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Terms of Service

Legal Agreement

These Terms of Service govern your use of the Disability Services Exchange (DSX) platform. By accessing or using our services, you agree to be bound by these terms and our Privacy Policy. Please read these terms carefully before using our platform.

Effective Date: 1 January 2025 | Version: 2.0 | Governing Law: Australian Consumer Law & Competition and Consumer Act 2010 (Cth)

User Rights

Access to services, data protection, fair treatment, and support in accordance with NDIS standards.

Platform Security

Comprehensive security measures, data encryption, and compliance with Australian privacy laws.

Fair Use

Reasonable use policies ensuring equal access and preventing abuse of platform resources.

Legal Compliance

Full compliance with NDIS Quality and Safeguards Commission requirements and Australian law.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the DSX platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you must not use our services.

2. Definitions

  • "DSX", "we", "us", "our": Disability Services Exchange and its affiliates
  • "Platform", "Service": The DSX website, mobile applications, and related services
  • "User", "you", "your": Any individual or entity using our platform
  • "Provider": NDIS service providers registered on our platform
  • "Participant": NDIS participants seeking services through our platform
  • "Content": All text, data, information, software, graphics, or other materials
  • "Personal Information": Information defined under the Privacy Act 1988 (Cth)

3. User Accounts & Registration

Account Requirements

  • Eligibility: Must be 18+ years old or have legal guardian consent
  • Accurate Information: Provide truthful, complete, and current information
  • Unique Accounts: One account per individual or organization
  • Verification: May require identity verification and NDIS status confirmation
  • Account Security: Maintain confidentiality of login credentials
  • Authorized Use: You are responsible for all activities under your account

Provider Registration

Additional Requirements for Service Providers:

  • Valid NDIS provider registration number
  • Current public liability insurance
  • Appropriate professional qualifications and certifications
  • Compliance with NDIS Practice Standards
  • Worker screening checks where required
  • Business registration (ABN) and relevant licenses

4. Platform Usage

Permitted Uses

  • Searching for and connecting with NDIS service providers
  • Posting and managing service listings (providers only)
  • Communicating with other users through platform messaging
  • Accessing resources, forums, and educational content
  • Providing feedback and reviews on services received
  • Participating in surveys and quality improvement initiatives

Prohibited Uses

You Must Not:

  • Use the platform for any illegal, harmful, or fraudulent purpose
  • Impersonate another person or entity
  • Post false, misleading, or defamatory content
  • Spam, harass, or abuse other users
  • Attempt to gain unauthorized access to accounts or systems
  • Upload malicious software or attempt to disrupt platform operations
  • Scrape, copy, or redistribute platform content without permission
  • Use the platform for direct commercial solicitation outside NDIS services
  • Share personal contact information publicly (use platform messaging)
  • Violate any applicable laws or regulations

5. Content & Intellectual Property

User Content

  • Ownership: You retain ownership of content you create and post
  • License to DSX: Grant us license to use, display, and distribute your content on the platform
  • Content Standards: All content must be accurate, respectful, and appropriate
  • Removal Rights: We may remove content that violates these terms
  • Backup Rights: You're responsible for backing up your important content

DSX Intellectual Property

The DSX platform, including all software, design, text, graphics, logos, and functionality, is owned by DSX and protected by copyright, trademark, and other intellectual property laws.

You May:

  • Use the platform for its intended purposes
  • Print pages for personal, non-commercial use
  • Share links to public content

You May Not:

  • Copy, modify, or distribute our software or design
  • Use our trademarks without permission
  • Reverse engineer or attempt to extract source code

6. Privacy & Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms part of these terms.

Key Privacy Commitments

  • Compliance with Australian Privacy Principles (APP)
  • Data stored exclusively in Australian data centers
  • No sale or rental of personal information to third parties
  • Strong encryption and security measures
  • Right to access, correct, and delete your personal information
  • Clear consent processes for all data collection

7. Payment Terms & Refunds

DSX Membership Fees

  • Membership Tiers: Free basic access, paid premium features
  • Payment Methods: Credit card, direct debit, or approved payment systems
  • Billing Cycle: Monthly or annual billing as selected
  • Auto-renewal: Memberships automatically renew unless cancelled
  • Price Changes: 30 days notice for fee increases
  • GST: All fees include applicable GST

Service Payments

Important: DSX is a platform connecting participants and providers. All service payments are made directly between participants and providers.

  • DSX does not process payments for NDIS services
  • Payment disputes must be resolved directly between parties
  • Follow NDIS payment guidelines and processes
  • Report payment-related fraud or issues to DSX support

Refund Policy

  • Membership Fees: Pro-rata refunds for cancelled annual memberships
  • Refund Processing: 7-10 business days after approval
  • Australian Consumer Law: Statutory rights always apply
  • Dispute Resolution: Contact support first for refund requests

8. Limitation of Liability

Important Legal Limitations

Platform Role

DSX is a platform connecting NDIS participants and providers. We do not provide NDIS services directly and are not responsible for the quality, safety, or delivery of services arranged through our platform.

Service Provider Responsibility

Service providers are independent contractors responsible for their own: • NDIS registration and compliance • Professional qualifications and insurance • Service delivery and quality • Legal obligations to participants

Limitation of Damages

To the maximum extent permitted by law, DSX's liability is limited to the amount you paid for platform access in the 12 months prior to the claim.

9. Indemnification

You agree to indemnify and hold DSX harmless from any claims, damages, or expenses arising from your use of the platform, your content, or your violation of these terms. This does not affect your rights under Australian Consumer Law.

10. Termination

Account Termination

  • By You: Cancel your account at any time through account settings
  • By DSX: We may suspend or terminate accounts for terms violations
  • Data Retention: Account data deleted per our data retention policy
  • Outstanding Obligations: Payment obligations survive termination
  • Notice Period: 30 days notice for termination without cause

11. Dispute Resolution

Resolution Process

Step 1: Direct Resolution

Contact DSX support at support@dsx.org.au within 30 days of the issue arising.

Step 2: Internal Review

If unsatisfied, request escalation to our disputes resolution team.

Step 3: External Mediation

Mediation through an agreed independent mediator before legal proceedings.

Governing Law

These terms are governed by Australian law and disputes are subject to Australian court jurisdiction.

12. Changes to Terms

We may update these terms periodically to reflect changes in law, platform features, or business practices. Significant changes will be notified via email or platform announcement at least 30 days before taking effect. Continued use after changes constitutes acceptance of updated terms.

13. Accessibility & Inclusion

Our Commitment

  • WCAG 2.1 AAA compliance for maximum accessibility
  • Support for assistive technologies
  • Alternative formats available on request
  • Inclusive design principles throughout platform development
  • Regular accessibility testing and user feedback incorporation
  • Free accessibility support and training

14. NDIS Compliance

DSX operates in accordance with NDIS Quality and Safeguards Commission requirements:

  • Provider registration verification processes
  • Quality and safeguards incident reporting
  • Participant rights protection and advocacy
  • Complaints handling aligned with NDIS standards
  • Regular compliance auditing and reporting

15. Platform Availability

Service Levels

  • Target Uptime: 99.5% availability (excluding planned maintenance)
  • Maintenance Windows: Scheduled during low-usage periods with advance notice
  • Emergency Maintenance: May occur without notice for security or critical issues
  • Status Updates: Real-time status available at status.dsx.org.au
  • Support Hours: Business hours (9am-5pm AEST) for technical support

16. Contact Information

Legal & Terms Inquiries

Legal Team

Email: legal@dsx.org.au
Phone: 1800 XXX XXX (Option 4)
Hours: Monday-Friday, 9am-5pm AEST

Postal Address

Legal Department
Disability Services Exchange
[Address Line 1]
[City, State Postcode]

Entity Information: Disability Services Exchange Pty Ltd | ABN: [ABN Number] | NDIS Registration: [Registration Number]

© 2025 Disability Services Exchange Pty Ltd. All rights reserved.

These terms of service comply with Australian Consumer Law and incorporate protections under the Competition and Consumer Act 2010 (Cth).