Terms & Conditions

‍
Published: 1-4-2018
Updated: 07-10-2024

1. Introduction

These Terms and Conditions govern the use of Kindship's services, provided by Kindship Group Pty Ltd (ACN 648 460 646) and its subsidiary companies Kindship Pty Ltd (ACN 625 713 724) and Kindship Premium Services Pty Ltd (ACN 662 497 092), collectively operating as Kindship (referred to as "we", "us", or "our"). Our services include our AI-based NDIS Navigator, Barb, NDIS Drop-in Sessions, and your participation on the Kindship Platform. By using our services, you agree to comply with these Terms, the NDIS Plan Management Service Agreement, and our Privacy Policy.

2. Acceptance of Terms

Your use of Kindship's services constitutes your acceptance of these Terms. We reserve the right to modify these Terms at any time. In the event of significant changes, we will notify you via email or in-app notifications. Changes will become effective upon posting to our website or as specified in the notification.

3. Description of Services

Kindship offers NDIS Plan Management services, including but not limited to:

  • Access to Barb: Our AI-based NDIS Navigator for personalised advice, budget management, and plan understanding.
  • Community Interaction: Engage with other users on the Kindship Platform.
  • NDIS Family Strategy Drop-In Sessions: Strategic guidance and support to help families navigate NDIS challenges, optimise their plans, and prepare for plan reassessments or variations. This service includes advisory support and administrative assistance with documentation and budget optimisation.
  • Additional Tools and Resources: We provide various tools and resources to assist with effective NDIS plan management.

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. By using our services, you agree to the terms outlined in our Privacy Policy, which can be found on our website.

6. User Responsibilities

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. Kindship provides tools and sends budget-related notifications to assist you, but it is ultimately your responsibility to ensure your budget is on track.
  • Notify us promptly of any changes in your NDIS plan or circumstances.‍
  • Consent to Communication: By signing up and accepting our Terms and Conditions, Service Agreement, and Privacy Policy, you consent (opt-in) to receive communications from us, including marketing materials. Your consent is important, and you have the flexibility to opt out of receiving these communications at any time by unsubscribing from our mailing list or adjusting your preferences within the App.

7. Plan Management Services

We offer comprehensive NDIS plan management, which includes:

  • Invoice processing and budget tracking.
  • Communication with NDIS providers and the NDIA.
  • Providing tools and resources for effective plan management.

8. NDIS Family Strategy Drop-In Sessions

Fees:

  • A non-refundable deposit of $7 is required to secure your booking.
  • The initial session is charged at $77 per hour, which includes the non-refundable deposit of $7.
  • Invoice for the initial session will be sent after the session.
  • After the initial planning session, you will receive an estimated quote based on the work to be completed.
  • These costs are claimable under the Parent/Carer Training line item (15_038_0117_1_3) of the NDIS Capacity Building budget.

Service Agreement:

  • Opting into NDIS Family Strategy Drop-In Sessions constitutes a separate service agreement from Kindship’s standard NDIS plan management support.
  • You will receive a detailed scope and quote, which you can adjust or decline after the planning session.

Cancellation and Rescheduling Policy:

Cancellation:

  • $7 Deposits are non-refundable.
  • Kindship will charge a $77 cancellation fee if the participant does not turn up to a service or cancels less than 24 hours before the scheduled session.

Rescheduling:

  • Use the rescheduling link to reschedule the session at least 24 hours before the scheduled session to reschedule without penalty.
  • Rescheduling requests made less than 24 hours prior will result in the $77 cancellation fee being applied.
  • Rescheduling is subject to availability and operates on a first-come, first-served basis.

‍

Consent for Communication with NDIS Providers:

  • We may need to communicate with your NDIS support team (e.g., therapists, support workers) to coordinate services effectively.
  • A consent form will be provided after the initial planning session if necessary.

9. Intellectual Property

All content, technology, and software related to Kindship and Barb are our proprietary intellectual property. Unauthorised use, reproduction, or distribution is strictly prohibited.

10. 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.

11. Termination and Suspension

We reserve the right to terminate or suspend your access to our services for any breach of these Terms.

12. Liability and Indemnification

To the extent permitted by law, 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.

13. Consumer Guarantees

Under Australian Consumer Law, certain statutory guarantees apply to the supply of goods or services. Nothing in these Terms excludes or limits the operation of these guarantees. Where permitted by law, our liability for failure to comply with a statutory guarantee is limited to re-supplying the services or paying the cost of having the services re-supplied.

14. Dispute Resolution

We are committed to resolving disputes amicably and efficiently. If you have a complaint or dispute, please follow this process:

  1. Contact Us: Reach out to our support team via email at hello@kindship.com.au or phone at 1300 057 084 with details of your complaint.
  2. Acknowledgement: We will acknowledge your complaint within two business days.
  3. Investigation: We will investigate your complaint and may request additional information.
  4. Resolution: We aim to provide a resolution or response within ten business days after receiving all necessary information.
  5. Escalation: If you are not satisfied with our response, you may request that the matter be escalated to a senior manager.
  6. External Resolution: If the issue remains unresolved, you may refer the matter to an external dispute resolution body, such as the NDIS Quality and Safeguards Commission for NDIS-related issues or the Office of the Australian Information Commissioner (OAIC) for privacy-related concerns.

15. Governing Law

These Terms are governed by the laws of South Australia. If you access our services from outside South Australia, local laws may apply. We will work with you to resolve any disputes in accordance with applicable laws. Any disputes arising under these Terms will be subject to the jurisdiction of the courts of South Australia.

16. 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.

17. Contact Us

If you have any questions or concerns, please contact us:

Address:

Suite 17, Stone & Chalk Startup Hub
Lot Fourteen, North Terrace
ADELAIDE SA 5000

General Inquiries Email: hello@kindship.com.au
Member Support Email: members@kindship.com.au

Phone: 1300 057 084

‍

Definitions

  • ACN: Australian Company Number, a unique nine-digit number issued by the Australian Securities and Investments Commission (ASIC) to every company registered under the Commonwealth Corporations Act 2001.
  • AI-based NDIS Navigator, Barb: Our artificial intelligence service that provides personalised advice, budget management, and plan understanding for NDIS participants.
  • Kindship Group: Kindship Group Pty Ltd (ACN 648 460 646) and its subsidiary companies Kindship Pty Ltd (ACN 625 713 724) and Kindship Premium Services Pty Ltd (ACN 662 497 092).
  • Kindship Platform: 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.
  • NDIS: National Disability Insurance Scheme.
  • NDIA: National Disability Insurance Agency.
  • We, Us, Our: Refers to Kindship Group Pty Ltd and its subsidiary companies.
  • You, Your: Refers to the user of our services.

‍

‍

‍