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NDISDA Housing and Disability Member Registration Terms and Conditions as at 1st July 2022

 

  1. Please read these terms and conditions carefully as they apply to your use of the services (“Subscribers / Registered Membership”) provided by NDISDA SDA Housing and Disability ("NDISDA")  subsidiary of Jazcorp Australia Pty Ltd ACN 123 926 956 (“JazCorp”). By registering for and using the Membership, you agree to be bound by these terms and conditions.

  2. These terms and conditions represent an agreement between you (“the Registered Member”) and NDISDA SDA Housing and Disability. (“ NDISDA”)

  3. We reserve the right to vary the terms and conditions at any time. Any variation will be communicated to the Member by NDISDA via:

  4. (i)  postal service

  5. (ii)  email service; or

  6. (iii) posted on the NDISDA website located at www.ndisda.com.au  

  7. (“the Site”).

  8. Any variation to the terms and conditions that is deemed void, voidable, unenforceable or illegal but would not be void or voidable or unenforceable or illegal if it were to be read down, and it is capable of being read down, it will be read down accordingly and the remainder of the terms and conditions has full force and effect.

  9. Continued use of the Registration Membership after any variation of the terms and conditions will constitute acceptance by the Member of the variation and this agreement will thereafter continue in full operation to the extent varied.

  10. No provision of or right created by these terms and conditions may be:

  11. (i)  waived, except in writing signed by the party granting the waiver; or

  12. (ii)  varied, except in writing signed by NDISDA and the Member.

  13. The Member agrees:-

  14. (i)  that NDISDA grant to the Member a non-exclusive, non-transferable licence to access and use the Membership for internal purposes only upon the terms of these terms and conditions;

  15. (ii)  not to re-sell, market, publish, or otherwise, distribute, copy or reproduce any of the documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials (“the Data”) provided to the Member by NDISA or accessed through the Membership in any way whatsoever other than for the internal purposes of the Member’s business;

  16. (iii) to be responsible for maintaining the secrecy and confidentiality of all identification and log-in information required by the Member to access the Site;

  17.  to take all steps to ensure that any documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials the Member provides or transmits through the Site is free from any virus or destructive program and the Member agrees to be held liable and to indemnify NDISDA for any and all damages to NDISDA, including legal costs and other costs of recovery, or Third Parties as a result of any virus or destructive program provided or transmitted through the Site;

  18. (v)  not to transmit through the Site any information, products, services, data, or programs that are illegal or unlawful in Australia or which is unlawful or is obscene or likely to offend the general public or otherwise constitute an offence or crime for anyone to have access to or possession of such information, products, services, data or programs;

  19. (vi) not to use the Membership for any activity which breaches any laws, infringes a party's rights or breaches any standards, content requirements or codes set by any relevant authority which will require NDISDA to take any remedial action. The Member must not use the Membership in a manner which defames, harasses or menaces other members whether it be for financial gain or other, including the sending of threatening or harassing oral, written or e-mail messages or messages containing derogatory remarks;

  20. Members must respect other member's privacy, consent, views at all times. Any breaches, and misconduct reported to the  Director of NDISDA will be taken seriously and NDISDA has full authority to cancel the membership without compensation, refund or part thereof following an investigation. 

  21.  The Member is solely responsible for the Data that the Member may view or receive from access to the Membership. NDISDA recommend that all downloaded material be thoroughly checked for any virus or destructive program;

  22.  to provide certain current, complete, and accurate details as requested by NDISDA through the registration process or through any other means that NDISDA may see fit to use;

  23.  to maintain and update the Member’s details as required to keep it current, complete and accurate;

  24.  to grant to NDISDA the right to disclose to Members and/or Third Parties the Member’s details unless stated otherwise as per the privacy disclosure

  25.  to grant to NDIDSA a perpetual, irrevocable, royalty free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sublicense, create derivate works from, incorporate in other works (whether electronic or not), distribute and display the Member’s details, whether in whole or in part; and

  26. (not to use a false or misleading name or a name that the Member is not authorised to use.

  27. The Member agrees that in accordance with privacy compliance said YES:

  28. (i)  the Data that the Member provides to NDISDA in registering the Membership may be used by NDISA for direct marketing of products and services provided or offered by NDISDA or Third Parties to the Member from time to time;

  29. (ii)  the Data you provide to NDISDA may be disclosed to JazCorp’s associate companies, affiliates, business partners, or other legal entities for their internal information so that they may market to the Member such services or products as they might offer from time to time; and

  30. (iii) the Member may object to any use of the Member’s Data as stated in clauses 7(i) and (ii) at any time and, upon receipt of the Member’s written instructions, whether communicated to NDISA via post or email, NDISA will comply with those instructions.

  31. NDISDA reserve the right to vary, change or charge a Fee expressed in these terms and conditions.

  32. There are NO REFUNDS for any of the Fees charged by NDISDA for Membership. The Member is responsible in utilising the Membership once payment is made.  Should NDISDA agree to refund, this will be at the organisation's discretion and a 80% cancellation fee will be charged. 

  33. Membership for Carers and Participants are free.  An annual Administration fee of $150 is payable 

  34. Membership for Carers and Participants cannot transfer their membership  

  35. If for any reason payment  for memberships that require payment, is not cleared NDISDA may, without notice to the Member, decline to approve the Member’s Membership or terminate the Member’s Membership.

  36. NDISDA will charge Fees to the Member as per details here 

36. NDISDA is not liable for the decision of vendors in relation to the winning of contracts/tenders

37. NDISDA reserves the right to immediately, and without notice, withdraw or terminate the Member’s access to the Membership, if:-

(i)   the Member fails to comply with any provision of the terms and conditions concerning the payment of any Fees;

(ii)  the Member misuses the Membership or fails to comply with the Member’s obligations as to the use and access of the Membership as specified in these terms and conditions; and

(iii)  there are any other reasons deemed suitable by NDISDA

38. NDISDA will attempt to contact the Member by e-mail or post prior to termination or suspension of the Member’s Membership.

39. In the event of termination, the Member will cease to be a member and will no longer be authorised to access the Membership, but all restrictions imposed on the Member, licenses granted by the Member and all of the disclaimers or limitations of liability set out in these terms and conditions by NDISDA will continue.

40. NDISDA will provide the Member with the services as advertised on and accessed through the Membership.

41. NDISDA reserve the right to, in their own sole discretion, modify or vary the Membership services with or without notice.

42. Events

i) NDISDA will not take any responsibility for any errors, omissions and changes to the program or content of events, conferences, workshops or presentations conducted by third party presenters. NDISDA reserves the right to make changes to the program as it deems necessary without penalty and in such situations no refunds, part refunds or alternative offers shall be made.

ii) NDISDA cannot control all content published or disseminated at the event. You may find other delegates’ or participants’ communications, graphics, audio files or other information inappropriate, offensive, harmful, inaccurate, dishonest or misleading and/or deceptive, however you alone are solely responsible for your interaction with other delegates and agree to act responsibly and exercise caution, common sense and safety while in attendance at the event

43 NDISDA, its directors, employees, servants, agents and affiliates shall not be liable for any losses , damages , liabilities, claims or expenses whatsoever arising out of or referable to the event.

44. The Member acknowledges that, when using the Membership, they must exercise their own skill and judgment and must evaluate and bear all risks associated with the use of the Data, including reliance on the accuracy, completeness or usefulness of the Data.

45. The accuracy of the information provided by members depends on the truthfulness or competency of those members. NDISA MAKE NO WARRANTY, EXPRESS OR IMPLIED AS TO THE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY OR COMPLIANCE WITH ANY DESCRIPTION OF ANY OF THE PRODUCTS OR SERVICES ADVERTISED BY THIRD PARTIES, WHETHER WITH NDISA OR OTHERWISE, OR ASSUME ANY LEGAL LIABILITY FOR THE TIMELINESS, ACCURACY, USEFULNESS, OR SUITABILITY OF ANY INFORMATION, WHETHER TRANSLATED OR OTHERWISE, THAT NDISDA PROVIDE.

46. WITHOUT LIMITING THE ABOVE PROVISIONS, THE MEMBERSHIP IS PROVIDED TO THE MEMBER "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

47. IN NO EVENT SHALL JAZCORP, OUR MEMBER FIRMS, AFFILIATES, PARTNERS, PRINCIPLES, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOVER, INCLUDING BUT NOT LIMITED TO LIABILITY FOR LOSS OF USE, DATA OR PROFITS.

48. UNLESS NDISA EXPRESSLY REPRESENT TO THE CONTRARY, THERE IS NO WARRANTY THAT USE OF THE MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

49. NDISA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OR CONTENT OF INFORMATION ADVERTISED BY MEMBERS WHATSOEVER OR ON OTHER SITES WHICH ARE ACCESSED THROUGH THE MEMBERSHIP.

50. The Member acknowledges that the Data is subject to copyright and possibly other intellectual property rights either held by NDISDA or Third Parties.

51. The Member must not:-

(i)   sell, modify, copy, reproduce, republish, frame, upload to a third party, post transmit or distribute the Data, or parts thereof, in any way for any public or commercial purpose except with the prior written consent of NDISA or except as provided for in the Membership materials or in these terms and conditions; and

(ii)  otherwise infringe the intellectual property rights of any person or other legal entity in using the Membership.

52. The Membership shall be governed by and construed in accordance with the laws of Western Australia, Australia and the Member to submit to the exclusive jurisdiction of the courts and tribunals of Western Australia.

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1300 contact centre (1300 NDISDA ) - 1300 634 732 Platinum Membership Benefits and terms (Platinum Members only) 

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In consideration of the Subscriber Benefits, the Subscriber agrees to pay the Platinum Subscription Membership Fee to NDISDA SDA Housing and Disability in order to be eligible to receive the 1300 NDISDA Contact centre subscription 

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 At any time during the Term, the Subscriber may apply to renew its Platinum membership with NDISDA SDA Housing and Disability, 1300 NDISDA connect service being a benefit of the PLATINUM NDISDA Membership 
NDISDA SDA Housing and Disability; will consider at its sole discretion the renewal application.

 If NDISDA SDA Housing and Disability consents to the renewal, subject to the Subscriber having paid the Platinum Subscription Membership Fee for the further term and agreeing with the terms and conditions (which may be different from this Agreement), the Platinum Membership will be renewed.

NDISDA SDA HOUSING AND DISABILITY will cover call costs of up to $600 for the first year of any calls costs  - call costs are as follows: 

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Call costs (NDISDA SDA Housing and Disability will cover up to $600 value of costs for the first year)  1300 634 732  (1300 NDI SDA) 

Calls answered on landlines
National 7.5c per min
Mobile 9.5c per min
Calls to mobile 18.5c per min

 

The subscriber will receive a notice via email regarding the call costs at $500 as a precaution.
 

 NDISDA SDA HOUSING AND DISABILITY’S 1300 NDISDA Call Centre will represent the Subscriber in an IVR telephone system with Customers and direct the Customer to the Subscriber accordingly as to the Customers requirements should the IVR system not immediately connect the caller. 

The benefits of the IVR System Subscription Membership may include:

(a)    the opportunity to enter into contracts with Customers through the IVR system;

(b)    customers enquiry directed instantaneously to the Subscriber’s designated landline /mobile;

(c)    in the event, the Subscriber is not available to attend to the Customer enquiry immediately and if the Customer does not leave a message on the voicemail of the allocated phone number provided, the call will divert to the next subscriber in your category

(d)    in the event that none of the Subscribers are available to attend to the Customer enquiry immediately, and if the Customer does not leave a message on the Subscriber’s voicemail, then an IVR message will be sent to the Subscriber’s designated telephone/mobile, and an email sent to the Subscriber’s designated email with the IVR message.

(e)    It is the onus of the Subscriber to ensure that all telephone numbers and emails are current and accurate. 

(f)    NDISDA SDA Housing and Disability and the Contact Centre are not responsible for any emails that may be diverted to ‘junk’ or are not checked, or are incorrect, or not current. 

(g)    NDISDA SDA Housing and Disability and the Contact Centre are not responsible for any telephone numbers that are incorrect or not current.

 Subscriber’s Duties and Obligations
During the Term of this Agreement, the Subscriber must:

(a)    pay the Subscription Membership Fees promptly; 
(b)    comply with the terms and conditions of this Agreement; 
(c)    participate actively as a Subscriber and co-operate with 1300 NDISDA Call Centre during the Term;

(d)    always act honestly and diligently and with the highest standard of ethics and professionalism towards NDISDA SDA Housing and Disability, 1300 NDISDA Call centre personnel, other Subscribers and the Customers whether through the IVR system and/or Website;

(e)    respond to the Customers queries within two hours (2) hours of the IVR message left by 1300 NDISDA Contact Centre staff, on the Subscriber’s telephone and/or mobile and/or email enquiry from NDISDA SDA Housing and Disability to the Subscribers designated email address, failing which NDISDA Housing and Disability’s 1300 NDISDA Call Centre reserves the right to contact another subscriber in the relevant field to attend to the Customer;

(f)    not engage or abet in any conduct that is dishonest, unethical, contrary to law, including without limitation any conduct that is likely to mislead or deceive;

(g)    comply with all reasonable directions of NDISDA SDA Housing and Disability ‘s 1300 NDISDA call centre and business;

(h)    use its best endeavours to ensure that the information provided to NDISDA SDA Housing and Disability’s Contact centre to be forwarded to the Customer is accurate and complete; and

(i)    ensure its employees, servants, agents or subcontractors comply with these duties and obligations.

 

   Subscriber Warranties
The Subscriber warrants that it:

(a)    abides by and adheres to the conditions of this Agreement, to the extent it applies to the Subscriber;

(b)    carries out all duties and obligations, whether express or implied, under this Agreement, including the duties and obligations listed under clause 6;

(c)    will not engage or abet in any conduct that is dishonest, unethical, contrary to law, including without limitation any conduct that is likely to mislead or deceive;

(d)    has authorised NDISDA SDA Housing and Disability and the Contact centre 1300 NDISDA to carry out the Services;

(e)    is skilled, trained, qualified and competent to provide the services to the Customer;

(f)    has or will disclose accurate and complete information to NDISDA SDA Housing and Disability and the 1300 NDISDA Call Centre to enable the Call Centre to direct the calls and/or emails to the Subscriber;

(g)    will not re-sell, market, publish or otherwise, distribute, copy or reproduce any of the documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials provided by NDISDA SDA Housing and Disability or its related entities to the Subscriber or accessed through the Subscription Membership in any way whatsoever;

(h)    will not engage in any behaviour that defames, harasses or menaces (including sending of threatening or harassing oral, written or email messages or messages containing derogatory remarks.) any other subscriber in NDISDA SDA Housing and Disability / 1300 NDISDA whether via the IVR system or Website.

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