Terms of Service
Published: 1-4-2018
Updated: 26-01-2024
1. Introduction
These Terms and Conditions govern the use of Kindship's services, including Barb, our AI-based NDIS Navigator, and your participation on the Kindship Platform. By using our services, you agree to comply with these Terms, our Service Agreement, and our Privacy Policy.
2. Acceptance of Terms
Your use of Kindship's services constitutes your binding acceptance of these Terms. We reserve the right to modify these Terms at any time, with changes effective upon posting to our website.
3. Description of Services
Kindship offers NDIS Plan Management services, which include access to Barb for personalised NDIS advice, budget management, plan understanding, and community interaction on the Kindship Platform.
4. Registration and Account Security
To access Barb and other services, you must register with Kindship. You are responsible for maintaining the security of your account and for all activities that occur under it.
5. Privacy and Data Protection
Our Privacy Policy outlines our data collection, use, and protection practices. We adhere to a Zero Data Retention policy for interactions with Barb, ensuring the privacy and security of your data.
6. User responsibilites
As a user, you agree to:
- Provide accurate and current information.
- Use our services for lawful purposes only.
- Respect the privacy and rights of other users.
- Monitor and manage your NDIS budget responsibly.
- Notify us promptly of any changes in your NDIS plan or circumstances.
7. Plan Management Services
We offer comprehensive NDIS plan management, including:
- Invoice processing and budget tracking.
- Communication with NDIS providers and the NDIA.
- Providing tools and resources for effective plan management.
8. Intellectual Property
All content, technology, and software related to Kindship and Barb are our proprietary intellectual property. Unauthorized use, reproduction, or distribution is strictly prohibited.
9. Service Limitations
While we strive to provide uninterrupted service, we cannot guarantee continuous access to our services or the Kindship Platform. We are not responsible for any service interruptions or losses incurred as a result.
10. Termination and Suspention
We reserve the right to terminate or suspend your access to our services for any breach of these Terms.
11. Liability and Indemnification
You agree to indemnify and hold Kindship harmless from any claims, losses, or damages arising from your breach of these Terms or misuse of our services
12. Consumer Guarantees
Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").
- Where you as a Consumer acquire goods or services under these Terms and the goods or services are PDH Goods or Services, the operation of the Consumer Guarantees cannot be excluded, restricted, or modified.
- Where the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee to repairing or replacing goods, or in the case of services, re-supplying or paying the cost of re-supplying the services. We do not limit the operation of the Consumer Guarantees under any other provision of these Terms.
13. Complaints and Dispute Resolution
Any complaints should be directed to our support team. We are committed to resolving disputes amicably and efficiently.
14. Governing Law
These Terms are governed by the laws of South Australia, and any disputes will be resolved under the jurisdiction of South Australian courts.
15. Entire Agreement
These Terms, together with our Service Agreement and Privacy Policy, constitute the entire agreement between you and Kindship regarding the use of our services.
16. Contact Information
For any queries or concerns regarding these Terms, please contact us using the details provided on our website.