Terms of Service

These Terms of Service ("Terms") govern your Organisation's access to and use of the NDIS Compliance Hub platform ("Platform"), operated by Zivy Care and Services Pty Ltd (ABN: 51661834886) ("we", "us", "our").

By subscribing to or using the Platform, the Organisation (and any users authorised by the Organisation) agrees to be bound by these Terms. If you do not agree, do not use the Platform.

1. Description of Service

NDIS Compliance Hub is a software-as-a-service (SaaS) platform that assists registered NDIS providers to track and manage compliance obligations for their staff, including:

• Worker screening and credential tracking
• Training and induction records
• Document storage and version control
• Compliance scoring and expiry alerts
• Incident, complaint, and risk management
• Reporting for NDIS Commission audits and registration renewals

2. Compliance Disclaimer

The Platform is a compliance tracking tool, not a legal or regulatory adviser. We do not guarantee that use of the Platform ensures compliance with NDIS Commission requirements, the NDIS Act 2013, or any applicable laws or rules.

Organisations retain full legal responsibility for meeting their obligations under the NDIS Quality and Safeguards Commission's registration requirements, the NDIS Practice Standards, and the NDIS (Provider Registration and Practice Standards) Rules 2018. Always refer to official guidance at ndiscommission.gov.au.

3. Accounts and Users

3.1 Organisation Account

One Organisation may have one tenant account on the Platform. The Organisation is responsible for all activity that occurs under its account, including actions by its authorised users.

3.2 User Responsibilities

Each user must:

• Keep their login credentials confidential and not share them with others
• Use a strong, unique password and maintain two-factor authentication (required by the Platform)
• Report suspected unauthorised access immediately to the Organisation's administrator
• Only access data relevant to their role and responsibilities

3.3 Authorised Users

The Organisation may grant platform access only to its employees, contractors, and authorised personnel. The Organisation must promptly deactivate accounts of users who leave the Organisation or change roles.

4. Acceptable Use

The Platform must not be used to:

• Enter false, misleading, or fabricated compliance records
• Access data belonging to another Organisation's tenant
• Attempt to circumvent security controls or access controls
• Upload malicious files or attempt to exploit platform vulnerabilities
• Use the Platform in a manner that violates the Privacy Act 1988 (Cth) or any applicable law
• Reverse-engineer, resell, or sub-licence access to the Platform to third parties

5. Data Ownership and Use

5.1 Your Data

All compliance data entered by the Organisation remains the property of the Organisation. We do not claim any ownership over worker records, documents, or reports created by the Organisation.

5.2 Our Use of Data

We use Organisation data only to provide and improve the Platform, as described in our Privacy Policy. We do not use identifiable worker data for advertising, profiling, or sale to third parties.

5.3 Data Export

Organisations may request a full export of their data at any time through the Platform settings (provider admin role required). Exports are provided in CSV and ZIP format within 24 hours.

6. Availability and Support

We aim to maintain Platform availability of 99% uptime (excluding scheduled maintenance). Scheduled maintenance will be notified in advance where possible. We do not guarantee uninterrupted access and are not liable for losses arising from downtime.

Support is provided by email. Response times vary and are not guaranteed unless specified in a separate service agreement.

7. Intellectual Property

The Platform, including its software, design, and documentation, is owned by us and protected by Australian intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable licence to access and use the Platform for your internal compliance management purposes during the subscription period.

8. Limitation of Liability

To the maximum extent permitted by Australian law (including the Australian Consumer Law):

• We are not liable for any indirect, consequential, special, or punitive loss or damage
• We are not liable for regulatory penalties, audit failures, or compliance breaches arising from inaccurate data entered by the Organisation or from reliance on Platform outputs
• Our total aggregate liability for any claim is limited to the fees paid by the Organisation in the three (3) months preceding the event giving rise to the claim

Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.

9. Privacy

Our collection and handling of personal information is governed by our Privacy Policy, which forms part of these Terms.

10. Termination

Either party may terminate the subscription by providing 30 days written notice. We may suspend or terminate access immediately if the Organisation breaches these Terms or engages in conduct that poses a security risk to the Platform or other tenants.

Upon termination, the Organisation's data is retained for 12 months before deletion (subject to the 7-year minimum retention requirement for compliance records under NDIS rules), during which time a final export can be requested.

11. Changes to These Terms

We may update these Terms from time to time. Material changes will be notified to Organisation administrators by email at least 14 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance.

12. Governing Law

These Terms are governed by the laws of Australia. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of Australia.

13. Contact

For any enquiries regarding these Terms, please contact:
Zivy Care and Services Pty Ltd
Email: admin@zivycareandservices.com.au