Terms of Use

Digital Genie for the NDIS User Agreement

Introduction

Digital Genie for the NDIS operates an online platform allowing its Users to create and build connections within the Care Services Community.

The platform also allows service providers to recruit industry professionals.

Please read these terms and all policies carefully before using the Digital Genie for the NDIS Platform. These Policies are incorporated into this Agreement by reference and regulate your relationship with Digital Genie for the NDIS and your use of the Platform and/or Services.

Participants posting to a provider/ business

1. SCOPE OF DIGITAL GENIE FOR THE NDIS SERVICES FOR PARTICIPANT POSTINGS

1.1 Digital Genie for the NDIS provides the Digital Genie for the NDIS Platform to enable participants to publish Posted Jobs.

1.2 Providers may make an offer in response to a posted job.

1.3 A participant may revoke or modify a posted job at any time before he/she accepts an offer. Digital Genie for the NDIS reserves the right to cancel all Offers on a Posted job made prior to the modification.

1.4 If a participant accepts an offer on the Digital Genie for the NDIS Platform. The onus is on the provider to ensure compliance with any required contracts.

1.5 Upon posting of a job, the participant must pay via credit card the nominal job posting amount (as set out the fees section) or provide details of where an invoice can be sent for payment.

1.6 A participant can pay Digital Genie for the NDIS upfront by credit card and seek reimbursement, through the NDIS. This is to be arranged through their own self-management or their NDIS Plan Manager. Digital Genie for the NDIS takes no responsibility around this process.

1.7 Upon creation of the job post. Digital Genie for the NDIS has rendered Digital Genie for the NDIS Services and the service fee is due and payable.

1.8 Once the job is created, the participant and provider may vary the job on the Digital Genie for the NDIS Platform. Users are encouraged to use Digital Genie for the NDIS's private messaging system to amend or vary the Job contract (including the agreed price) or to otherwise communicate.

Providers posting jobs

1.9 Digital Genie for The NDIS gives no guarantee of job vacancies to you of the continued availability of any particular job advertised on the site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal of the advertisement from the Site.

1.10 Whilst Digital Genie for The NDIS takes efforts to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertisement represents an actual job vacancy.

1.11 Digital Genie for The NDIS takes no liability for the performance of a worker sourced through the provider posting mechanisms.

2. DIGITAL GENIE FOR THE NDIS ROLES AND OBLIGATIONS

2.1 Digital Genie for the NDIS only permits individuals over 18 years of age to become Users.

2.2 At its absolute discretion, Digital Genie for the NDIS may refuse to allow any person to register or create an account with Digital Genie for the NDIS or cancel or suspend or modify any existing account including if Digital Genie for the NDIS reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Digital Genie for the NDIS Platform.

2.3 Registering and creating a profile with Digital Genie for the NDIS is free.

2.4 Digital Genie for the NDIS accepts no liability for any aspect of the participants and providers interaction, including but not limited to the description, performance, or delivery of Services.

2.5 Digital Genie for the NDIS has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by users, including, but not limited to, the ability of Providers to perform jobs or supply items, or the honesty or accuracy of any information provided by participants or the participants' ability to pay for the Services requested.

    1. Except for liability in relation to any Non-excludable Condition, the Digital Genie for the NDIS Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    2. Digital Genie for the NDIS has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

3. USER OBLIGATIONS

Site users are bound by the NDIS Price Guide, the Australian Taxation office Laws an all other applicable Australian Laws when utilising the software and systems to make claims on this website.

3.1 You will always:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations.

(b) only post accurate information on the Digital Genie for the NDIS Platform.

(c) ensure that you are aware of any laws that apply to you as a Poster or Tasker, or in relation to using the Digital Genie for the NDIS Platform.

3.2 You agree that any content (whether provided by Digital Genie for the NDIS, a User or a third party) on the Digital Genie for the NDIS Platform may not be used on third party sites or for other business purposes without Digital Genie for the NDIS's prior permission.

3.3 You must not use the Digital Genie for the NDIS Platform for any illegal or immoral purpose.

3.4 You agree that any information posted on the Digital Genie for the NDIS Platform must not, in any way whatsoever, be potentially or harmful to Digital Genie for the NDIS or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Digital Genie for the NDIS.

3.5 Without limiting any provision of this Agreement, any information You supply to Digital Genie for the NDIS or publish in a Posted Task (including as part of an Offer) must be up to date and kept up to date and must not:

*(a) be false, inaccurate, or misleading or deceptive.

*(b) be fraudulent or involve the sale of counterfeit or stolen items.

*(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality, or privacy.

*(d) violate any applicable law, statute, ordinance, or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination, and trade practices/fair trading laws).

*(e) be defamatory, libellous, threatening or harassing.

*(f) be obscene or contain any material that, in Digital Genie for the NDIS's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate, or unlawful images; or

*(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Digital Genie for the NDIS Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.

3.6 Digital Genie for the NDIS Platform may from time to time engage location-based or map-based functionality. The Digital Genie for the NDIS Platform may display the location of Participants to providers browsing the Digital Genie for the NDIS Platform. A participant should never disclose personal details such as the participants full name, street number, phone number or email address in a job task or in any other public communication on the Digital Genie for the NDIS Platform.

3.7 A provider agrees to pay some costs of completing the services, the provider is solely responsible for obtaining any reimbursement from the participant.

3.8 If the service is carried out utilising NDIS funds the provider needs to provide the service up front before receiving reimbursement form the participant. The provider needs to speak with the participant regarding how they will Digital Genie for the NDIS payment.

3.9 If Digital Genie for the NDIS determines at its sole discretion that You have breached any obligation under this clause 3 , It reserves the rights to remove any content, Posted Task or Offer You have submitted to the Digital Genie for the NDIS Service or cancel or suspend your profile and/or any job contracts.

4. FEES

4.1 Participant Postings- Upon the creation of a Job, the participant pays a support connection fee of $61.76 per post via credit card. Alternatively, they can select an annual fee for unlimited posts at $299.00. NDIS participants can choose to:

4.2 Provider Postings-There are no fees for providers to receive an accepted quote, however they must have an active login

4.3. Upon the posting of a Job the provider pays a fee of $61.76 per post via credit card. Alternatively, they can select an annual fee for unlimited posts of $299.00 NDIS.

4.4 There are no fees for job seekers to receive posted jobs, however they must have an active login and a profile set up.

4.5 All Fees and charges payable to Digital Genie once a job has been posted for the NDIS are non-cancellable and non-refundable.

4.6 Digital Genie for the NDIS may restrict a User's account until all Fees have been paid.

5. PAYMENTS AND REFUNDS

    1. No refunds can be applied to a published post
    2. Cancellation of a job Contract will be attributable to the provider where:

(a) the participant and the provider mutually agree to cancel the Job contract; or

(b) following reasonable but unsuccessful attempts by a participant to contact a provider to perform the job contract, the job contract is cancelled by the participant; or

(c) the provider cancels the Job contract; or

(d) a job contract is cancelled in accordance with clause 3.14 because of the providers actions or breach.

5.3 A cancellation of a Job contract will be attributable to a Participant where:

(a) the participant cancels the Job contract (other than in accordance with clause)

(b) or a Job contract is cancelled in accordance with clause 3.14 because of the Participant’s actions or breach.

5.4 If the parties agree to any additional cancellation fee payable under the Job contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other. 

5.5 Direct card payments are transacted by our merchant partner, NAB. NAB Transact Direct Post technology is used, and therefore no cardholder or payment information is transmitted to, or stored by, Digital Genie or any of its infrastructure.

5.6 Payment or cardholder information will not be shared with third parties.

6. CREDENTIALS & GENIE MASTERS QUALIFICATIONS

6.1 Digital Genie for the NDIS may use Identity Verification Services. To verify stated qualifications and credentials

6.2 It remains the providers responsibility to ensure that information or documentation it provides when listing a qualification or credential is true and accurate and must modify their profile immediately if a credential is no longer valid

6.3 Digital Genie for the NDIS retains the discretion and right to remove without notice, a credential or qualification if You are in breach of any of the terms of this Agreement, the credential/ qualification has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Digital Genie for the NDIS.

7. PRIVACY

Digital Genie for the NDIS will operate in accordance with the Australian Privacy Principles as per the Privacy Act 1988. Please read the below links for further information.

https://www.oaic.gov.au/privacy/australian-privacy-principles/

https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-quick-reference/

7.1 Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.

7.2 Digital Genie for the NDIS will endeavour to permit you to transact anonymously on the Digital Genie for the NDIS Platform

8. MODIFICATIONS TO THE AGREEMENT

8.1 Modifications shall be effective upon our posting of the revised Terms on the platform, you agree to be bound by these modifications of the Terms when you use the platform and its services after modifications have been published on the platform. Review of these Terms on a regular basis is recommended])

9. NO AGENCY

9.1 No agency, partnership, joint venture, employee-employer, or other similar relationship is created by this Agreement. You have no authority to bind Digital Genie for the NDIS, its related entities or affiliates in any way whatsoever. Digital Genie for the NDIS confirms that all Third-Party Services that may be promoted on the Digital Genie for the NDIS Platform are provided solely by such Third-Party Service providers. To the extent permitted by law, Digital Genie for the NDIS specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third-Party Service.

10. MEDIATION AND DISPUTE RESOLUTION

10.1 Digital Genie for the NDIS does not take responsibility for third party service providers and directs you to resolve disputes with other users directly.

10.2 Disputes with any Third-Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third-Party Service provider.

10.3 If You have a complaint about Digital Genie for the NDIS Service, please contact us in writing at: support@digitalgenie.org

11. TERMINATION

11.1 The user or Digital Genie for the NDIS may terminate your account profile and this Agreement at any time.

12. GENERAL

12.1 This Agreement is governed by the laws specified in your Country Specific Terms.

12.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.

12.3 This Agreement may be assigned or novated by Digital Genie for the NDIS to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.

12.4 This Agreement sets out the entire understanding and agreement between the user of and Digital Genie for the NDIS with respect to its subject matter.

13. USE OF THIS WEBSITE

The information on this website is supplied on the condition that you will make your own determination as to the accuracy and usefulness of the information.

Digital Genie for the NDIS reserves the right to make any changes to the information contained in and the layout of this website, including changes to its services.

Except with respect to implied warranties that cannot be excluded by law, Digital Genie for the NDIS does not make any representation or warranty about the accuracy, suitability for any purpose, merchantability, title to or usefulness of the information and contents of this website or the services it offers.

Digital Genie for the NDIS will not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue or loss of use) arising out of or relating to this website or the information contained therein or the services it offers whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise.

Digital Genie for the NDIS does not accept any liability for any delays, interruptions, or errors of omissions (however occurring) in collecting, recording, processing, storing, or disseminating information contained on this website.

Version: 1 (24.08.2020)

Digital Genie for NDIS 2020