervene in their resolution.
Intellectual Property
Platform Ownership
The platform, including but not limited to its code, text, designs, and other intellectual property, is owned exclusively by the platform owner. Unauthorized copying, modification, distribution, or use of the platform’s intellectual property is strictly prohibited without prior written consent.
User Generated Content
Users retain ownership of the content they create or upload, including but not limited to job postings, timesheets, and related data. By using the platform, users grant the platform a non exclusive, royalty free license to use, display, and distribute such content for marketing or promotional purposes, provided prior user approval is obtained. The platform will not modify user generated content in a misleading way and users retain the right to withdraw consent for future use of their content.
Copyright Protection
All content provided on the platform is protected under applicable copyright laws. Users are prohibited from reproducing, distributing, or otherwise using the platform’s content without explicit authorization.
Third Party Materials
The platform may use third party materials for marketing purposes and to promote relevant products or services. Such materials are subject to the intellectual property rights of their respective owners, and users are not permitted to reuse them without appropriate permissions.
Privacy and Data Protection
- The platform collects and processes user data, including personal, financial, and operational information, for account creation, service delivery, and platform functionality.
- Data collected includes but is not limited to: names, email addresses, payment information, NDIS registration details, and any user generated content such as job postings and timesheets.
- By using the platform, users consent to the collection and use of their data in accordance with this policy.
- The platform is committed to adhering to the Australian Privacy Act 1988 and the Australian Privacy Principles (APPs).
- Users have the right to access, correct, or delete their personal data. Requests can be made through the platform's support channels, subject to identity verification.
- Sensitive information, such as NDIS related data, is handled with strict confidentiality and stored securely to prevent unauthorized access or breaches.
- Data will not be shared with third parties without user consent, except where required by law or to deliver essential platform services.
- Certain functionalities, such as payment processing via Stripe, require sharing user data with third party service providers.
- These providers are subject to strict data protection agreements to ensure compliance with privacy laws and to protect user information.
- The platform employs robust encryption, secure storage, and regular audits to safeguard user data.
- Unauthorized access, misuse, or disclosure of user data is actively monitored, and breaches (if any) will be promptly reported as required by the Notifiable Data Breaches scheme in Australia.
- No collection of data without user consent.
- Secure use of data for the purposes stated during app registration.
- Adherence to all data sharing disclosures as required by Apple’s privacy and tracking transparency policies.
- For Android deployment via Google Play, the platform ensures compliance with:
- Google Play Developer Program Policies, including clear user permissions and privacy disclosures.
- Limiting data collection to essential functionalities and securing user consent for any data usage.
- Ensuring the app adheres to Google’s Data Safety Section, with transparent sharing practices.
- With explicit user consent, data may be used for promotional purposes such as success stories, testimonials, or case studies.
- Users may opt out of such usage at any time by contacting the platform's support team.
- User data is retained only for as long as necessary to fulfill the purposes of service delivery and legal compliance. For instance, billing records are retained for a minimum of 7 years as required by applicable laws.
- Upon account termination, user data will be securely deleted, except for data required to be retained for legal or financial record keeping.
- Users have the right to:
- Access their personal data and request corrections.
- Withdraw consent for data processing.
- Lodge complaints regarding data handling with the Office of the Australian Information Commissioner (OAIC).
- This Privacy Policy may be updated from time to time. Users will be notified of any significant changes through the platform or email.
Data Collection and Use
Compliance with the Australian Privacy Act 1988
Third Party Data Sharing
Data Security Measures
Apple Deployment Compliance
The platform complies with Apple’s App Store Review Guidelines, particularly in handling user data:
Android Deployment Compliance
Marketing and Promotional Use
Data Retention and Deletion
User Rights
Policy Updates
Liability and Warranties
- While the platform strives for uninterrupted service and accurate functionality, it is provided on an "as is" and "as available" basis.
- The platform does not guarantee that all services will be error free, uninterrupted, or meet specific user expectations.
- Users are responsible for ensuring the accuracy and legality of the content they provide on the platform, including job postings, timesheets, and other user generated content.
- The platform is not liable for disputes between users, including but not limited to issues between employers, independent workers, and participants.
- To the maximum extent permitted by law, the platform and its owners, directors, employees, and affiliates are not liable for:
- Any indirect, incidental, special, or consequential damages.
- Loss of profits, data, or business opportunities arising from the use of the platform.
- Any damages resulting from unauthorized access to or misuse of user data.
- Total liability under this agreement is limited to the amount paid by the user in the 12 months preceding the event giving rise to the claim.
- The platform disclaims all implied warranties, including but not limited to fitness for a particular purpose, merchantability, and non infringement.
- Users acknowledge that the platform may be affected by external factors beyond its control, such as internet disruptions or third party service failures.
- Users agree to indemnify and hold harmless the platform from any claims, damages, or expenses arising from their breach of the Terms and Conditions or their improper use of the platform.
- The platform is not responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, labor strikes, or third party service interruptions.
No Guarantees of Performance
User Responsibility
Limitation of Liability
Exclusion of Warranties
Indemnity
Force Majeure
Termination and Dispute Resolution
- Users may terminate their account at any time by contacting the platform’s support team or using the account management tools provided.
- Upon termination, users lose access to their account and associated data, except for information retained for legal or record keeping purposes.
- The platform reserves the right to suspend or terminate user accounts under the following circumstances:
- Breach of the Terms and Conditions.
- Non payment after the 7 day grace period.
- Engagement in prohibited activities such as illegal content posting or misuse of the platform.
- In such cases, users will be notified of the termination and provided an opportunity to rectify the breach, where applicable.
- Upon termination, users will no longer have access to the platform’s services.
- Any outstanding payments or liabilities owed to the platform will remain enforceable after termination.
- This agreement is governed by the laws of Australia, and any disputes will be resolved in accordance with Australian legal principles.
- Users agree to attempt to resolve any disputes amicably through the platform’s support channels before seeking legal recourse.
- If a dispute cannot be resolved informally, users agree to mandatory mediation or arbitration in accordance with the rules of an independent dispute resolution body, unless the dispute involves criminal conduct or urgent injunctions.
- All legal disputes must be filed in the courts of the user’s state or territory within Australia, unless otherwise agreed upon by both parties.
- The platform is not liable for disputes arising between users, such as employers and independent workers.
- The platform will cooperate with legal authorities and provide necessary records if required by law.
- The platform reserves the right to modify or update these Terms and Conditions at any time.
- Users will be notified of significant changes via email or an announcement on the platform.
- Continued use of the platform after such changes constitutes acceptance of the revised Terms and Conditions.
- If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.
- These Terms and Conditions constitute the entire agreement between the user and the platform, superseding any prior agreements or understandings related to the platform.
- Failure by the platform to enforce any provision of these Terms and Conditions shall not constitute a waiver of that provision or any other rights.
- Users may not assign or transfer their rights under these Terms and Conditions without prior written consent from the platform.
- The platform may assign or transfer its rights and obligations without user consent in connection with a merger, acquisition, or sale of assets.
- For any questions or concerns regarding these Terms and Conditions, users may contact the platform’s support team via email at hello@ndisync.ai.
- By using the platform, users acknowledge that they have read, understood, and agreed to these Terms and Conditions.