Terms and Conditions
Who May Use The Site
By using the Website www.ndism.com.au (“Site”), you hereby expressly agree and acknowledge that you are at least 18 years of age. Otherwise, your usage of this Site will be void where it is prohibited. Apart from this, your usage of this Site signifies that you represent and acknowledge that you possess the required legal capacity in order to enter into these Terms and Conditions, and also to be completely bound by such. You also agree and acknowledge that your interest, intended, or actual use of this Site will only be for legitimate purposes, and that you won't use this Site for anything illegal or immoral.
License To Use The Site
The person who owns this Site (“Company”) hereby provides a limited, personal, and non-exclusive license for you to access the Site and its functions, solely for personal purposes. As such, you agree not to assign, transfer, or license this Site to someone else. Furthermore, you absolutely agree that you won't use this Site for any commercial purposes, other than its intended function.
You acknowledge and agree not to reverse engineer, recreate, resell, recreate, or make derivative works of this Site.
By using this Site or Website, you expressly acknowledge your awareness that its usage will require a compatible device, the corresponding Internet functionalities, and proper software settings and upgrades. Contingent on your settings and available resources in relation to the requirements of the Site, the proper execution of the Site can be directly or indirectly affected by these variables. As such, you hereby hold the Company harmless and free from any liability arising from any perceived or actual sub par performance of the Site owing to inadequate resources, improper settings when using the Site, or for any reason at all.
You agree that the Site has the absolute prerogative, in its sole discretion, to maintain, accept, or disallow the pool of its users, or even determine/maintain which users can be linked to each Account registration of the Site. You also agree that the Site and its Company has the sole prerogative to determine on which appropriate devices the Site can be made available or be disabled. The Company hereby advises you to use the latest version of the Site in order to attain its best functionality and features. You hereby acknowledge that the duty of updating your Site, providing its optimal software and hardware, and the proper device for the running of the Site is your sole responsibility. Furthermore, you agree to hold the Company harmless from any liability for any inadequate performance of the Site for any reason.
Availability Of The Service
The Site provided by the Company, or any functionality thereof, may have specific geographical or realistic limitations for the area of its services, and also contingent on your actual location. Therefore, you agree with the reality that this Site may not be available in your country, or even in the language of your choice. Hence, the Company hereby disclaims and warranties or representations regarding the availability of the Site for your particular circumstances, of for any user's circumstances.
Payment and Collection of Credit Card Information
By using the Site, you agree that you may be required to make payments either to the Site, other users, or third party payment facilities installed by the Site, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the Site may collect any and all personal information, Credit Card Information, or any information which is relevant to enable you to potentially or actually make payments to the Site, its Company, or any third party payment gateways or facilities installed by the Site. You also hereby absolutely agree to allow the Site to charge and collect payments from you, and from the particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis. You agree that your mere use of this Site represents your consent and approval to make the Site, its Company, or its third Party Payment Facilities as your authorized representative in order to charge, debit, or collect amounts from your credit card, debit card, Paypal, bank accounts or whatever payment method is the case.
You agree that any payments charged by the Site, the Company, or third party payment facilities on you are absolutely non refundable in nature – however, in its sole discretion, the Site, its Company, or third party payment facilities may return any payments you made.
You therefore expressly allow the Site, its Company, or third party payment facilities installed by the Site to:
- Charge you directly, indirectly, or on escrow, for any amount.
- Charge you directly, indirectly, or on escrow, for any amount required in order to pay for the full value, as determined in the Site's sole discretion, for any service or items.
- Charge you directly, indirectly, or on escrow, for any amount which the Site deems to have been paid erroneously to you.
- Charge you directly, indirectly, or on escrow, for any amount which the Site deems is necessary for your usage of its Site.
Code Of Conduct ; Prohibited Activities
You hereby agree that you will at all times behave in a respectful manner. By using this Site, you absolutely agree not to:
- Use the Site from any criminal or immoral purposes
- Use the Site as a means to harass or to facilitate the stalking of an individual
- Engage in fraud or impersonation in dealing with any other person
- Use the Site as a means to collect information of others
- Pretend that you are an authorized representative of the Company of the Site.
- Use the Site, or engage in acts while using the Site, which can be considered as as hacking, lead generation, automation, or spamming, and any related activities.
- Engage in any act of infringing the intellectual property of others.
- Intentionally disrupt or interfere with the functionalities and operations of the Site, its servers, and any required software, servers, or hardware of the Site.
- Introduce any threats, viruses, harmful programs, codes, or files which may disrupt or immobilize the Site or its resources.
Access To The Site
The Site does not warrant or represent that you will be able to access the Site at any given time - service interruptions may occur due to reasons beyond the control of the Site, or because the Site has to undergo a maintenance procedure. The Site hereby disclaims any liability relating to its performance, functionality, accuracy, quality or availability, and reserves the right to stop, modify, or reduce any component of its service, without the need of any prior notice to you.
You hereby agree that you will be solely responsible for setting up the required prerequisites in order to ensure the competent execution of the Site, which can include a good Internet and Mobile access, or the appropriate device. You hereby agree to hold the Site or its Company harmless of any liability pertaining to a reduced functionality of the Site arising from an incompatible device, a substandard internet connection, or for any reason.
Primarily for your convenience, the Site or its Company the maintains the right to install links on any location of its Site or site as it sees fit. You hereby acknowledge that the Content or nature of the sites to which these links point to are managed by third parties, and are therefore beyond the control of the Site. As such, you acknowledge to hold the Site harmless from any liability or damages due to any danger or damage which you might encounter as a result of visiting such links.
By using this Site, you express agree not to infringe on any of the content, trademarks, copyrights, patents, or intellectual property of the Site and its Company, which may include any of the textual or graphical content on the Site or the site. Neither shall you infringe the same by creating works or intellectual property which are derived from these content or intellectual property of the Site or its Company.
Liability and Amendments
By Using this Site, you expressly agree to hold the Site or its Company to be free from any civil, criminal, administrative, or any form of liability arising from your usage of the Site, or on your reliance on any of the offerings, ads, or services which can be found on the Site. The Site or its Company reserves the right to change any of these Terms and Conditions without the need of any prior notice to you. However, in its sole discretion, the Site may decide to notify you in any medium which it feels it can use in order to inform you of such changes.
You also hereby agree to release the Site or its Company from any liability arising from your use of this Site.
If there is a conflict between another agreement and these Terms and Conditions, the latter shall prevail.
Jurisdiction and Venue
If there is a dispute regarding the terms of this Site, then its interpretation shall be governed the laws of the Australia. Likewise, any judicial action arising from these Terms, or the usage of the Site shall be initiated and pursued in the Courts of Australia to the exclusion of all other Courts. If the Site or the Company delays in any manner for the enforcement of any of its rights under these terms and conditions, this action shall not be construed as a waiver of its rights in any manner.
- By using this Site, you may be required to create a user registration, or to use your Facebook account as your login, or even linking your social media sites. You hereby agree to allow the Site to store, utilize, and collect your information either from your account registration, or from the Facebook account you used to login the Site, or from your social media sites linked, which may include your personal information, location, profile photos, or employment status. You hereby agree to hold the Site and its Company harmless from any storage, collection, or utilization of any information from the abovementioned sources.
- By using the Site or the Site, you also expressly agree for the Site and its Company, or any of their authorized third party affiliates or payment facilities, to save and collect your log data and geographic location as you are using the Site. Log data may include your browser information, or any pertinent and material information sent by your device through your usage of the Site or the site. Hence, you agree for the Site to store your user behavior data, cookies, landing pages visited, time of visit, analytics data, and IP address, and to use such data as it sees fit. You hereby agree to absolutely hold the Site free from any liability from any usage of these data.
- For full utilization of the the Site and the Site, it is recommended that you turn on your Cookies. By using the Site, you hereby agree for the Site to utilize your Cookies, and to place the latter in your computer or device.
- You hereby irrevocably and expressly hold the Company free from any liability which may arise.
This subscription Agreement shall be the governing document for your use of any of the recurring services of the Company, and shall create a binding legal agreement between you and the Company. By checking or agreeing to subscribe to the services of the Company, you hereby agree to be bound by this subscription agreement.
If we make any changes to this agreement, you hereby agree to be automatically bound by the said changes without the need for us to send any prior notification to you. However, in our sole discretion, we may decide to notify you anyway of any amendments by posting it on our website, or by sending a notice to you through a medium which we deem is sufficient to notify you. Additionally, you agree that the responsibility of ensuring that you are up to date with any changes made to these terms shall be solely yours.
Furthermore, you also acknowledge that your continued use of our offered services after we make any changes or amendments to this agreement shall be considered as your acceptance of the revisions. Should you disagree in anyway with this agreement, or any of its revised versions, then you are hereby required to immediately stop your use of our Services.
1. SUBSCRIPTION PRICES AND PACKAGES
The different subscription packages of the Company are featured on the product page of the Site, which may include descriptions of each subscription, their pricing details, and a purchase button where you can register and pay for a particular subscription. If you wish to avail any of these packages, you agree to be required to register beforehand an account which contains your truthful personal information, and also to pay the indicated price for each subscription package before you can avail of its benefits.
Exclusively for ISM Plan Management subscribers, the Company offers an add on Monthly Budgeting and Financial Capacity Building service as follows*:
Subscribe to monthly budget analysis reports:
- Includes average daily spending
- Warning when you are over or underspending
- Tips and tricks for spending your NDIS funding
- Gain insights into how your plan is progressing and more...
Unlimited 30 minute phone calls, emails, appointments to**:
- Strengthening the participant’s ability to undertake tasks associated with the management of their supports. This includes:
- Discussion about monthly report and budgets insights
- Building financial and organisational skills,
- Enhancing the participant’s ability to direct their supports, and
- Develop self-management capabilities
Monthly Budgeting and Financial Capacity Building Subscription Fee:
MMM1-5 (non-remote) – $39.99
MMM6 – (remote) $59.99
MMM7 – (very remote) $64.99
* Features and prices of the Monthly Budgeting and Financial Capacity Building services unless otherwise indicated on the product page or the payment page/cart of the Site.
** Unlimited 30 minute phone calls, emails, or appointments can only be used for monthly related budget analysis reports and / or new topics or challenges which the customer is having. Phone calls beyond 30 minutes or other support activities outside the above mentioned scope shall be charged at the flat hourly rate of at least $46.31 to $69.47, depending on the proximity of your location. Personal appointments shall be subject to the discretion of the Company.
2. SUBSCRIPTIONS FEES AND TERM
You hereby agree to pay for the subscription fees in connection with any subscription offerings of the Company which you signed up for. The term of your subscription shall begin immediately as of the date of your sign up, and shall renew automatically on a month to month basis for a monthly subscription package.
You agree that all subscription fees should be received by the Company on a net basis, and that you are responsible for shouldering any payment facility fees, taxes, interests, or any other charges, whether international or local. If the Company made a mistake in terms of the amount which it billed or charged from you, the Company reserves all rights to make additional charges on account of taxes, payment facility charges, or any other charges which it will need to collect in order to ensure that the Company will receive the indicated subscription fee without any deductions.
3. MODIFICATION OF PRICING AND BILLING TERMS
The Company and the Site hereby reserves the right to enforce new subscription prices, and to change or alter the fees of its services. In such an event, you hereby agree to pay all required charges, including payment facility charges, taxes, and other charges as a consequence of such changes in prices.
For any subscription, the changes shall be immediately effective upon the next billing cycle.
You agree that the Company may terminate your subscription or restrict your access to its services at any time in its sole discretion, without the need for any prior notice to you. This means that the Company may also disable your registered accounts with the Site, especially for cases where you violated any law or these terms and agreements, or for any false information which you may have provided either when you signed up to the site, when you applied for a subscription, or in your payment details. In the event of a termination, you agree that your subscription fees are non-refundable, but the Company may decide, in its sole discretion, to refund a prorated portion of what you prior to termination.
Any decision of the Company for these matters shall be conclusive and binding.
The Site and the Company complies with the Australian Consumer Law and Consumer Guarantees with respect to the delivery of the subscribed packages as described on the Site. Should we fail to deliver and upon written notice within 10 days from the said defect, you shall be entitled to a full refund of your latest monthly subscription payment.
Neither the Site nor the Company makes warranties concerning improvement of your business in relation to any of the Site’s packages. Unless expressly stated in this agreement, no oral or written information or advice which we, or even by our representatives shall create warranties.
6. CANCELLATIONS AND RENEWALS
You agree that all subscription fees which you pay to the Company are generally non-refundable. You agree that you will not be naturally entitled to any refunds, even for cancellations and partial usage of the services of the Company, unless entitled to under Section 5.
You also hereby agree that all of your subscriptions to the Company will automatically renew at the end of each term, and as such, you also authorize the Company to automatically charge you for renewals.
To avoid automatic renewals, you hereby agree that it is your duty to cancel your subscription by notifying the Company in writing of your intention to cancel.
7. ENHANCEMENTS AND MODIFICATIONS
The Company hereby reserves the right to charge you extra or to increase its subscription rates completely should it update its service. You hereby agree to pay all additional charges which the Company may require as a result of any updates or modifications to its Site.