NDIS Participant Introductions
Terms & Conditions
Effective Date: 01 December 2022
Parties
Aged Care Reviews Pty Ltd t/a Care Decisions (“Care Decisions”) ABN 44 166 080 306 of Level 3, 26 Marine Parade, Southport QLD 4215
and
The entity nominated in Part A of the NDIS Participant Introduction Registration Form (“Provider”)
Definitions
NDIS Participant Introduction means the provision of personal information, support need information and contact details of a Potential NDIS Services Recipient (and/or that potential participant’s nominated contact person, carer or authorised agent).
NDIS Participant Introduction Recipient means an entity that has completed a NDIS Participant Introduction Registration Form.
NDIS Participant Introduction Registration Form means a NDIS Participant Introduction Registration Form completed and returned to Care Decisions, whether electronically or in hard copy.
Potential NDIS Services Recipient includes a person who seeks NDIS Services or disability services partially or fully funded from the NDIS, or a person nominated by or acting on behalf of another person who seeks NDIS Services, and specifically includes a person who falls within the definition of “participant” or “prospective participant” as defined by section 9 of the NDIS Act.
NDIS means the National Disability Insurance Scheme as established and operated in accordance with the NDIS Act.
NDIS Act means the National Disability Insurance Scheme Act 2013 (as amended from time to time).
NDIS Plan means a written document issued to a Potential NDIS Services Recipient by the National Disability Insurance Scheme pursuant to Part 2 of the NDIS Act outlining the individual and total funded supports for various categories of disability support services, broken down individual categories of Core Supports, Capital Supports and Capacity Building Supports.
NDIS Services has the same meaning as (i) the term ‘general supports’ provided by, through or in connection with section 13 of the NDIS Act; and (ii) any support or service funded by, through or in connection with section 14 of the NDIS Act.
Services has the meaning ascribed by clause 4.1.
1 ACCEPTANCE OF TERMS AND CONDITIONS
1.1 The website https://caredecisions.com.au and any online portal or electronic data interfacing with the website (Website), and the NDIS system provider selection support services (including new participant introduction services) (the Services) provided to members and users of Aged Care Reviews Pty Ltd, are owned and operated by Aged Care Reviews Pty Ltd t/a Care Decisions ABN 44 166 080 306 (Care Decisions). Any reference to “we”, “us” and “our” in these Terms and Conditions refers to Care Decisions. If you are registering with Aged Care Reviews Pty Ltd or accepting a NDIS Participant Introduction on behalf of an organisation, that organisation is taken to have accepted these Terms and Conditions and you are taken to have been duly authorised to bind the organisation.
1.2 The following terms together with any NDIS Participant Introduction Registration Form, form the Terms and Conditions for use of the Website and the terms of your relationship with Care Decisions as a registered NDIS Participant Introduction Recipient.
1.3 Please carefully read these Terms and Conditions before you proceed to register with Care Decisions. In using and continuing to use the Website, and in proceeding with your registration with Care Decisions, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not continue to use the Website.
1.4 These Terms & Conditions apply whenever you access the Website or utilise the Services, regardless of how you access the Website or interact with us, including but not limited to the internet, email, tablets, smart phones, mobile phones, Provider Portal and data feeds.
1.5 We may revise these Terms and Conditions from time to time by updating our Website. The revised Terms and Conditions will take effect upon notice thereof, which may be provided to you by a posting on the Website, via e-mail or any other means.
1.6 We may update the brand name and website URL’s used by Care Decisions in the provision of the Services. Where we do so, we will provide notice of the same pursuant to clause 1.5 above.
1.7 The parties may agree special conditions, modified terms, amendments or modifications to this Agreement as may be specified in the NDIS Participant Introduction Registration Form. To the extent that the Special Conditions are inconsistent wih these terms and conditions or the terms outlined in the NDIS Participant Introduction Registration Form, the terms of the Special Conditions will prevail over the other terms specified in the NDIS Participant Introduction Registration Form and the remainder of terms and conditions found herein.
2 INTELLECTUAL PROPERTY ON THE WEBSITE
2.1 All intellectual property in relation to the Website and the content on the Website (including but not limited to, the software, design, text, data, icons, logos, copyrights, designs, trade marks, concepts, sound recordings, content and graphics comprised in the Website) and all intellectual property created or developed in relation to Care Decisions performing the Services (“Intellectual Property”) belongs to Care Decisions, its associated or related entities or its licensors, advertisers or affiliates.
2.2 Care Decisions and/or its associated or related entities, retain all rights, title, and interest in and to the Website, and all related content, data, and Intellectual Property created by Care Decisions in performing the Services, and nothing you do on or in relation to the Website, or any of the related content and data will transfer any rights, in intellectual property or otherwise, to you, or license to you any such rights unless expressly stated otherwise.
2.3 Except as permitted in clause 2.4 below, you agree not to do anything that interferes with or breaches Care Decisions Intellectual Property, including agreeing not to copy, modify, create a derivative work, reverse engineer, reverse assemble, attempt to discover the source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any content on the Website or of Care Decisions Intellectual Property.
2.4 Care Decisions grants you a revocable, royalty free, non-exclusive licence, for use in Australia to use Care Decisions Intellectual Property for the sole purpose of receiving the benefit of the Services.
2.5 Except as granted under these Terms and Conditions, permission to reprint or electronically reproduce the Website, or any related content or data in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us via the communication methods available on the Website if you wish to obtain such consent.
2.6 Any pre-existing or background Intellectual Property (including but not limited to, for example, marketing documents, brochures, photos and images) belonging to the Provider remains that of the Provider. The Provider grants to Care Decisions an irrevocable, worldwide, royalty free licence to use the Provider’s background or pre-existing Intellectual Property for the purposes of Care Decisions business.
3 PROVIDER REQUIREMENTS
3.1 In order to receive the Services provided by Care Decisions, you must become a registered NDIS Participant Introduction Recipient of Care Decisions. You will be a registered NDIS Participant Introduction Recipient with Care Decisions upon the earlier of your acceptance of these Terms and Conditions and completion of the NDIS Participant Introduction Registration Form.
3.2 Registration is free and you agree and acknowledge that:
3.2.1 you shall provide us with accurate, complete and updated registration information including the contact details for the Provider;
3.2.2 you may cancel your registration at any time by notifying us, in writing via email, to the email address notified on your NDIS Participant Introduction Registration Form. We will cancel your registration within 5 working days of receipt of your request;
3.2.3 Care Decisions reserves the right, in its absolute discretion, to review and consider all potential registrations in order to maintain quality of the Services and may contact you by telephone or email to verify that your registration information is accurate and correct before engaging you;
3.2.4 Care Decisions reserves the right to discontinue or cancel your registration, at our sole discretion and without notice including but not limited to the following reasons:
3.2.5 breach of any applicable law or breach of any of the Terms and Conditions;
3.2.6 where we conclude that your conduct or ongoing registration impacts (or may, in our view, impact) our name or reputation;
3.2.7 where we conclude that your conduct violates our rights or those of another party, including any Potential NDIS Services Recipient or an Care Decisions member; or
3.2.8 for any other reason.
4 SERVICES
4.1 As a registered NDIS Participant Introduction Recipient, from time to time and subject to regular review of your information available to Care Decisions, Care Decisions may in providing information advice and comparison services to Potential NDIS Services Recipients, provide you with details of a Potential NDIS Services Recipient (or that person’s carer, nominated contact person or authorised agent) (NDIS Participant Introduction). For the avoidance of doubt, you acknowledge and agree that Care Decisions is under no obligation to provide NDIS Participant Introductions to the Provider, and the provision of any NDIS Participant Introductions to the Provider is at the sole discretion of Care Decisions.
4.2 The Services provided by Care Decisions are non-exclusive and you understand Care Decisions may provide NDIS Participant Introductions in its absolute discretion to any provider of NDIS Services (whether or not registered at the time of the NDIS Participant Introduction).
5 RELATIONSHIP
5.1 Care Decisions operates as an independent third party in respect of any communication between members and users of Care Decisions and providers of NDIS Services, and we remain independent from any advice, content, correspondence, information or representations given therein. Providers and users or members of Care Decisions shall undertake full responsibility for the decision to engage with such providers, Providers, members or Potential NDIS Services Recipients, as the case made be.
5.2 The services, advice, information, suggestions and opinions provided by any party via the Website are strictly that party’s own.
5.3 As a result of both 5.1 and 5.2, Care Decisions takes no responsibility for the quality, safety or legality of the services, correspondence, monies, information and/or opinions provided by the Provider, Potential NDIS Services Recipient (or Care Decisions member), or the accuracy, truthfulness or reliability of the information supplied by the Provider or Potential NDIS Services Recipient (or Care Decisions member). The information is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing and considering the accuracy of the content and rely on it at your own risk.
5.4 Care Decisions receives no direct payment from the Potential NDIS Services Recipient or NDIS in respect of the NDIS Participant Introduction to the Provider. Care Decisions warrants to the Provider that it discloses to the Potential NDIS Services Recipient, verbally and in writing, that Care Decisions may charge a Fee if the Potential NDIS Services Recipient takes up NDIS Services with the Provider following a NDIS Participant Introduction being made.
5.5 Care Decisions is in no way party to and will not be liable for enforcing any agreement made between the Potential NDIS Services Recipient and Provider.
5.6 Care Decisions and its related entities are not in the business of being a NDIS Services provider or disability services broker, and nothing in these Terms and Conditions or through the terms and conditions applicable to Care Decisions and its members shall be construed as an appointment of agency either on behalf of the Care Decisions user or member or the Provider.
5.7 Care Decisions and the Provider agree and warrant to each other that they:
5.7.1 will use their best endeavours to cooperate to ensure that the Services are provided, both to each other and to a Potential NDIS Services Recipient, in a manner that is consistent with the terms and conditions outlined herein;
5.7.2 will not, in connection with the provision of the Services, make or publish any adverse, disparaging or other comments that are intended to, or have the effect of, bringing the other party into disrepute.
6 REPORTING
6.1 You must, within five business days, report to Care Decisions, in a form and means agreed with Care Decisions (including by data feed), the following information in respect of any transaction or agreement made arising in connection with a NDIS Participant Introduction:
6.1.1 confirmation of initial contact with the Potential NDIS Services Recipient (or their nominated or authorised contact person); and
6.1.2 confirmation of a NDIS Services service agreement or other agreement evidencing a contractual relationship for NDIS Services between the Potential NDIS Services Recipient and the Provider.
7 FEES AND INVOICING
7.1 The Provider shall pay Care Decisions such fees as may become liable in accordance with this clause 7, those fees being a deferred professional marketing services fee.
7.2 NDIS Plan nominated supports
7.2.1 Upon signing of a service agreement with a Potential NDIS Services Recipient, or acceptance of an equivalent agreement by the Provider, arising in connection with a successful NDIS Participant Introduction and/or on confirmation by the Provider of an agreement being made with the Potential NDIS Services Recipient nominated or connected to a NDIS Participant Introduction, Care Decisions will issue an invoice to the Provider for payment of a deferred lump-sum professional services Participant Referral & Marketing Fee (“Fee”) calculated as follows:
| NDIS Plan Budget service category / supported area | Participant Referral & Marketing Fee | Clause 7.6 applies (Minimum & Maximum Fee) |
| Assistance with Daily Life / Core Supports | 10% of value of the service agreement for this service category nominated in NDIS Plan | Yes |
| Transport | 10% of value of the service agreement for this service category nominated in NDIS Plan | Yes |
| Assistance with Social and Community Participation | 10% of value of the service agreement for this service category nominated in NDIS Plan | Yes |
| Improved Life Choices | $150.00 ex GST | No |
| Support Coordination | 10% of value of the service agreement for this service category nominated in NDIS Plan | Yes |
| Any service category or support area not outlined above | 10% of value of the service agreement for this service category nominated in NDIS Plan | No |
7.2.2 A reference in this clause 7.2 to the “value of the service agreement for this support category” shall include all amounts that may reasonably be charged or invoiced by the Provider to a Potential NDIS Services Recipient over the life of the NDIS Plan, and where this cannot be reasonably and accurately ascertained, shall default to the cumulative total amounts nominated for that particular support or category of supports for the Potential NDIS Services Recipient, as outlined in the Potential NDIS Services Recipient’s NDIS Plan.
7.2.3 A reference in this clause 7.2 to “Clause 7.6 applies” shall mean that the Fee for that particular NDIS Plan Budget service category / supported area shall be calculated by reference to clause 7.6 below.
7.2.4 The Provider shall pay the Fee within fourteen days of an invoice being issued to the Provider.
7.3 A successful NDIS Participant Introduction in relation to NDIS Services is considered to have arisen from a NDIS Participant Introduction if the Potential NDIS Services Recipient was provided or referred to the Provider by or as a result of Care Decisions performing the Services, that Potential NDIS Services Recipient not having had multiple two way communications with the Provider in the ninety days prior to a NDIS Participant Introduction being provided to the Provider.
7.4 Failure to notify Care Decisions within 20 business days of signing of a service agreement, or acceptance of an equivalent agreement by the Provider, arising in connection with a NDIS Participant Introduction will incur a default fee, the default fee being equivalent to 5% of the Fee, payable and due on the same terms as the Fee.
7.5 Payments not made within fourteen days of the date of an invoice is issued under this clause 7, will accrue interest at a rate of 2.5% per month, from the date the payment was due.
7.6 Minimum and Maximum Fee
Nothwithstanding the Fee calculated by reference to clause 7.2, the following terms will apply if the NDIS Plan Budget service category / supported area shown in the table in clause 7.2 nominates that this clause 7.6 shall apply:
7.6.1 A minimum Fee of $1,000.00 ex GST shall apply for that successful NDIS Participant Introduction.
7.6.2 A maximum Fee of $4,500.00 ex GST shall apply for that successful NDIS Participant Introduction.
7.7 If a Potential NDIS Services Recipient has not been issued with a valid or approved NDIS Plan, or if that NDIS Plan has expired, at the time of provision of the NDIS Participant Introduction, then upon signing of a service agreement, or acceptance of an equivalent agreement by the Provider, arising in connection with a successful NDIS Participant Introduction and/or on confirmation by the Provider of an agreement being made with the Potential NDIS Services Recipient nominated or connected to a NDIS Participant Introduction, Care Decisions will issue an invoice to the Provider for payment of a deferred lump-sum professional marketing services Fee calculated as 10% of the value of NDIS Services to be provided within the twelve months following the commencement of provision of NDIS Services by the Provider.
7.8 Where an invoice is issued pursuant to clause 7.7 above, Care Decisions shall issue such further invoices or refunds on the date twelve months following the commencement of provision of NDIS Services by the Provider in order to ensure that the Fee paid by the Provider is commensurate with that calculated by reference to clause 7.7 above.
7.9 The Provider will be liable for any Fee calculated by this clause 7 in the event that they are in breach of clause 13.4 below, namely, the Provider transmits or transfers the details of a Potential NDIS Services Recipient, including but not limited to their personal information, to any third party without the explicit written permission of Care Decisions.
7.10 All amounts nominated in this clause 7 are expressed as being exclusive of Goods & Services Tax (GST).
7.11 This clause 7 is a material term of the Terms and Conditions.
8 DATA FEED
8.1 The Provider may offer to provide Care Decisions with new NDIS participant relationship status and related data by electronic data feed. If Care Decisions agrees to accept a data feed, the Terms and Conditions apply to both the data feed and the data contained in the data feed. In addition, the following provisions apply:
8.2 You represent that the data is true and accurate.
8.3 You warrant that:
8.3.1 you are authorised to establish the data feed with us, and to provide any data feed data to us;
8.3.2 the data feed, and any data feed data, does not infringe or violate any intellectual property rights or any legal or moral rights of any third party or any applicable laws;
8.4 You agree that we may, and you licence us to, use, disclose, display, rearrange or otherwise deal with any data feed data at any time and in any way that may be necessary or desirable for the purposes of our business. You warrant that you have the right to grant this licence and that all applicable consents, permissions and authorisations have been obtained from relevant third parties in relation to the data feed and the data feed data.
8.5 You agree that the indemnity in clause 12 applies in respect of a breach of the warranties and representations in this clause 8.
8.6 To the extent that any data transmitted to us via a data feed is personal information, you agree that clause 13 (privacy policy) applies and you warrant that all necessary and appropriate authorisations, consents and permissions have been obtained to enable Care Decisions to have full use of the data.
9 USE OF THE WEBSITE
9.1 The Website may provide the opportunity for a platform on which the Provider and/or Potential NDIS Services Recipients or users registered with Care Decisions may interact.
9.2 The Website may contain material or content uploaded, posted, emailed or otherwise electronically transmitted (posted) by users of the Website, including by you (Content).
9.3 Care Decisions reserves the exclusive right:
9.3.1 to access or examine any Content; and
9.3.2 at our discretion, move, remove or disable access to Content which we consider, in our sole opinion, to be unacceptable or otherwise breach any law.
9.4 By using and accessing the Website, you agree that you acknowledge that all communications are public and not private communications and you are solely responsible for any User Content posted by you and Care Decisions assumes NO responsibility or liability arising from the content of any such Content.
9.5 By using and accessing the Website, you agree that you will not do any of the following:
9.5.1 post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libellous, contemptuous, obscene, vulgar, pornographic, profane or indecent Content;
9.5.2 post, communicate or transmit content which violates or infringes the rights of any other person or party or infringes any law;
9.5.3 stalk, harass, or otherwise harm others;
9.5.4 inhibit or restrict any other use from using the Website;
9.5.5 post, communicate or transmit or use any material of any kind for commercial purposes, or which contains any promotional material or advertising, or any other forms of unsanctioned solicitation, including without limitation junk mail, spam, chain letters, or unsolicited mass distribution of email;
9.5.6 post any Content that contains a survey, contest, pyramid scheme or any improper question;
9.5.7 delete, circumvent or alter any author attribution, legal notices, rights management information or technological protection measures;
9.5.8 post, download or communicate any file or material posted by another user of the Website, if you know, or reasonably ought to know, that the file or content cannot legally be downloaded or communicated in that matter;
9.5.9 interfere with the computer systems which support the Website; overload a service; engage in a denial-of-service attack; or attempt to disable a host;
9.5.10 post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any other harmful, contaminating or destructive features;
9.5.11 access or attempt to access information resources you are not authorized to use;
9.5.12 collect or store personal data about other users of the Website;
9.5.13 impersonate or falsely represent your association with any person or organization; or
9.5.14 attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
9.6 You acknowledge that Care Decisions has no responsibility or liability for the deletion or failure to store any communications or content posted on the Website.
9.7 You acknowledge that Care Decisions may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website and you agree we are not liable to you or any third party for such variation, modification or discontinuance.
9.8 Care Decisions does not warrant that functions contained in the Website content, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or that Care Decisions or our hosting server, are free of viruses or bugs.
9.9 You understand and agree that Care Decisions may on its Website, upload or provide link(s) to marketing or sales material related to your provision of NDIS Services, including but not limited to prices, photos, reviews, sales brochures, marketing brochures, or marketing descriptions or feedback provided by Care Decisions users about you without your prior approval.
10 USER LICENSE AND CONSENT
10.1 You represent and warrant that all Content that you post is true, accurate and not confidential to or is not a trade secret or owned by any other person.
10.2 You represent and warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
10.3 You warrant that all Content posted by you is owned by you and our use of such Content does not infringe or violate intellectual property rights or any other rights of any third party. You license us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any Content posted by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this license.
10.4 You indemnify Care Decisions against any and all legal fees, damages and other expenses that may be incurred by Care Decisions as a result of a breach of the above warranties.
10.5 To the fullest extent of the law, you waive any moral rights in your Content for the purposes of its submission to and publication on the Website.
11 THIRD PARTY CONTENT & LINKS
11.1 The Website may include links to third party sites which are not related to Care Decisions and in relation to which Care Decisions has no control or interest. The appearance of those links on this site does not indicate any relationship between Care Decisions and that third party or any endorsement by Care Decisions of that third party, its site or the products or services which it is advertising on the Website.
11.2 The information on the Website is provided ‘as is’, without express or implied warranty. The inclusion of any link does not imply that we endorse the linked site. You use the information and links at your own risk.
12 INDEMNITY
12.1 You agree to defend, indemnify and hold harmless Care Decisions, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, loss, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website, or resulting from, or alleged to result from, your use of the Website, a breach of your representations and warranties or your violation of any of these Terms and Conditions.
12.2 You further agree to defend, indemnify and hold harmless Care Decisions, its officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with any dealings you have or instigate with any, clients, potential clients, providers, agencies and any other third parties.
12.3 You release and hold harmless, Care Decisions, from any liability, claim, harm, damage or loss that arises from your registration with Care Decisions or from Care Decisions’s activities.
13 PRIVACY POLICY
13.1 You must comply with the privacy policy.
13.2 Your registration and use of the Website is conditional on your agreement with, and complying with, the privacy policy. If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by the Terms and Conditions and our privacy policy you must not use the Website.
13.2 You may give us personal information including your name, email address, age, occupation, address, telephone number or in some instances, sales and financial details. You grant us consent to use your personal information in accordance with our privacy policy. Please click on this link to view our privacy policy.
13.3 In the provision of its Services, Care Decisions will provide you with personal information of members and users of Care Decisions – including but not limited to Potential NDIS Services Recipients. You shall comply with all applicable laws, including the Privacy Act 1988 (Cth) in relation to the personal information so provided.
13.4 The Provider is not permitted to transmit or transfer the details of a Potential NDIS Services Recipient, including but not limited to their personal information, to any third party without the explicit written permission of Care Decisions.
14 GENERAL
14.1 These Terms and Conditions constitute the entire agreement between us and you in relation to the Website and your use of the Website supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
14.2 The Provider agrees to keep all information it receives and collects in respect of a potential client confidential. Notwithstanding the forgoing, the Provider acknowledges that Care Decisions may disclose such information if required to do so by law, regulation or order of a court of competent jurisdiction only.
14.4 These Terms and Conditions are governed by the laws of the Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland.
14.5 If any of these Terms and Conditions are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
14.6 If we do not act in relation to a particular breach by you of these Terms and Conditions, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches.
14.7 Clauses 2, 3, 4, 5, 6, 7, 8.3-8.4, 9, 10.3-10.5, 11, 12, and 13 survive the termination of these Terms and Conditions.
14.8 You warrant that if you are an employee or agent of a provider and you register your employer or principal as a registered NDIS Participant Introduction Recipient with Care Decisions, you have the full authority to do so.
15 ELECTRONIC COMMUNICATION
15.1 Pursuant to the NDIS Participant Introduction Registration Form, or accepting a NDIS Participant Introduction, the Provider (including its nominated employees and agents) will be subscribed to our provider marketing email list.
15.2 Care Decisions may send the individual Provider employees or agents emails for sales and marketing opportunities, promotions, reminders and contests. Such emails may include marketing information about CareDecisions.com.au or selected business partners. If the recipient wishes to unsubscribe from this list, they may do so by visiting this link https://caredecisions.com.au/unsubscribe. In addition, each email sent to the provider marketing email list by Care Decisions will contain an unsubscribe link so the recipient can opt-out of that subscription.