Terms and Conditions

INTRODUCTION

The company offers the Care Access Checkout Shopify Plugin, that facilitates the transfer of funds from a Participant's NDIS account to a Vendor when purchasing eligible goods or services from the Vendor’s online store. Use of Care Access Checkout is subject to these Terms of Service.

definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

“ABN” means Australian Business Number.
“Account” means a Vendor’s Care Access Checkout user account.
“Agreement” means these Terms of Service, the Privacy Policy, and any Special Conditions.
“Business Day” means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.
“Care Access Checkout” means the Care Access Checkout plugin for Shopify, operated by the Company.
“Claim” means a claim for payment under the NDIS.
“Company” means Care Access Pty Ltd, ABN 86 631 184 168.
“Consequential Loss” means any indirect, special or remote loss or damage.
“Corporations Act” means the Corporations Act 2001 (Cth).
“Fee” means a fee charged by the Company for use of Care Access Checkout.
“GST” has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property” means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.
“NDIS” means the National Disability Insurance Scheme operated by the Australian Government.
“Participant” means a registered NDIS participant, or their parent or legal guardian if the participant is under the age of 18.
“Privacy Act” means the Privacy Act 1988 (Cth).
“Privacy Policy” means the Company’s privacy policy as updated from time-to-time, which can be found at privacy-policy.html.
“Product Sales Fee” means a fee charged by the Company to a Vendor for each Transaction processed via Care Access Checkout.
“Shopify” means the Shopify eCommerce platform operated by the relevant ‘Contracting Party’ as defined in clause 13 of the Shopify Terms of Services accessible at https://www.shopify.com/legal/terms#ShopifyContractingParty.
“Special Conditions” means the special conditions that apply to a User’s use of Care Access Checkout, as notified by the Company to the User, or otherwise agreed with the Company from time to time.
“Subscription Fee” means a Fee charged by the Company for use of Care Access Checkout on a periodical basis.
“Tax Invoice” has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Terms of Service” means the terms and conditions of using Care Access Checkout, as updated from time-to-time, which can be found at terms-and-conditions.html.
“TPS” means an online third-party service provider with whom a User holds an account, including (without limitation) Shopify.
“Transaction” means a purchase made by a Participant from a Vendor via Care Access Checkout.
“User” means each Participant or Vendor that uses Care Access Checkout.
“User Content” means information or other data that is uploaded or input into Care Access Checkout by the User, or that forms part of the User’s Intellectual Property.
“Vendor” means a User of Care Access Checkout that operates an webstore that uses Shopify for conducting sales.
Website means the website operated by the Company and accessible at https://yourcareaccess.com.au.

Using Care Access Checkout
- General
  - Each User agrees that all use of Care Access Checkout is subject to these Terms of Service.
  - By using Care Access Checkout, Users agree to the processing of Transactions, eligibility checks, plan verifications, service bookings, Claim generations, and payment processing in accordance with these Terms of Service (see clause 3(c)).
  - Care Access Checkout is only available to Users over the age of 18.
  - The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.
- Features
  - Care Access Checkout enables a Vendor to:
    - Link their Shopify account with their NDIS registered provider account; and
    - Accept payments from a Participant’s NDIS account when conducting sales via Shopify.
  - Care Access Checkout enables a Participant to purchase items from Vendor websites using available funds from their NDIS account.
- How Care Access Checkout Works
  - Care Access Checkout is a real-time transaction service that facilitates the processing of NDIS claims for the purchase of goods from ecommerce websites operated by Vendors.
  - Care Access Checkout can enable the processing of transactions up to AUD$1500, providing a seamless purchasing experience for both the Participants and Vendors.
  - The core functionalities of Care Access Checkout are:
    - Eligibility Check: Care Access Checkout conducts a real-time check on the eligibility of a Participant to purchase consumables directly from their available NDIS funds.
    - Plan Verification and Fund Availability: Care Access Checkout verifies the eligibility of the Participant's plan and confirms that the Participant has sufficient funds in the correct category under their plan to purchase the selected items in the Shopify basket.
    - Service Booking and Claim Generation: Care Access Checkout creates a service booking and generates the Claim in real-time upon confirmation of eligibility and fund availability.
    - Payment Processing: Upon approval of the purchase by the NDIS, Care Access Checkout ensures that the payment is made by the NDIS, directly from the Participant’s NDIS account to the Vendor.
  - Care Access Checkout functions purely as a facilitator of Transactions and does not directly, handle or process any funds. Its primary role is to log the claim with the NDIS. Upon logging the claim, it is the responsibility of the NDIS to process the claim and execute the associated payment following their standard procedures.
- Successful Transaction Criteria
  - The successful processing of a Transaction through Care Access Checkout is dependent on several factors including, but not limited to:
    - The Participant having sufficient funds in their NDIS account to cover the cost of the Transaction;
    - The goods or services subject to the Transaction being of a type approved by the NDIS for purchase by the Participant;
    - The cost of the goods or services being below the maximum threshold set by the NDIS for a single transaction, currently set at $1,500.
    - Compliance with any other criteria or requirements set by the NDIS from time to time.
  - Users acknowledge and accept that failure to meet any of these criteria may result in the Transaction being declined or not processed.
  - The Company cannot guarantee the success of any Transactions.
- Terms of Sale
  - By buying goods using Care Access Checkout, each Participant transacts directly with the Vendor, and the Company is not a party to the Transaction. As a result, the Company does not control any aspects of the Transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.
  - The Participant acknowledges that each Transaction will also be subject to any terms of sale set by the Vendor (if any). The following issues will be subject to the Vendor’s terms of sale (without limitation):
    - accurate description of the goods or services in a listing;
    - the quality of goods or services;
    - shipping and delivery of the goods.
  - Dispute Resolution Between Participant and Vendor
    - In the event of a dispute arising between a Participant and a Vendor related to a Transaction facilitated by NDIS Checkout, the following process shall apply:
      - Resolution according to Vendor's Terms of Sale: The dispute should be resolved in accordance with the Vendor's specific terms of sale. The Participant and the Vendor agree to refer to and abide by these terms as the primary mechanism for dispute resolution.
      - Exclusion of Company: Notwithstanding the above, the Company shall not be a party to any dispute between a Participant and a Vendor. Both Participant and Vendor acknowledge that the Company's role is limited to providing the NDIS Checkout platform, and is not responsible for resolving disputes arising from Transactions.
      - Continued Compliance with this Agreement: Despite the existence of a dispute, the Participant and the Vendor must continue to perform their respective obligations under this Agreement.
    - This dispute resolution clause does not restrict either the Participant or the Vendor from seeking remedies or relief as may be allowed under Australian Consumer Law or any other applicable law.
  - Access to Data.
    - Each User hereby acknowledges and agrees that in order to facilitate the use of the Care Access Checkout service, it is necessary for the User to grant the Company access to their respective NDIS records and Shopify account, as applicable. This access is granted solely for the purpose of processing each Transaction.
    - The Company acknowledges that access is granted in strict adherence to all applicable privacy and data protection laws (including the Privacy Act), and is used by the Company only to the extent necessary for the provision of Care Access Checkout services, and otherwise in accordance with the Privacy Policy.

Limitations of Guarantee and Payment Processing
- The User acknowledges and understands that all payments in relation to Transactions facilitated by Care Access Checkout are paid to the Vendor by the NDIS directly.
- The User acknowledges that the Company makes no guarantee or representation that:
  - the NDIS will:
    - approve any Transaction; or
    - make any payment to the Vendor in relation to a Transaction.
  - any payment made by the NDIS in relation to a Transaction will be made:
    - in a timely manner; or
    - in the full amount requested.
  - Referral of Issues to NDIS.
  - In the event of any issues or disputes arising in relation to a Transaction that was facilitated by Care Access Checkout and the order was confirmed at the time of checkout, Users must refer the matter directly to the NDIS. The Company is not responsible for resolving such issues, and Users acknowledge that any decisions regarding the resolution of such issues lie solely between the Vendor, Participant, and the NDIS.
  - The Company is only the Vendor's agent for arranging claims and NDIS payments for the Participant. The Company is not the Participant's agent.

Vendors
- In order to use Care Access Checkout as Vendor, the Vendor must:
  - Fill-out the intake form and complete the required onboarding process set by the Company; and
  - pay any setup and/or Subscription Fees.
- Fees, payments & refunds
  - No Fees are payable by a Participant for use of Care Access Checkout.
  - The primary Fee to use Care Access Checkout shall be the Subscription Fee, which is payable by the Vendor in advance.
  - In addition to the Subscription Fee the Vendor must pay a Product Sales Fee calculated as a percentage of the net product only (excluding shipping) for each successful claim.
  - If a Participant partially pays through Care Access Checkout and partially through another payment method (e.g., 50% Care Access Checkout, 50% Other), the Product Sales Fee will only apply to the portion transacted through Care Access Checkout.
  - Unless agreed otherwise, all Fees are invoiced weekly and must be paid within 7 days.
  - Each Fee applies in accordance with such features and/or services subscribed for by the User in accordance with the pricing described on the Website, or as otherwise agreed with the Company.
  - All payments shall be made in accordance with the terms set out on the invoice, or in such other manner as the Company may direct from time-to-time.
  - The Vendor agrees that it has no right to use Care Access Checkout if it fails to make payments when due.
  - The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 1 months’ written notice. Any new or changed Fees will apply at the next billing period after the User has been given such notice.
  - If a Vendor does not accept a change to any Fees, then it can terminate its Account and must cease using Care Access Checkout.
- All Fees are quoted in Australian dollars.
- For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.
- No refunds of Fees are offered other than as required by law.
- Late Payment.
  - If the Vendor does not pay the full Fees as required, the Company may suspend all access to Care Access Checkout for that Account.
  - If Fees are not brought out of arrears within 7 days of becoming overdue, the Company may terminate the Vendor’s Account in Care Access Checkout without notice and end this Agreement.
  - The User agrees that the Company shall not be responsible or liable in any way for:
    - Interruptions to the availability of Care Access Checkout or User Content in the event of 4.6(a);
    - Loss of User Content in the event of 4.6(b).
  - Shopify Login and Integration
    - Registration & Login.
      - In order to use Care Access Checkout, the Vendor must register as a User with Care Access Checkout and connect their account with Shopify by providing their Shopify login information to the Company through Care Access Checkout, or by allowing the Company to access their Shopify account in accordance with its terms & conditions of service.
      - The Vendor warrants that they are not in breach of Shopify's terms & conditions of service when connecting to, or using Care Access Checkout.
    - Ongoing Availability.
      - The Vendor agrees that User access to Care Access Checkout may be unavailable if Shopify becomes unavailable and may result in losing the functionality of Care Access Checkout.
      - The Vendor may disconnect the connection between Care Access Checkout and the TPS at any time, however doing so may result in Care Access Checkout no longer working.
      - The Company has no relationship with Shopify and cannot guarantee the efficacy of any Shopify connection.

General conditions
- Licence
  - By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Care Access Checkout for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
  - The Company may issue the licence to the User on the further terms or limitations (including volume of use or transactions) as it sees fit.
  - The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.
- Modification of Terms
  - The terms of this Agreement may be updated by the Company from time-to-time.
  - Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Care Access Checkout.
- Software-as-a-Service
  - The User agrees and accepts that Care Access Checkout is:
    - Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the User’s device; and
    - Managed and supported exclusively by the Company from the servers operated by the Company, and that no ‘back-end’ access to Care Access Checkout is available to the User unless expressly agreed in writing.
  - As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter Care Access Checkout.
- Support
  - The Company provides user support for Care Access Checkout via the email address support@yourcareaccess.com.au
  - The Company shall endeavour to respond to all support requests within 1 Business Day.
- Use & Availability
  - The User agrees that it shall only use Care Access Checkout for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.
  - The User is solely responsible for the security of its data used to access Care Access Checkout, or otherwise submitted to Care Access Checkout. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Care Access Checkout account.
  - The User agrees that the Company shall provide access to Care Access Checkout to the best of its abilities, however:
    - Access to Care Access Checkout may be prevented by issues outside its control; and
    - It accepts no responsibility for ongoing access to Care Access Checkout.
  - Privacy
    - The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User and other Users.
    - The Privacy Policy does not apply to how a Vendor handles personal information. If necessary under the Privacy Act, it is the Vendor’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
    - Care Access Checkout may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
  - Data
    - The Company takes the security of Care Access Checkout and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.
    - The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.
    - The Company stores data on servers based in Australia according to accepted industry standards. If the User requires its User Content to be stored in a different location, the Company may charge the User a fee to do so.
    - The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific User Content from any period of time unless so stated in writing by the Company.
    - Disclosure to Authorities. The Company maintains a strong commitment to protect the privacy and confidentiality of User data. However, the User acknowledges and agrees that in certain circumstances, the Company may be required to disclose User data to law enforcement agencies, regulatory bodies, or other authorities. Such circumstances may include, but are not limited to, compliance with legal obligations, court orders, or in response to valid requests by public authorities (including to meet national security or law enforcement requirements). The Company reserves the right to disclose User data to such entities to the extent necessary to fulfill these obligations.
  - Intellectual Property
    - The Company has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
    - Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of Care Access Checkout.
    - The Care Access Checkout Application. The User agrees and accepts that Care Access Checkout is the Intellectual Property of the Company and the User further warrants that by using Care Access Checkout the User will not:
      - Copy Care Access Checkout or the services that it provides for the User’s own commercial purposes; and
      - Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Care Access Checkout or any documentation associated with it.
    - All content that is not User Content submitted to the Company, whether via Care Access Checkout or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Care Access Checkout.
  - Disclaimer of Third Party Services & Information
    - The User acknowledges that Care Access Checkout is dependent on third-party services, including but not limited to:
      - Shopify;
      - Vendor websites;
      - Telecommunications services;
      - Hosting services;
      - Email services; and
      - Analytics services.
    - The User agrees that the Company shall not be responsible or liable in any way for:
      - Interruptions to the availability of Care Access Checkout due to third-party services; or
      - Information contained on any linked third-party website.
    - Liability & Indemnity
      - The User agrees that it uses Care Access Checkout at its own risk.
      - The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
      - The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with Care Access Checkout, including any breach by the User of these Terms of Service.
      - In no circumstances will the Company be liable for any direct, incidental, Consequential Loss or indirect damages, damage to property, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use Care Access Checkout, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, or business interruption of any type, whether in tort, contract or otherwise.
      - Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
        
        The re-supply of services or payment of the cost of re-supply of services; or
        
        The replacement or repair of goods or payment of the cost of replacement or repair.
      - Termination
        
        The Company or Vendor may terminate this Agreement by giving the other party 1 month’s written notice.
        
        The Participant may terminate this Agreement immediately by giving the Company written notice.
        
        Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.
        
        Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 5.5, 5.6, 5.7, 5.8 5.9, 5.10, 5.12, 5.13 and 5.15 survive termination of this Agreement.
      - Dispute Resolution
        
        If any dispute arises between the parties in connection with this Agreement (“Dispute”), then either party may notify the other of the Dispute with a notice (“Dispute Notice”) which:
        
        Includes or is accompanied by full and detailed particulars of the Dispute; and
        
        Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.
        
        Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
        
        Subject to clause (d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
        
        Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
        
        Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.
      - Electronic Communication
        
        The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.
        
        The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.
        
        The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
        
        A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
        
        Notices must be sent to the parties’ most recent known contact details.
      - Amendment & Assignment
        
        The User may not assign or otherwise create an interest in this Agreement.
        
        The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.
      - General
        
        Special Conditions. The parties may agree to any Special Conditions to this Agreement in writing.
        
        To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.
        
        Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
        
        The relationship of the parties to this Agreement does not form a joint venture or partnership.
        
        No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
        
        Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
        
        Governing Law. This Agreement is governed by the laws of Victoria, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
        
        Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
        
        The following rules apply unless the context requires otherwise:
        
        Headings are only for convenience and do not affect interpretation.
        
        The singular includes the plural and the opposite also applies.
        
        If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
        
        A reference to a clause refers to clauses in this Agreement.
        
        A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
        
        Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
        
        A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
        
        A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
        
        A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

Terms and Conditions

INTRODUCTION

definitions

Using Care Access Checkout

Limitations of Guarantee and Payment Processing

Vendors

General conditions

Enquire: