Introduction

Welcome to Independent Disability Support Workers Australia (IDSWA) ("business", "we", "our", "us")! These Terms and Conditions ("Terms") govern your access to and use of our website and the business development program and other services provided ("Services").

By accessing or utilizing our Services, you agree to be legally bound by these Terms and acknowledge the inherent risks associated with the operation and management of a business. If you do not agree with any part of these Terms, you do not have the authorization to access the Services. By accessing our Services, you affirm that you have reviewed and consented to these Terms.

Services

IDSWA provides consulting and educational services specifically tailored for support workers, which encompass, but are not limited to, resources on business management, client file management, invoicing in accordance with NDIS pricing arrangements, and adherence to the relevant laws and regulations of the NDIS scheme. The scope of Services is detailed on our website and communicated directly by our team.

User Accounts

By creating an account with us, you warrant that the information you provide is accurate, complete, and current. Failure to comply constitutes a material breach of these Terms, which may result in the immediate termination of your account, without prior notice.

Intellectual Property

The Services and all original content, features, and functionality thereof are and shall remain the exclusive property of IDSWA and its licensors. Unauthorized use, reproduction, or distribution of intellectual property is prohibited.

User Conduct

You agree to refrain from using the Services in any manner that:

Violates applicable laws or regulations.

Causes harm or exploitation of minors.

Involves sending unsolicited advertising or promotions.

IDSWA reserves the right to seek damages for the unlawful distribution of intellectual property. Breach of this provision may result in a minimum fine of AUD $3,000, in addition to compensation equal to the cost of the service multiplied by the number of unauthorized distributions.

Termination

We reserve the right to terminate or suspend your account and restrict access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, but not limited to, a breach of these Terms.

Limitation of Liability

To the maximum extent permitted by applicable law, IDSWA and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Australia.

Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Compliance with Australian Consumer Laws

IDSWA is committed to complying with all applicable Australian consumer laws, including but not limited to the Australian Competition and Consumer Commission (ACCC) regulations and the Australian Consumer Law (ACL). We ensure that our practices, policies, and procedures adhere to the standards set forth by these regulatory bodies to protect your rights as a consumer. If you have any concerns regarding your rights under Australian consumer law, please contact us for further information.

Assumption of Risk

You acknowledge that your participation in the use of our Services is voluntary and you assume all risks associated with the operation and management of a business.

Refund Policy

All payments for our Services are non-refundable, unless otherwise stated in a specific promotion on our site. We reserve the right to investigate refund requests on a case-by-case basis.

Service Guarantee

From time to time, we may offer a service guarantee due to specific promotions. This guarantee applies solely to the promoted products or services. No guarantees are promised or should be expected for marketing programs or other services.

Billing/Payments

All billing and payments are to be made by the due date specified on the invoice. Failure to make timely payments will result in a $500 service fee and an ongoing annual late payment fee equal to inflation. Unresolved payments may be referred to a debt collection agency, in which case you will be liable for the debt collection fees, the outstanding invoice, and any associated costs of debt recovery.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remaining Terms, which shall remain in full force and effect.

Entire Agreement

These Terms, along with any other legal notices and agreements published by IDSWA, constitute the entire agreement between you and IDSWA regarding the use of the Services, superseding any prior agreements between you and IDSWA. Any contractual agreements whether in writing or implied are legally binding in the event of an exchange of services.

No Waiver

IDSWA’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment

IDSWA may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer any rights or obligations under these Terms without IDSWA’s prior written consent.

Notices

Any notices or other communications provided by IDSWA under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Force Majeure

IDSWA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IDSWA’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Engaging in any unlawful or fraudulent activity.

Harassing, threatening, or defaming others.

Interfering with the proper functioning of the Services.

Accessing or using the Services for any purpose other than that for which we make the Services available.

Engaging in any conduct that restricts or inhibits any other user from using or enjoying the Services.

Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA). The arbitration shall be conducted in English and the seat of arbitration shall be Australia.

User-Generated Content

By submitting any content (including but not limited to text, images, video, and audio) to IDSWA, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. Your privacy is important to us.

Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by IDSWA. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Data Security

We implement and maintain reasonable security measures to protect your personal data from unauthorized access, use, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to overcome security measures.

Cookie Policy

We use cookies to enhance your experience on our website. By continuing to use our Services, you agree to our use of cookies as described in our Cookie Policy. You can manage your cookie preferences through your browser settings.

Governing Language

The governing language of these Terms and Conditions is English. In the event of a conflict between translations of these Terms, the English version shall prevail.

Contact Us

For any questions about these Terms, please contact us at [email protected]