Positive Ability Care (NDIS Registered Provider)

General

Services provided by Positive Ability Care are governed by:

• These General Terms and Conditions of Use
• Our Service Agreements with participants
• The NDIS Code of Conduct and Practice Standards
• Our Policies and Procedures (including Privacy, Complaints, and Cancellation policies)
• Any additional terms you agree to when booking or accessing services.

If you have a separate written Service Agreement with Positive Ability Care, that agreement will prevail in case of conflict.

By using our services, you acknowledge that you have read, understood, and agreed to these Terms. If you do not accept these Terms, you should not proceed with booking or using our services.

Positive Ability Care is a registered NDIS provider in New South Wales, operating under the requirements of the NDIS Quality and Safeguards Commission.

Definitions

• Account: means the registration you hold with Positive Ability Care to access services.
• Booking: means any appointment or service scheduled with us.
• Cancellation Policy: means our cancellation terms, in line with the current NDIS Pricing Arrangements and Price Limits.
• Participant: means a person receiving NDIS funding who engages Positive Ability Care.
• Service Agreement: means the written agreement between you (or your nominee) and Positive Ability Care setting out your supports.
• Personnel: means employees, contractors, and representatives of Positive Ability Care.
• You/Your: means the participant, their nominee, or the person responsible for managing the engagement.

User Agreement

By accessing Positive Ability Care services, you agree to:

• Comply with these Terms.
• Enter into a Service Agreement (where applicable).
• Provide accurate and up-to-date information.

A separate contract is formed each time you book or receive a service.

Positive Ability Care may amend these Terms, with changes taking effect upon publication. Continued use of services indicates acceptance of any changes.

Legal Capacity

If you are a nominee, guardian, or representative, you warrant that you are legally authorised to act on behalf of the participant.

User Obligations

You agree to:

• Provide correct personal and contact details;
• Treat staff and other participants with respect and dignity;
• Use services lawfully and in accordance with your Service Agreement;
• Notify Positive Ability Care promptly of any changes in your support needs;
• Follow health and safety instructions during service delivery.

Service Charges

Service charges are based on the current NDIS Pricing Arrangements and Price Limits (unless otherwise agreed in writing).

Charges apply for:

• Direct support services delivered;
• Travel, where applicable under NDIS rules;
• Short-notice cancellations (per NDIS cancellation policy).

All charges are in Australian Dollars (AUD) and inclusive of GST where applicable.

Invoicing and Payments

• Invoices will be issued in accordance with your Service Agreement.
• For self-managed participants, invoices are payable within 14 days of issue.
• For plan-managed participants, invoices are submitted directly to the Plan Manager.
• For NDIA-managed participants, invoices are processed directly with the NDIA.

Suspension or Termination

Positive Ability Care may suspend or terminate services where:

• There is non-payment of fees.
• There is repeated short-notice cancellation or non-attendance.
• There is inappropriate or unsafe behaviour towards staff.
• There is a breach of these Terms or the Service Agreement.

Participants may end services by providing notice in accordance with the Service Agreement.

Privacy and Confidentiality

• Positive Ability Care complies with the Privacy Act 1988 (Cth) and the NDIS Quality and Safeguards Commission requirements.
• We only collect, store, and use your personal information to deliver services, in line with our Privacy Policy.
• By using our services, you consent to the use of your personal information as outlined in our Privacy Policy.

Complaints and Feedback

• You have the right to provide feedback or make a complaint without fear of adverse consequences.
• Complaints can be made directly to Positive Ability Care via phone, email, or in writing.
• If you are not satisfied with the outcome, you may contact the NDIS Quality and Safeguards Commission at 1800 035 544 or via www.ndiscommission.gov.au.

Disclaimer and Limitation of Liability

• Services are provided with due care and skill, consistent with NDIS Practice Standards.
• Positive Ability Care is not liable for any indirect loss, damage, or injury arising from service use, except as required by law.
• Our liability is limited to the re-supply of services or the cost of providing those services again.

Indemnity

You agree to indemnify Positive Ability Care and its Personnel against loss, damage, or liability arising from:

• Misuse of services
• Breach of these Terms or your Service Agreement
• False, misleading, or incomplete information provided to us.

Governing Law

These Terms are governed by the laws of New South Wales. You agree to submit to the jurisdiction of the courts of New South Wales.