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Terms and Conditions

Last Updated: June 2025

1. Agreement to Terms

By accessing or using the Moscare platform ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of these terms, you may not access the Service.

Moscare is a cloud-based NDIS care management software platform operated by Moscare Solutions ABN [ABN NUMBER] ("Company", "we", "us", or "our").

2. Description of Service

Moscare provides a comprehensive Software-as-a-Service (SaaS) platform designed for NDIS service providers, including but not limited to:

  • Care management and planning tools
  • Staff rostering and scheduling systems
  • Human resources management
  • Mobile support worker applications
  • Reporting and analytics
  • Business intelligence features
  • Program documentation tools
  • Incident management systems
  • Document storage and management
  • Custom form builders
  • Internal messaging systems
  • Job board functionality

3. User Accounts and Registration

3.1 Account Creation

  • You must provide accurate, current, and complete information during registration
  • You are responsible for maintaining the confidentiality of your account credentials
  • You must notify us immediately of any unauthorized use of your account
  • You must be at least 18 years old to create an account

3.2 Account Types

  • Administrator Accounts: Full access to all features and settings
  • Staff Accounts: Limited access based on assigned roles and permissions
  • Support Worker Accounts: Mobile app access with restricted functionality

3.3 Account Responsibility

You are responsible for all activities that occur under your account and for ensuring all users within your organization comply with these Terms.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use Moscare solely for legitimate NDIS service provision and related business activities in accordance with all applicable laws and regulations.

4.2 Prohibited Uses

You may not use Moscare to:

  • Violate any local, state, national, or international law or regulation
  • Store, transmit, or distribute content that is unlawful, harmful, or offensive
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any purpose other than NDIS service provision
  • Share account credentials with unauthorized parties
  • Reverse engineer, decompile, or attempt to extract source code
  • Use automated systems to access the Service without permission

5. Privacy and Data Protection

5.1 Data Collection and Use

  • We collect and process personal and health information in accordance with our Privacy Policy
  • We comply with Australian Privacy Principles and healthcare privacy requirements
  • We implement appropriate security measures to protect your data

5.2 NDIS Participant Data

  • You acknowledge that NDIS participant data is sensitive and must be handled in accordance with NDIS Practice Standards
  • You are responsible for obtaining necessary consents from participants
  • We act as a data processor for participant information under your control

5.3 Data Retention

  • We retain data for the period specified in your subscription agreement
  • Upon termination, we will return or destroy your data as requested
  • Some data may be retained for legal compliance purposes

6. Subscription and Payment Terms

6.1 Subscription Plans

  • Various subscription tiers are available with different features and user limits
  • Subscription fees are billed in advance on a monthly or annual basis
  • Prices are subject to change with 30 days' notice

6.2 Payment Terms

  • Payment is due immediately upon invoice generation
  • Late payments may result in service suspension
  • All fees are non-refundable except as required by law
  • Taxes are additional and your responsibility

6.3 Free Trials

  • Free trial periods may be offered at our discretion
  • Trial accounts may have limited functionality
  • Credit card information may be required for trial activation

7. Intellectual Property Rights

7.1 Our Rights

  • Moscare and all related intellectual property rights belong to us
  • You receive a limited license to use the Service during your subscription
  • We retain all rights not expressly granted to you

7.2 Your Data

  • You retain ownership of all data you input into the Service
  • You grant us a license to process your data solely to provide the Service
  • We do not claim ownership of your content or data

7.3 Feedback

Any feedback, suggestions, or improvements you provide may be used by us without compensation or attribution.

8. Service Availability and Support

8.1 Service Level

  • We strive to maintain high service availability but do not guarantee 100% uptime
  • Scheduled maintenance will be performed with advance notice when possible
  • We provide customer support during business hours

8.2 Updates and Modifications

  • We may update or modify the Service at any time
  • Significant changes will be communicated in advance
  • You are responsible for ensuring compatibility with updates

8.3 Third-Party Integrations

  • We may offer integrations with third-party services
  • Use of third-party services is subject to their respective terms
  • We are not responsible for third-party service availability or performance

9. Limitation of Liability

9.1 Service Limitations

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Excluded Damages

WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Your failure to comply with applicable laws or regulations

11. Termination

11.1 Termination by You

  • You may terminate your subscription at any time
  • Termination does not entitle you to a refund of prepaid fees
  • You remain responsible for all charges incurred prior to termination

11.2 Termination by Us

We may terminate your account immediately if you:

  • Breach these Terms
  • Fail to pay fees when due
  • Use the Service inappropriately
  • Become insolvent or cease operations

11.3 Effect of Termination

  • Your access to the Service will cease immediately
  • We will provide reasonable opportunity to export your data
  • All provisions that should survive termination will remain in effect

12. Compliance and Regulatory Matters

12.1 NDIS Compliance

  • You are responsible for ensuring your use of the Service complies with NDIS Practice Standards
  • We provide tools to assist with compliance but do not guarantee regulatory compliance
  • You must maintain appropriate policies and procedures

12.2 Healthcare Regulations

  • You must comply with all applicable healthcare privacy and security regulations
  • We implement appropriate safeguards but compliance is ultimately your responsibility
  • Regular security assessments may be required

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of [STATE/TERRITORY], Australia.

13.2 Dispute Process

  • Disputes should first be addressed through direct communication
  • Mediation may be required before litigation
  • Any legal proceedings must be conducted in [JURISDICTION]

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits.

14. General Provisions

14.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between us.

14.2 Amendments

We may modify these Terms at any time by posting updated terms on our website. Continued use constitutes acceptance of modified terms.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.4 Assignment

We may assign these Terms without notice. You may not assign your rights without our written consent.

14.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.