Current Care

Privacy Policy

1. Introduction 

1.1 Hwa Jin Song Hale (ABN 14 244 330 545) trading as Current Care (We, Us, Our) recognises the importance of protecting the privacy and the rights of individuals in relation to their personal information. 

1.2 This Privacy Policy sets out Our commitment to protecting the privacy of your personal information and how it is collected whether through Our website (Site), directly from you or otherwise.

 

1.3 We respect your rights to privacy under the Privacy Act 1988 (Cth) (Privacy Act) and the Australian Privacy Principles, and We manage the collection and disclosure of your personal information in accordance with these requirements.

 

1.4 We also uphold your rights to privacy if you are based in the European Union, in accordance with the General Data Protection Regulation (EU) (GDPR). Your rights under the GDPR are listed in clause 11. 

1.5 If you do not wish to provide personal information to Us, then you do not have to do so. However, this may affect your use of this Site or Services offered on it.

2. What is your personal information?

2.1 When used in this Privacy Policy, the term “personal information” has the meaning given to it under the Privacy Act and GDPR. 

2.2 In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. 

2.3 If the information We collect personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information. 

2.4 We may also collect some information that is not personal information because it does not identify you or anyone else. For example, We may collect anonymous answers to surveys or aggregated information about how users operate on Our Site.

2.5 Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy. 

3. What information we may collect from you

3.1 We may collect the following personal and sensitive information from you:

a. names; 

b. email addresses;

c. telephone numbers;

d. NDIS number; 

e. billing, mailing, business and/or residential address;

f. business or company numbers and names; 

g. banking, credit card, or other online payment details to process purchases; 

h. date of birth;

i. various forms of identification;

j. profession or occupation;

k. medical information; 

l. emergency contact details, including next of kin;

m. employment status;

n. primary language spoken;

o. marital status; and 

p. health information, including information pertaining to physiological, mental and physical disabilities. 

3.2 We collect personal and sensitive information about you so that We can perform Our business activities and functions and to provide best possible quality of customer service.  We collect, hold, use and disclose your personal information for the following purposes: 

a. to provide our Services to you; 

b. to allow Us to conduct Our business functions;

c. to ensure the safety and wellbeing of persons within our care;

d. to conduct internal record keeping;

e. to identify and understand user needs;

f. to enable Us to process your personal data;

g. to personalise and customise your experiences on Our Site;

h. to provide the highest level of support to persons within our care;

i. to send communications requested by you;

j. to answer enquiries and provide information or advice about existing and new Services;

k. to conduct market research, business development and marketing activities (including direct marketing);

l. to send you promotional information about Our Services and about third parties that We think you may find interesting; 

m. to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority; 

n. to contact you; 

o. to book appointments;

p. for Our internal administrative, marketing and planning requirements; 

q. to confirm and reschedule appointments; and

r. for the purpose of conducting Our research.

4. How do we collect your personal and/ or sensitive information? 

4.1 We collect your personal and sensitive information directly from you unless it is unreasonable or impracticable to do so. When collecting personal information and sensitive information from you, We may collect it in ways including:

a. when you make an enquiry about Our Services; 

b. when you fill in any of Our forms; 

c. through your access and use of Our Site;

d. during conversations between you and Our representatives or through any other means or platforms, including social media; 

e. when you ask to be placed on one of Our mailing lists; 

f. when you become a client or customer of Ours or otherwise use Our Services; 

g. when you use or access Our social media pages, which may be collected through use of web analytics tools, 'cookies' or other similar tracking technologies that allow Us to track and analyse your Services usage;

h. when you visit any links shared via Our social media posts, emails or other landing pages. 

5. What happens if we can’t collect your personal and/ or sensitive information?

5.1 If you do not provide Us with the personal and/ or sensitive information described above, some or all of the following may happen:

a. We may not be able to provide Our Services to you, either to the same standard or at all;

b. We may not be able to provide you with information about Services that you may want, including information about special promotions; or

c. We may be unable to tailor the content of Our Site to your preferences and your experience of Our Site may not be as enjoyable or useful.

6. Our Site

Site User Tracking Experience 

6.1 We may use tracking software to review and improve your experience of Our Site, Surveys and landing pages. In particular, We may use Facebook Pixel, Infusionsoft, Active Campaign, Google Analytics, YouTube, etc.

 

6.2 When visiting Our Site, the Site server makes a record of the visit and logs the following information for statistical and administrative purposes:

a. the user’s server address – to consider the users who use the Site regularly and tailor the Site to their interests and requirements;

b. the date and time of the visit to the Site – this is important for identifying the Site’s busy times and ensuring maintenance on the Site is conducted outside these periods;

c. pages accessed and documents downloaded – this indicates to Us which pages or documents are most important to users and also helps identify important information that may be difficult to find;

d. duration of the visit – this indicates to Us how interesting and informative Our Site is to users; 

e. the type of browser used – this is important for browser specific coding; and

f. in order to optimise Our Site and better understand it’s usage, We collect the visiting domain name or IP address, computer operating system, browser type and screen resolution.

6.3 We may use advertising products, such as Remarketing with Facebook, Google Analytics and Google Analytics Demographics and Interest Reporting. Google Analytics collects data about Our Site traffic via Google Advertising cookies and anonymous identifiers. 

6.4 Data collected via these Google products is not linked with any personally identifiable information you submit while on Our Site. If you wish to opt out of the Google Analytics data collection, you may do so on Google's Site at tools.google.com/dlpage/gaoptout.

Cookies

6.5 When you access Our Site, We may send a “cookie” (which is a small summary file containing a unique ID number) to your computer. This enables Us to recognise your computer and greet you each time you visit Our Site without bothering you with a request to register. It also enables Us to keep track of the Services you view so that, if you consent, We can send you news about those Services. 

6.6 We also use cookies to measure traffic patterns, to determine which areas of Our Site have been visited and to measure transaction patterns in the aggregate. 

6.7 We use this to research Our users’ habits so that We can improve Our online Services. Our cookies do not collect personal and/ or sensitive information. If you do not wish to receive cookies, you can set your browser so that your computer does not accept them. We may log IP addresses (that is, the electronic addresses of computers connected to the Internet) to analyse trends, administer the Site, track users’ movements, and gather broad demographic information. 

6.8 The Site may contain content and sharing tools embedded from various social networks, such as Facebook. These suppliers may use and place cookies on your device. We do not have access to, and cannot control, these cookies or the personal data and information that they may collect. You therefore need to check the websites of these suppliers to get further information on how they manage cookies and what information their cookies collect.

Security

6.9 As Our Site is linked to the Internet, and the Internet is inherently insecure, We cannot provide any assurance regarding the security of transmission of information you communicate to Us online.

 

6.10 We also cannot guarantee that the information you supply will not be intercepted while being transmitted over the Internet. Accordingly, any personal information or other information which you transmit to Us online is transmitted at your own risk.

Links

6.11 We provide links to websites outside of Our Site, as well as to third party websites. These linked sites are not under Our control, and We cannot accept responsibility for the conduct of any companies, businesses, affiliates, advertisers and sponsors, linked to Our Site. 

6.12 Before disclosing your personal and/ or sensitive information on any other website or to any third party, We advise you to examine the terms and conditions of using that website and its privacy policy. Third party websites are responsible for informing you about their own privacy practices. 

7. Who do we disclose your information to?

7.1 We may disclose your personal and/ or sensitive information to:

a. Our directors, employees, agents, contractors or service providers, including, without limitation, consultants web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors, for the purposes of operating Our Site or Our business, fulfilling requests by you, and to otherwise provide Services to you;

b. suppliers and other third parties, such as fishing charter companies, with whom We have commercial relationships, for business, marketing, and related purposes, which may include overseas parties; 

c. credit reporting agencies and courts, tribunals, regulatory authorities where customers fail to pay for goods or services provided by Us to them, and other law enforcement officers as required by Law; and

d. any other organisation for any authorised purpose with your express consent.

7.2 We only disclose this information if the third party has agreed to comply with the standards in Our Privacy Policy. 

7.3 If there is any change or potential change to the control of Our business pursuant to the sale, assignment or transfer of the business, or business assets, its assets and/or liabilities, We reserve the right to sell, assign and/or transfer Our user databases, together with any personal, sensitive and non-personal information contained in those databases to the extent permitted by law. In that event, your personal and sensitive information may be disclosed to a potential purchaser, assignee or transferee, however any disclosures will only be made in good faith and where confidentiality is maintained.

8. Direct marketing materials 

8.1 We may send you direct marketing communications and information about Our Services that We consider may be of interest to you. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). 

8.2 If you indicate a preference for a method of communication, We will endeavour to use that method whenever practical to do so. 

8.3 In addition, at any time you may opt-out of receiving marketing communications from Us by contacting Us at Jini@currentcare.com.au or by using opt-out facilities provided in the marketing communications and We will then ensure that your name is removed from Our mailing list. 

8.4 We do not provide your personal and sensitive information to other organisations for the purposes of direct marketing. 

9. Security and data quality

9.1 We take reasonable steps to ensure your personal and sensitive information is protected from misuse and loss and from unauthorised access, modification or disclosure.

9.2 We strive to ensure the security, integrity and privacy of personal and sensitive information that you submit to Us through Our Site. Unfortunately, no data transmission over the Internet can be guaranteed to be totally secure. 

9.3 We endeavour to take all reasonable steps to protect the personal and sensitive information you may transmit to Us or from Our online Services. Once We do receive your transmission, We will also make Our best efforts to ensure its security on Our systems.

9.4 In addition, Our employees and any contractors who provide Services related to Our information systems are obliged to respect the confidentiality of any personal and sensitive information held by Us. 

9.5 We may hold your information in either electronic or hard copy form. Personal and sensitive information is destroyed or de-identified when no longer needed or when We are no longer required by Law to retain it (whichever happens first).

9.6 Should a data breach involving personal and sensitive information occur:

a. We will take positive steps to address the breach in a timely manner and take remedial action such that the data breach does not result in serious harm.

b. We will undertake reasonable and expeditious assessment to determine if it is an ‘eligible data breach’, that is a breach likely to result in serious harm to any individual affected.

9.7 In compliance with Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), We agree that if We become aware of reasonable grounds to believe an eligible data breach has occurred, We will promptly notify the Office of the Australian Information Commissioner (Commissioner), the Association of Market and Social Research Organisations (AMSRO) and the affected individuals at likely risk of serious harm.

10. How long do we retain your personal data?

10.1 We will only keep your personal data for as long as necessary to fulfil the purposes We collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

10.2 To determine the appropriate retention period for personal data, We consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which We process your personal data and whether We can achieve those purposes through other means, and the applicable legal requirements.

10.3 By Law, We must keep basic information about Our customers (including contact, identity, financial and transaction data) for five years for Australian tax law purposes.

 

10.4 In some circumstances, you can ask Us to delete your data; see your legal rights below for further information. 

10.5 In some circumstances We may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case We may use this information indefinitely without further notice to you.

11. If I am based in the EU, what are my legal rights under the GDPR? 

11.1 If the General Data Protection Regulation applies to you because you are in the European Union, you have rights under data protection laws in relation to your personal data:

a. The right to be informed – an obligation on Us to inform you how We use your personal data;

b. The right of access – a right to make what’s known as a ‘data subject access request’ for copy of the personal data We hold about you;

c. The right to rectification – a right to make Us correct personal data about you that may be incomplete or inaccurate;

d. The right to erasure – also known as the ‘right to be forgotten’ where in certain circumstances you can ask Us to delete the personal data We have about you (unless there’s an overriding legal reason We need to keep it);

e. The right to restrict processing – a right for you in certain circumstances to ask Us to suspend processing personal data;

f. The right to data portability – a right for you to ask Us for a copy of your personal data in a common format (for example, a .csv file);

g. The right to object – a right for you to object to Us processing your personal data (for example, if you object to Us processing your data for direct marketing); and

h. Rights in relation to automated decision making and profiling – a right you have for Us to be transparent about any profiling We do, or any automated decision making.

11.2 These rights are subject to certain rules around when you can exercise them.

11.3 If you wish to exercise any of the rights set out above, please contact Us at Jini@currentcare.com.au.

12. How can you access and correct your personal information?

12.1 You may request access to any personal and sensitive information We hold about you at any time by contacting Us Jini@currentcare.com.au. 

12.2 Where We hold information that you are entitled to access, We will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). 

12.3 We may charge you a reasonable fee to cover Our administrative and other reasonable costs in providing the information to you. 

12.4 We will not charge for simply making the request and will not charge for making any corrections to your personal and sensitive information.

 

12.5 There may be instances where We cannot grant you access to the personal and sensitive information We hold. For example, We may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, We will give you written reasons for any refusal.

12.6 If you believe that personal and sensitive information We hold about you is incorrect, incomplete or inaccurate, then you may request Us to amend it. We will consider if the information requires correction. If We do not agree that there are grounds for correction, then We will add a note to the personal information stating that you disagree with it. 

13. How can you withdraw your consent to this Privacy Policy?

13.1 You may withdraw your consent to this Privacy Policy at any point. If you wish to withdraw your consent to Our collection and retention of your data, please contact Our Data Protection Officer at Jini@currentcare.com.au and We can arrange for your data to be deleted, destroyed or returned to the extent We are permitted by law. However, this may affect your use of this Site or any Services offered on it.

13.2 You may choose to restrict the collection or use of your personal and sensitive information. If you have previously agreed to Us using your personal and sensitive information for direct marketing purposes, you may change your mind at any time by contacting Us at the email address listed in this Privacy Policy. 

13.3 To unsubscribe from Our e-mail database, or opt out of any communications, please contact Us at the email address listed at the start of the Privacy Policy, with “Unsubscribe” in the subject line of the e-mail.

14. What is the process for complaining about a breach of privacy?

14.1 If you believe that your privacy has been breached, please contact Us using the contact information below and provide details of the incident so that We can investigate it. 

14.2 We will treat your complaint confidentially, investigate your complaint and aim to ensure that We contact you and your complaint is resolved within a reasonable time (and in any event within the time required by the Privacy Act and/or the GDPR, if applicable). 

15. Contacting us

15.1 If you have any questions about this Privacy Policy, any concerns or a complaint regarding the treatment of your privacy or a possible breach of your privacy, please contact Us at Jini@currentcare.com.au. 

15.2 We will treat your requests or complaints confidentially. 

15.3 Our representative will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. 

15.4 We will aim to ensure that your complaint is resolved in timely and appropriate manner.

16. Changes to our Privacy Policy

16.1 All personal and sensitive information held by Us will be governed by Our most recent Privacy Policy, posted on Our Site, where the Privacy Policy will be located. 

16.2 Any changes to this Privacy Policy may be advised to you by updating this page on Our Site. We encourage you to check this page from time to time for any changes.

© Progressive Legal Pty Ltd (ACN 607 068 708) trading as Progressive Legal (2024).  All Rights Reserved. This Privacy Policy was last updated on 30 April 2024. 

Terms and Conditions

These Terms and Conditions (Terms) govern your use of the website – www.currentcare.com.au (Site)

and the services offered by Hwa Jin Song Hale (ABN 14 244 330 545) trading as CURRENT CARE (we, us,

our), and form a binding contractual agreement between us and you.

These Terms are important and should be read carefully in conjunction with our Service Agreement,

Schedule of Supports, Privacy Policy and Disclaimer and Waiver. Any questions about these Terms must

be directed to us in writing at Jini@currentcare.com.au before engaging our Services.

Subject to any subsequent agreements you may be required to enter with us, these Terms, together

with our Service Agreement, Schedule of Supports, Privacy Policy and Disclaimer and Waiver constitute

the entire agreement between you and us (“Entire Agreement”) and supersedes all prior agreements,

conduct, representations and understandings. You confirm you have not entered into this agreement on

the basis of any representation that is not expressly incorporated into these Terms.

1 DEFINITIONS

1.1 Additional Expenses means costs which are not included as part of the Participant’s NDIS

plan, including but not limited to meals, recreational expenses and other expenses which

are not covered in the applicable supports.

1.2 Booking means a reservation we make for you in relation to the Services after the

completion of our Referral Form.

1.3 Disclaimer and Waiver means the disclaimer and waiver which we will provide to you for

execution.

1.4 NDIA means the National Disability Insurance Agency responsible for administering,

implementing and managing the NDIS and is established by the NDIS Act.

1.5 NDIS Act means the National Disability Insurance Scheme Act 2013 (Cth).

1.6 NDIS means the National Disability Insurance Scheme and is established by the NDIS Act.

1.7 NDIS Pricing Arrangements and Price Limits means the NDIS Pricing Arrangements and

Price Limits document issued by the NDIA, and which may be updated from year to year.

1.8 NDIS Funding means funding provided by the NDIS to the NDIS Participant. NDIS Funding

includes the following support categories applicable to our Services:

(a) support work; and

(b) transport.

1.9 NDIS Participant means a user of our Services who is subject to NDIS funding, whether in a

self or plan managed capacity.

1.10 Privacy Policy means the privacy policy available on our Site at [insert link to privacy policy

as published on your Site].

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1.11 Referral Form means the form you are required to complete to make a Booking with us,

and which is used to contact the relevant support coordinator (where applicable).

1.12 Schedule of Supports means the document provided to you outlining the applicable

supports and associated costings and is provided to you alongside the Service Agreement.

1.13 Short Notice Cancellation means your cancellation of our Services within 24 hours from the

Service scheduled time, or non-attendance of the Service by the NDIS Participant.

1.14 Service Agreement means the document between the NDIS Participant and us, provided to

you before you engage our Services, setting out the applicable terms of our Service

offering.

1.15 Services means the provision of:

(a) transportation of NDIS Participants and support workers to a fishing charter on a

scheduled date; and

(b) any other Service offered by us in the future.

2 ACCEPTANCE OF TERMS

2.1 We will provide you with a copy of the Service Agreement and Disclaimer and Waiver

before you engage our Services.

2.2 By otherwise instructing us to proceed with the Services in writing, you acknowledge that

you have read and understood the Terms and agree to be bound by them, the Entire

Agreement and all our other policies.

3 VARIATIONS TO TERMS

3.1 We reserve the right to update and change these Terms from time to time without notice.

3.2 You will be subject to the Terms in force at the time when you engage our Services, unless

agreed otherwise by both parties in writing.

3.3 The updated Terms will be taken to have effect on the date of publication.

3.4 Your continued use of our Services, and the Site constitutes your acceptance of the

updated Terms and is taken as your agreement to be bound by these updated Terms.

3.5 Should you object or disagree to the Terms, your only remedy is to contact us at

Jini@currentcare.com.au and immediately discontinue your use of the Services.

4 FEES

4.1 The fees for our Services (Fees) are as indicated in our Schedule of Supports which will be

provided to you following your completion and return of the Referral Form.

4.2 You accept that Additional Expenses are not included within the costs of the supports and

are your sole responsibility.

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4.3 All Fees for our Services are in Australian Dollars (AUD).

4.4 All Fees are exclusive of GST (if applicable) unless indicated otherwise, and exclude

delivery charges and customs duty and other taxes, if applicable.

4.5 For clarity, Fees are GST exempt where NDIS Funding is being used for a NDIS Participant

for the purposes of paying the Fees.

4.6 Where there are insufficient NDIS Funds to pay us for the Services, you accept that you

are personally responsible for attending to payment. Such Fees will also include the

addition of GST to the applicable invoice.

4.7 We reserve the right to modify, cancel and limit any Services at any time.

5 PAYMENTS

5.1 We will send invoices for our Services in the manner stipulated at clause 11 of the Service

Agreement.

5.2 You acknowledge that the delivery of our Services is subject to NDIS Funding. We will not

be liable for any loss suffered by you as a result of the suspension or termination of NDIS

funding.

5.3 You accept that we also provide the option of allowing you to meet us at the wharf. You

accept that there is a 20-minute waiting period before the charter departs. If you do not

arrive within this period of time, the charter will depart the wharf and you will be charged

in full for the Services.

5.4 If you fail to pay our Fees when due, as indicated on the invoice, you acknowledge that

we reserve the right to suspend or terminate the further delivery of our Services. We will

not be liable for any loss suffered by you as a result of such suspension or termination.

5.5 We reserve the right to on-sell or otherwise authorise a debt-collection or other

authorised agency to collect any amount not paid by you.

5.6 You must pay us all Fees and other amounts without set-off or claim under any

circumstances, including if a dispute exists in relation to the Services provide.

6 GENERAL DISCLAIMER

6.1 We offer a number of Services from time to time.

6.2 You acknowledge and agree that each Service offering may have different terms, prices

and Fees, as displayed on our Site or as contained in any contract entered into with you

and us for those Services.

6.3 We provide the Services on an "as-is" and "as available" basis and whilst every effort is

taken to ensure the content provided and the Site is accurate, we make no

representations and give no guarantees or warranties about the currency, suitability,

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reliability, availability, timeliness and/or accuracy of the content and the Site for any

purpose.

6.4 It is your responsibility to independently verify the information made available on the

Site.

6.5 Nothing on the Site or any of the content or Services is a promise or guarantee of results.

Any information given (including case studies) is purely based on experience and is for

illustrative purposes only. Information provided may not always be tailored specifically for

your particular situation.

6.6 You acknowledge and agree that we, our employees, affiliates and representatives are

not responsible for decisions that you may make, or for any consequences, undesired or

otherwise, that may flow from your engagement of the Site and/ or the Services offered

on the Site.

6.7 Any testimonials and examples of our Services, wherever published (online or in print) are

not to be taken as a guarantee that you will achieve the same or similar results.

6.8 We make no warranty, representation, or guarantee regarding the suitability of our

Services for any particular purpose, nor do we assume any liability whatsoever arising out

of the application or use of any Service. It is your responsibility to independently

determine the suitability of any Service and to test and verify the same.

6.9 Any timelines or delivery dates are provided by us on an estimated basis only. We make

no guarantee that these timelines or delivery dates will be met as there may be

interfering factors beyond our control, and we are not responsible for any delay in the

delivery of our Services.

6.10 You acknowledge and agree that any results to be attained by you are dependent upon

you solely.

6.11 We provide support, guidance, and tools for you to set goals, determine priorities and

achieve results, but any decisions you make, and the consequences that flow from such

decisions, are your sole responsibility. Your success depends on many factors, including

your dedication, participation, desire, and motivation.

7 REGISTERING YOUR DETAILS

7.1 Before you purchase our Services, you must complete the Referral Form and Schedule of

Supports.

7.2 You must provide accurate, complete and up-to-date information, as requested, and it is

your responsibility to inform us of any changes to the information.

7.3 We may at any time request a form of identification to verify your identity.

7.4 If you create an account to an online portal, you acknowledge and agree that:

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(a) you are solely responsible for protection and confidentiality of any password or

member identification that may be issued to or subscribed for by you from time to

time (Password);

(b) you will not reveal (or cause to be revealed through any act or omission) your

Password to any other person;

(c) you will immediately notify us if your Password is lost or becomes known to any

other person; and

(d) you are solely responsible for all access to and use of the online portal via your

Password, whether such access or use is by you or any other person.

7.5 To the extent that you provide personal information, we will treat such information

strictly in accordance with our Privacy Policy.

7.6 You must ensure the security and confidentiality of your online portal account details,

including any username and/or Password. You must notify us immediately if they become

aware of any unauthorised use of your registered details.

8 YOUR OBLIGATIONS

8.1 During the delivery of our Services, you agree to:

(a) respond promptly to our communications in relation to the Services;

(b) provide us with a minimum of 24 hours’ notice via email or phone if you wish to

cancel a Booking;

(c) provide us with written notice via email if you wish to cancel our Services or

terminate the Service Agreement;

(d) provide, within a reasonable amount of time, accurate, complete and current

information or documentation reasonably required by us to perform the Services;

(e) notify us immediately if your NDIS plan is suspended or replaced;

(f) notify us immediately of any changes to your NDIS plan (where there is no

suspension or replacement;

(g) inform us of any problems you are experiencing in relation to the Services;

(h) ensure there are sufficient NDIS Funding available for you to claim the Services; and

(i) act in good faith.

8.2 When providing our Services, we may request that you provide us with responses,

feedback, completed questionnaires and forms, copy content, images, and other

information so we can best deliver our Services. You agree that you will provide any such

information in a timely manner. Any delays in receiving this information may result in

information not being provided by us to you.

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8.3 You must not use our Site to:

(a) provide or upload false or misleading information, create a false identity or use or

attempt to use another person’s account;

(b) hack into any part of our Site through password mining, phishing, or any other

means;

(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware or

other similar material;

(d) circumvent our Site’s structure, presentation or navigational function so as to obtain

information that we have chosen not to make publicly available through our Site;

(e) act in a manner that negatively affects other users, including through a denial-of-

service attack or a distributed denial-of-service attack;

(f) transmit any unsolicited advertising, promotional materials or other materials that

contain any solicitation with respect to products or services that are not deemed

items, unless expressly authorised by us; or

(g) attempt to modify, reverse engineer, or reverse-assemble any part of our Site.

8.4 Without limiting clause 8.3 above, you must comply with all applicable Laws, regulations,

codes or standards when using our Site.

9 OUR OBLIGATIONS

9.1 During the delivery of our Services, we agree to:

(a) communicate openly, honestly and within a reasonable period of time;

(b) provide the Services and supports in a manner consistent with the NDIS Act,

Australian Consumer Law and any other applicable laws, regulations and/ or

policies;

(c) inform the NDIS Participant or his/her representative, within a reasonable period

of time, of any alterations or cancellations to the supports and Services should

such alterations or cancellations be required to take place;

(d) act in good faith;

(e) treat the NDIS Participant with courtesy and respect; and

(f) endeavour to reasonably resolve any complaints in relation to the Services.

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10 CONFIDENTIALITY

10.1 Each party (Recipient) must keep secret and confidential and not disclose any

Confidential Information (which is or has been disclosed to the recipient by the other

party, its representatives or advisers), or these Terms, except:

(a) where the information is in the public domain as at the date of these Terms (or

subsequently becomes in the public domain other than by breach of any

obligation of confidentiality binding on the Recipient);

(b) if the Recipient is required to disclose the information by applicable law or the

rules of any other document with statutory content requirements, provided that

the Recipient has to the extent practicable having regard to those obligations and

the required timing of the disclosure consulted with the provider of the

information as to the form and content of the disclosure;

(c) where the disclosure is expressly permitted under these Terms or is required to

give effect to these Terms;

(d) if disclosure is made to its personnel to the extent necessary to enable the

Recipient to properly perform its obligations under these Terms or to conduct

their business generally, in which case the Recipient must ensure that such

persons keep the information secret and confidential and do not disclose the

information to any other person;

(e) where the disclosure is required for use in legal proceedings regarding these

Terms; or

(f) if the party to whom the information relates has consented in writing before the

disclosure.

10.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's

obligations under this clause.

10.3 Definitions:

(a) Confidential Information of a party means all information (in any form):

(i) relating to or arising from the Services;

(ii) that concerns that party’s business operations and which any reasonable person

would consider to be of a confidential nature (such as trade secrets, methods,

strategies, client lists, pricing, and other business processes);

but does not include information that:

(iii) is or becomes independently developed or known by a party through no breach

of these Terms by that party; or

(iv) becomes publicly available, without breach of these Terms;

10.4 This clause survives termination or expiry of these Terms.

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11 INTELLECTUAL PROPERTY AND MORAL RIGHTS

11.1 Intellectual Property Rights in Contract Materials and Existing Materials

You agree that:

(a) we will own all rights in and to the Contract Materials, as defined below, including

any Intellectual Property Rights which subsist in the Contract Materials, or which may

be obtained from the Contract Materials created from the date you engage our

Services; and

(b) we retain ownership over the Existing Materials, as defined below, and you

acknowledge that you do not acquire any ownership rights by using the Existing

Materials.

11.2 Moral Rights

(a) To the extent permitted by applicable Law, we are unconditionally and irrevocably:

(i) do not consent to the following acts or omissions in respect of all Contract

Materials created by us in the course of providing the Services:

(A) any use of the Contract Materials that does not identify us as the author;

(B) falsely attributing the authorship of the Contract Materials or any

content of the Contract materials to you;

(C) materially altering the style, format, colours, content or layout of the

Contract Materials and dealing in any way with the altered Contract

Materials;

(D) reproducing, communicating, adapting, publishing or exhibiting the

Contract Materials, or

(E) adding any additional content or information to the Contract Materials;

and

(v) do not waive all of our Moral Rights in the Contract Materials.

11.3 Definitions

Contract Materials means materials, including but not limited to, works, behaviour plans,

treatment plans, ideas, concepts, designs, websites, inventions, developments, improvements,

systems, accounts created for you or other materials or information created, made or discovered

by us:

(a) in the course of providing our Services; and/or

(b) as a result of using your resources (including the Confidential Information and

Intellectual Property Rights).

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Contract Materials do not include our work methodologies, reports, sources, third party websites

and the links contained therein, licensed software, programs, accounts belonging to us or created

for other clients, stock photography licences, licences to third party service providers which we

may provide to you from time to time in relation to our Services.

Existing Materials means materials, including, but not limited to, our works, work methodology,

reports, ideas, concepts, designs, inventions, developments, improvements, stock photography

licences, licences to third party service providers, licensed software, accounts belonging to us or

created for other clients, systems, other materials, information, sources, programs, accounts

created, made or discovered by us prior to providing our Services to you or outside the scope of

our Services that we use or supply in the course of the provision of our Services.

Intellectual Property Rights means all present and future rights conferred by law in or in relation

to copyright, trade marks, designs, circuit layouts, plant varieties, business and domain names,

inventions and confidential information and other results of intellectual activity in the industrial,

commercial, scientific, literary or artistic fields whether or not registrable, registered or

patentable.

These rights include:

(a) all rights in all applications to register these rights;

(b) all renewals and extensions of these rights; and

(c) all rights in the nature of these rights, such as Moral Rights.

Moral Rights means:

(a) rights of integrity of authorship or performership;

(b) rights of attribution of authorship or performership;

(c) rights not to have authorship or performership falsely attributed;

(d) conferred by the Copyright Act 1968 (Cth); and

(e) rights of a similar nature that exist, or may come to exist, anywhere in the world.

11.4 This clause 11 survives termination or expiry of these Terms.

12 COPYRIGHT AND TRADE MARK NOTICES

12.1 All material on our Site including (but not limited to) templates, text, graphics,

information architecture and coding (Our Content), is subject to copyright. While you

may browse or print our Content for non-commercial, personal or internal business use,

you must obtain our prior written permission if you would like to use, copy or reproduce

it. Modification of our Content for any other purpose is a violation of our copyright and

other proprietary rights and is strictly prohibited.

12.2 You acknowledge that you do not acquire any ownership rights by using the Site or our

Content.

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12.3 The trade marks, logos, and service marks displayed on our Site to denote our brand are

either registered or unregistered trade marks of us (Our Marks). Our Marks, whether

registered or unregistered, may not be used in connection with any product or service

that does not belong to us, in any manner that is likely to cause confusion with customers,

or in any manner that disparages us.

12.4 Nothing contained on our Site should be construed as granting, by implication, estoppel

or otherwise, any license or right to use any our Marks without our express written

permission.

12.5 You agree that damages may be an inadequate remedy to a breach of these Terms and

acknowledge that we will be entitled to seek injunctive relief if such steps are necessary

to prevent violations of its intellectual property rights.

12.6 This clause survives termination of these Terms.

13 RIGHT TO SUSPEND, TERMINATE, REFUND AND CLAIM FOR A SHORT NOTICE CANCELLATION

13.1 We reserve the right to suspend or terminate your use of the Site, or our Services

generally if you breach these Terms, as determined by us in our sole discretion.

13.2 You accept that any Short Notice Cancellations will be dealt with in accordance with the

NDIS Pricing Arrangements and Price Limits and the terms of the Service Agreement.

13.3 You understand that we reserve the right to refuse providing our Services to you, if you

have not signed the Disclaimer and Waiver.

13.4 Refunds are not provided for our Services, other than in accordance with the Australian

Consumer Law (“ACL”), as set out in Schedule 2 to the Competition and Consumer Act

2010 (Cth) and in accordance with the NDIS Pricing Arrangements and Price Limits.

13.5 Any refund requests will be assessed on a case-by-case basis.

14 LIABILITY IS LIMITED

14.1 We provide the Services on an "as is" basis and without any warranties, representations,

or conditions of any kind, whether express, implied or statutory, to the extent permitted

by Law. Subject to the other terms of this clause, we exclude all rights, representations,

guarantees, conditions, warranties, undertakings, remedies or other terms in relation to

the services that are not expressly set out in these Terms to the maximum extent

permitted by Law.

14.2 Without limiting the generality of clause 14.1 , we expressly exclude any liability in

contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused

directly or indirectly by your use of our Services.

14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in

for any loss or damage or injury arising out of or in connection with the supply of our

Services under these Terms, including any breach by us of these Terms however arising,

under any indemnity, in tort (including negligence), under any statute, custom, law or on

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any other basis, is limited to the actual charges paid by you under these Terms in the one

month period preceding the matter or the event giving rise to the claim.

14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude

rights that may not be excluded by law, including but not limited to, those rights under

the Australian Consumer Law.

14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies

under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our

total liability to you for that failure is limited to, at our option, to the resupply of the

Services or the payment of the cost of resupply.

14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in

contract, tort (including negligence) or otherwise, for any special, indirect or

consequential loss arising under or in connection with these Terms, including any loss of

profits, loss of sales or business, loss of production, loss of agreements, loss of business

opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or

loss of use or corruption of data or information.

14.7 This clause applies to the fullest extent permitted by Law and shall survive termination of

these Terms.

15 INDEMNITY

15.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and

employees and subcontractors, against any direct losses, liabilities, costs, charges or

expenses and all interest, penalties, and legal costs (calculated on a full indemnity basis)

and all other reasonable professional costs and expenses suffered or incurred by us

arising out of or in connection with:

(a) your use of our Services;

(b) any claim made against us or you by a third party arising out of or in connection with

the provision of our Services and/or these Terms;

(c) any breach of these Terms by you, including any failure to pay any Fees on time;

(d) any reliance by you or a third party on our Services or any advice or information

provided in connection with the provision of our Services and/or these Terms; and

(e) the enforcement of these Terms.

15.2 You must make payments under this clause in full without set-off or counterclaim, and

without any deduction in respect of taxes unless prohibited by Law.

15.3 We are not responsible, and expressly limit our liability to the extent permitted by law,

which is without limitation to your rights under the ACL, for damages of any kind arising

out of use, reference to, or reliance or use on any information contained within our Site

or by engaging our Service.

15.4 This clause survives the termination of these Terms.

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16 NO DISPARAGEMENT

16.1 At all times, you must not make any public or private statement or comment, whether

oral or in writing by any method, which in our reasonable opinion is adverse to the

interest, reputation or commercial standing of our business or is in any respect a

disparaging remark or representation about us and/or any of our Services.

16.2 Should you breach this clause, you hereby indemnify us in accordance with clause 15

above.

17 FORCE MAJEURE

17.1 We will not be in breach of these Terms or liable to you for any Loss that you may incur as

a direct result of our failing or being prevented, hindered or delayed in the performance

of our obligations under these Terms where such prevention, hindrance or delay results

from a Force Majeure Event.

17.2 If a Force Majeure Event occurs, we will notify you (Non-affected Party) in writing as soon

as practicable and that notice must state the particulars of the Force Majeure Event and

the anticipated delay.

17.3 On providing the notice in the above clause, we will have the time for performance of the

affected obligations extended for a period equivalent to the period during which

performance has been delayed, hindered or prevented, however, we will continue to use

all reasonable endeavours to perform those obligations.

17.4 The performance of the affected obligations will be resumed as soon as practicable after

such Force Majeure Event is removed or has ceased.

17.5 References to a Force Majeure Event in this clause means: events, circumstances or

causes beyond a party’s reasonable control including (but not limited to):

(a) strikes, lock-outs or other industrial action;

(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat

of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;

(d) epidemic, pandemic, health emergencies, disease;

(e) impossibility of the use of railways, shipping, aircraft, motor transport or other

means of public or private transport;

(f) interruption or failure of utility services (including the inability to use public, private

telecommunications networks, servers or third-party hosting platforms); and

(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;

however, does not include a lack of funds.

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17.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty

or damage of any nature whatsoever, including special, incidental, or consequential

damages, losses or expenses (howsoever arising or caused, including, without limitation,

negligence).

18 LINKED WEBSITES, AFFILIATES OR SPONSORS

18.1 Any links to other websites on our Site, which are not operated by us are not controlled

by us and we accept no responsibility for them or for any loss or damage that may arise

from your use of them. Your use of any linked sites will be subject to the terms of use and

service contained within each such site.

18.2 As affiliates of certain services we may also receive compensation for recommending,

endorsing or promoting services as featured on our Site or in the course of delivering our

services. Any affiliation or sponsorship is for remuneration purposes only and is not an

expression of our own recommendation, endorsement or promotion of those services

which are not our own.

18.3 We make no representation or warranty as to the recommendations, endorsements or

promotions we make of certain services, unless expressly stated otherwise. You

acknowledge and agree that any remuneration or other non-monetary benefit we receive

from our affiliated, endorsed or sponsored services is for the purposes of that affiliation,

endorsement and sponsorship only. We expressly disclaim any liability arising from your

use or reliance of any recommended, endorsed or promoted services by us which are not

our own and caution you to make your own independent inquiry prior to any such use or

purchase.

19 SEVERABILITY

19.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the

invalidity of such provision shall not affect the validity of the remaining provisions of

these Terms, which shall remain in full force and effect.

20 NO ASSIGNMENT

20.1 You cannot transfer or assign your rights in accordance with these Terms, including any

membership or registration with us, without our prior written consent.

20.2 We may assign or transfer our rights and obligations under these Terms at any time, upon

prior written notice to you of at least 4 calendar weeks.

21 SUB-CONTRACTING

21.1 We are free to sub-contract any of our obligations under these Terms, but such sub-

contracting will not release us from our liabilities under these Terms.

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22 BINDING ON SUCCESSORS

22.1 These Terms shall be for the benefit of and binding upon the parties and their heirs,

executors, successors and permitted assigns.

23 DISPUTE RESOLUTION

23.1 If a dispute arises between the parties in relation to these Terms, the dispute must be

dealt with in accordance with this clause.

23.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second

Party) in writing of the nature of the dispute.

23.3 In the case of claims against us, all notices are to be provided to Jini@currentcare.com.au.

23.4 If the dispute is not resolved by agreement within 5 business days of the Second Party

receiving the notice referred to above, either party may refer the matter to mediation

conducted by a mediator agreed between the parties within a further 5 business days or

failing agreement within that period, as appointed by the executive director for the time

being of the Australian Commercial Disputes Centre Limited.

23.5 Once a mediator is appointed, the parties agree that:

(a) The costs of the mediator shall be borne equally between the disputing parties.

(b) The chosen mediator shall determine the procedures for mediation.

(c) The chosen mediator will not have the power or authority to make any other

determination in relation to the dispute.

23.6 If the parties have not mediated a resolution of the dispute within 10 business days of the

selection of a mediator, neither party shall be obliged to continue any attempt at

mediation under this clause, and either party may then commence such legal proceedings

as it considers fit in relation to the dispute.

23.7 Nothing in this clause prevents a party from commencing proceedings seeking urgent

interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that

party’s reasonable opinion, it is necessary to protect their rights.

23.8 Despite the existence of a dispute the parties must continue to comply with their

obligations under these Terms.

23.9 This clause survives termination of these Terms.

24 APPLICABLE LAW

24.1 These Terms shall be construed in accordance with and governed by the laws of New

South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New

South Wales to determine any matter or dispute which arises between us.

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25 YOUR FEEDBACK

25.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall

treat any information you provide us with, as non-proprietary and non-confidential.

Please see our Privacy Policy for further details.

25.2 If you have questions or comments regarding this Site or our Services, please email us at

Jini@currentcare.com.au.

© Progressive Legal Pty Ltd – All legal rights reserved (2024). These Terms were last updated on

5/20/2024 .