What is this Agreement?
This is a legally binding agreement that sets out the terms and conditions between You as the NDIS participant and Us as the registered Plan Manager. The second part of the Agreement sets out the terms for using the Kindship Platform.
The Agreement contains legal words so if You need assistance understanding anything please ask Us for help or get help from someone You know. Where a word has a capital letter there is an explanation of what it means in the definitions at the end of the Agreement.
We will change and update these terms from time to time by putting them on Our website or letting You know through email or the Kindship Platform. The new terms continue to apply to this Agreement. If there are any significant changes to the terms We will let You know what they are.
What will we do?
Starting and ending this Agreement
This Agreement starts when You accept it. It ends either 30 days after You or Us tells the other that they want to end the Agreement (You can tell us by email) or it will end immediately if one of the important terms of the Agreement has been broken. We can also agree to end it earlier at Your request if We choose to.
What are You agreeing to?
By accepting this Agreement you are agreeing to the following:
That We will manage the funding for supports under your Plan. You agree to provide Us with, or allow Us access to, Your Plan, budget and Your support categories. You need to tell Us if We are managing Your Plan wholly oronly in part.
That We will be paid by the NDIA. This may include a setup payment and an ongoing monthly payment. These costs do not come out of money for Your supports and the amounts are set by the NDIA not by Us.
If You have an Authorised Person You need to tell us who they are, their contact details, if there are any limitations on their role and if the person or their contact details change.
That You will tell Us straight away when anything else changes. This includes when Your Plan changes, if Youstop being a NDIS participant, if Your Plan is suspended or any restrictions are placed on it and if Your contact details change.
That You will tell us when You start to use a new Support Provider or stop using a Support Provider. You will also give Us copies of any service agreements that You make with Support providers that are not managed through the Kindship Platform.
That You will treat Us, Our staff and other members of the Kindship community with courtesy and respect.That You will tell Us if something serious happens that relates to Your Plan or Our role as Plan Manager. This includes things like if You become bankrupt or if there is a Reportable Incident.
That You will monitor Your budget to make sure that You do not overspend. We will provide You tools through the Kindship Platform so you can monitor Your budget spend, but we are not responsible if You overspend.
That We can contact You to discuss Our services and for marketing purposes. We may contact You by phone, email or through the Kindship Platform.
What are We agreeing to?
We are agreeing to provide You plan management services and to follow all applicable Laws that relate to doing this. These include the NDIS Act, Australian Consumer Law and privacy laws. We will follow NDIS guidelines, the code of conduct, practice standards and policies which set out what we must do in areas such as incident reporting, complaints and privacy. These policies can be found on our website.
We will make sure that You can monitor Your NDIS budget and provide at minimum monthly updates on Your budget.
We will communicate with You honestly, with respect and in a timely manner. We will listen to Your feed back and do Our best to resolve any problems that You experience.
Working with Support Providers
Our role as Your Plan Manager is to help manage Your NDIS budget and to make payments to SupportProviders for the services that they have provided to You. We are not responsible for the quality or accuracy of the service or information provided by the Support Providers. If You are unhappy about the service provided by a Support Provider You can discuss this with Us and We will try to help resolve the issue but You will need to discuss directly with the Support Provider who is responsible for their service to You.
We will do our best to ensure that the ABN and bank details of Support Providers are legitimate and verified before commencing payments to them.
The NDIS allows You to choose whether You access services from registered or unregistered providers. Our role as Plan Managers is to ensure that payments for these services are made in alignment with Your plan and theNDIS rules.
After a Support Provider has provided services to You that are covered by Your NDIS plan, You or the SupportProvider needs to send an invoice to Us. You can send these to email@example.com. You need to tell the Support Provider how to send Us invoices and what information needs to be included with those invoices. Our guidelines on invoices can be found here.
Within 5 business days of receiving an invoice in the correct format We will check whether the invoice is fora support under Your Plan and that there are sufficient funds in Your budget to cover it. We will then lodge a claim for the invoiced amount on the NDIS portal. We aim to do this within 3 business days of receiving a correct invoice.
If You want to get reimbursement for a payment made under Your NDIS Plan that is not managed through UsYou will need to provide us with the same information as We require for invoices.
We will organise payment to the Support Provider or reimbursement of You within two business days of us receiving the money for the payment from the NDIA.
Where a payment is not approved by the NDIA, We will communicate this with You and Your Support Provider and provide assistance to understand why this has occurred and how it may be resolved
You are also consenting to Your personal information, which includes sensitive health information, being provided to the Kindship community through the Kindship Platform. The purpose of collecting and sharing this information is to help all of Our members support each other and provide recommendations or information about their experiences. By accepting this Agreement You are consenting to sharing information from YourPlan and invoices such as, but not limited to, provider, type of service, goals, amounts, diagnosis, child age and frequency of treatment. If You would like to understand the information that will be shared or if You would prefer to have this information shared de-identified or to opt-out of having Your information shared please contact Us by email.
As part of being a Plan Manager We are required to be audited. By accepting this Agreement You are also consenting to being contacted as part of an audit to discuss Your experiences dealing with Us. You can let Us know if You don’t want to be contacted in this way.
You can find information about Our complaints policy here. If You want to make a complaint You can email usand We will do Our best to resolve the complaint. If You aren’t happy with how We handle Your complaint or don’t want to speak to Us, You can contact the NDIS Quality and Safeguards Commission by phone on 1800 035554. You can get more information about this here.
You can find information about Our incidents policy here. If You experience a Reportable Incident or anyother concern with Your safety or wellbeing We ask that You report these to Us by email. We have an incident management system in place and are obligated to notify the NDIS Commission within 24 hours of becoming aware of an incident and to keep records of those incidents.
For the purposes of GST legislation You and We agree that a supply of supports under this Agreement isa supply of one or more of the reasonable and necessary supports specified in the statement included in subsection 33(2) of the NDIS Act in Your NDIS Plan currently in effect under section 37 of the NDIS Act.
Australian Consumer Law might apply to this agreement and the services provided by Us to You. This may mean that certain guarantees and warranties in relation to the services that We supply cannot be excluded, restricted, or modified except under limited circumstances. To the full extent permitted under AustralianConsumer Law if it applies to this Agreement We exclude all conditions, guarantees and warranties that We are permitted to by Law.
We will deliver Our services to You through the Kindship Platform. By accepting this Agreement We are grantingYou a limited, non-exclusive and revocable licence to access and use the Kindship Platform provided that you follow these terms.
To access parts of the Kindship Platform You will need to create an account. To register and for Us to confirmYour identity and eligibility You agree:
- To provide Us with information that We request to verify Your identity.
- That You are responsible for any information that You enter into the Kindship Platform.
- That if You are under 18 You will not use the Kindship Platform.
- That if You are an Authorised Person accessing the Kindship Platform on behalf of another person, You
- warrant that You have the authority of that person to provide their information and to bind them to these terms and conditions.
Availability of and access to Kindship Platform
We will take all reasonable steps to make sure that You do not have interruptions to Your use of the Kindship Platform and where access to the Kindship Platform or part of it needs to be stopped for a period of time, such as for maintenance or upgrades, We will give You reasonable notice of that happening and make sure that You can still contact Us by email or phone during that period.
You acknowledge and agree that We can’t guarantee that the Kindship Platform will be free from errors or not have suspended service from time to time. In particular we can’t guarantee that third-party services that are outside of our control will be continuous or error-free.
You agree that You will have the most updated version of any app, browser, software or operating system on the devices You use to access the Kindship Platform.
We may revoke, suspend or end Your account and licence to use the Kindship Platform or a part of it at anytime at Our discretion. If We cancel your account We will deal with any of Your data that we have according to any applicable Law. Suspension or cancellation of your licence or account does not affect the other terms and conditions of this Agreement that are intended to continue after the Agreement ends.
Information and links
The Kindship Platform is used by the Kindship community and has a lot of content that We don’t create but that is created by other users. We do our best to monitor the content but We are not responsible or liable for content put on the Kindship Platform by other users or third parties including Support Providers. We can’t guarantee that information on the Kindship Platform is accurate or complete.
For content that You put on the Kindship Platform You agree to grant Us a non-exclusive, worldwide, royalty-free, transferable sub-licensable license to use, reproduce, modify, adapt, publish, display, distribute, transmit and exploit. In simple terms this means that We can use that content without having to ask or pay You to do so.
You agree that the content provided will not infringe upon the intellectual property rights or other proprietary rights of any third party. You acknowledge that We may exercise Our rights under this license for the purposes of operating, promoting, marketing, and improving the Kindship Platform, including but not limited to displaying the content within the Kindship Platform, making it accessible to other users, and incorporating it into derivative works, features, or functionalities of the Kindship Platform. In simple terms this means that content You put ontothe Kindship Platform is Yours but We can use it for the services We provide including improving the Kindship Platform.
Information and links
We want the Kindship community to be a safe place where participants support each other. As part of this by using the Kindship Platform You agree to acceptable use policies including:
- To ensure that Your use of the Kindship Platform does not violate any Laws or the rights of any third parties.
- To not post, upload, transmit, or otherwise distribute any content on the Kindship Platform that is illegal, harmful, offensive, abusive, defamatory, infringing, or otherwise objectionable. This includes content that promotes discrimination, hatred, violence, or any form of illegal activity.
- That You will respect the privacy rights of others and refrain from collecting, storing, or sharing personal information of other users without their explicit consent. Also, You agree that You will not engage in any activities that violate any privacy or other Laws.
We have spent a lot of time developing the Kindship Platform with the Kindship community and want to keep it safe and functional.
You agree that You will not engage in any activities that may compromise the security, integrity, or availability of the Kindship Platform or its users. This includes but is not limited to hacking, introducing viruses or malicious code or attempting to gain unauthorised access to accounts, systems, or data associated with the Kindship Platform.
You also agree not to engage in any actions on the Kindship Platform that could disrupt or interfere with its operation or the experience of other users. This includes but is not limited to spamming, phishing, distributing unsolicited commercial messages or engaging in any form of unauthorised advertising or solicitation.
You agree that We own all Intellectual Property related to Us and the Kindship Platform. This Agreement or the licence to use the Kindship Platform does not give You any right to Our intellectual property.
You agree that You will not directly or indirectly, use, reproduce, copy, imitate, replicate, distribute, transmit, display, publish, or otherwise exploit any of Our Intellectual Property. You agree that You will not engage in any modification, alteration, reverse engineering, decompiling, disassembling, or tampering with Our IntellectualProperty including the Kindship Platform and its parts. You also agree that you will not sublicense, assign, transfer, or re-license Our Intellectual Property to any third party, whether for commercial or non-commercial purposes. In simple terms You will use the Kindship Platform for what it is intended to be used for - supportingYou and the Kindship community having a better lived experience of disability - and not use it for any other purposes.
You acknowledge that doing any of these things may cause irreparable harm to Us. If You become aware of any unauthorized modification, alteration, or re-licensing of our Intellectual Property You will let Us know immediately and take any reasonable steps that You can to prevent or stop these activities.
Liability and Indemnities
You agree that You are using the Kindship Platform at Your own risk and that for both the Kindship Platform and the services that We provide to You, You are responsible for the information You provide to Us. We rely on the information that You and third parties such as Support Providers give to Us and You agree that We are not liable if that information is incorrect.
We are not a medical provider or Support Provider and You cannot rely on information provided by Us or other users of the Kindship Platform as medical advice. We are not liable for any illness, injury or death caused by Your use of the Kindship Platform, content on the Kindship Platform or the services of a Support Provider or for any other direct, indirect, incidental or consequential loss or damages including to You personally, Your data or the devices You use to access the Kindship Platform.
You agree to Indemnify us against damages, claim or loss that We suffer as a result of any breach of thisAgreement by You.
You also agree that We will not be liable for any delay or failure by Us to perform this Agreement and provide services to You where that failure or delay is beyond the reasonable control of Us or You or where it is caused by an event or circumstances that were not reasonably foreseeable.
• Reliance on representations
• Waiver of rights
The non-exercise of, or delay in exercising, any power or right under this Agreement does not operate as a waiver of that power or right. No single exercise of a power or right precludes any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the partyto be bound by the waiver. This means that just because You or Us have not chosen to do something under thisAgreement that could be done, such as enforcing a term, it doesn’t mean that You or Us can’t do that in the future.
• Applicable law
This Agreement is governed by the law in force in South Australia. The parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts which may hear appeals from those courts in relation to any proceedings in connection with this Agreement. This means that if there is a dispute it needs to be resolved in South Australia’s court system.
• Invalid clauses
Any part of this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction if possible or if cannot be read down, is to be severed to the extent of the invalidity or unenforceability for the purposes of that jurisdiction, so as to be valid and enforceable in that jurisdiction.This means that if there is a problem with part of this Agreement the rest of the Agreement still works.
You may not assign or create an interest in this Agreement unless We provide Our written consent. We mayassign or create an interest in this Agreement by giving You written notice.
In this Agreement unless the context otherwise requires:
a reference to any Law includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under, that legislation or legislative provision;
the singular includes the plural and vice versa;
a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;
a reference to any gender includes all genders;
a reference to a clause is to a clause of this Agreement;
a reference to any agreement or document is to that agreement or document (and, where applicable, any ofits provisions), as amended, novated, supplemented or replaced from time to time;
a reference to any party to this Agreement, or any other document or arrangement, includes that party’s executors, administrators, substitutes, successors and permitted assigns;
where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
where an expression is defined anywhere in this Agreement it has the same meaning throughout
ABN means Australian Business Number, a numb er provided to businesses in Australia to identify them.
ACN means Australian Company Number, a number provided to companies in Australia to identify them.
Australian Consumer Law means the law applicable to consumer transactions under the Competition andConsumer Act 2010 (Cth) and similar legislation in each State and Territory of Australia.
Authorised Persons means a nominee, guardian or other person who You have given permission to act on Yourbehalf in relation to your NDIS Plan.
Indemnify means to agree to compensate someone for losses or damages that they suffer.
Intellectual Property includes but is not limited to trademarks, trade names, service marks, logos, patents,copyrights, trade secrets, proprietary information, designs, software code, algorithms, data, and any otherintangible assets that may be protected under applicable Laws.
Kindship Group means Kindship Group Pty Ltd (ACN 648 460 646) and its subsidiary companies KindshipServices Pty Ltd (ACN 661 275 592), Kindship Pty Ltd (ACN 625 713 724) and Kindship Premium Services Pty Ltd(ACN 662 497 092).
Kindship Platform means the apps, software, websites and any other information technology including updates that We use from time to time to communicate and deliver Our services to You and which may contain code, software or services owned or operated by third parties and/or licensed to Us for Our use.
Law/s means any applicable laws, rules, regulations and by-laws of the Commonwealth, State or other relevant jurisdiction including statute, ordinance, code, regulations or other instruments under it and consolidations, amendments, re legislation, enactments or replacements to any of them, as well as the rules of general law, common law and equity.
NDIA means National Disability Insurance Agency.
NDIS Act means the National Disability Insurance Scheme Act 2013, subordinate legislation and rules made
under that act as modified from time to time.
NDIS participant means a person that is approved as a participant under Part 1 of the NDIS Act.
Plan means a plan in effect under section 37 of the NDIS Act.
Plan Manager means Us as a registered provider managing the funding of supports under participants plans pursuant to section 73E(2)(a) of the NDIS Act.
Reportable Incident means:
(a) the death of a person with disability; or
(b) serious injury of a person with disability; or
(c) abuse or neglect of a person with disability; or
(d) unlawful sexual or physical contact with, or assault of, a person with disability; or
(e) sexual misconduct committed against, or in the presence of, a person with disability, including
grooming of the person for sexual activity; or
(f) the use of a restrictive practice in relation to a person with disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person.
Support Provider means a person that is registered under Part 3A Division 2 of the NDIS Act.
You and Your means You, the NDIS participant that is entering into this Agreement whether it is yourself or your
Authorised Person that is signing the Agreement.
Us and We means Kindship Premium Services Pty Ltd (ACN 662 497 092).