Licence terms and conditions
- After making the payment (fully/partially)and receiving the product/service (fully/partially), the purchased product/service is neither refundable nor transferable to others.
- In consideration of our supplying the NDIS/Aged Care Packages, you agree with us too, and you shall comply with, these licence terms and conditions which apply to all document templates and other works supplied by ISO Consulting Services (A Trading name of Comprehensive Business Improvement Solutions Pty. Ltd.) on or after the version date. Nothing in these licence terms and conditions shall affect the statutory rights of consumers to the extent that they may not be limited or excluded by law.
- You have purchased a full licence to copy, edit, and modify the documents for the purpose of your operation only and no one else. You shall not do anything with the documents outside this scope of use.
- This licence has been granted to you only, and you shall not and may not assign or transfer to any third party the benefit of the licence or any rights under or in relation to it, or purport to do so.
- This licence has been granted to you only, and you shall not be permitted to sub-licence any of your rights under the licence. If you are an NDIS/Aged Care consultant and wish to use the NDIS/Aged Care Packages for your clients (NDIS/Aged Care providers), additional licences must be purchased. You shall not use the content of the NDIS/Aged Care Packages (fully or partially) to make your own content.
- You acknowledge and agree that all intellectual property rights in and to the products are and shall be and remain our sole and absolute property. As the NDIS/Aged Care Packages is copyrighted, you shall not remove the copyright mark and the website address from the footer of the documents.
- You shall maintain strictly confidential the NDIS/Aged Care Packages, and you agree not to disclose the products to any third party except your own amended version to Approved Quality Auditor or NDIS/Aged Care commission.
- You shall pay all legal fees (on an indemnity basis), court fees, and other fees, costs and expenses incurred by us in (a) enforcing the licence or our intellectual property rights against you or any associate of yours (including in pursuing any claim for infringement of our intellectual property rights by you or any associate); (b) in enforcing any settlements or judgements obtained by us against you or your associates in relation to the licence or our intellectual property rights; and (c) in successfully defending any claims brought by you against us.
Our Guaranteed NDIS/Aged Care Package
We are confident in making this offer because we believe that considering our experience and knowledge, we will always go beyond our customers’ expectations.
If you read and amend the content of our NDIS/Aged Care packages properly and make them personalised as your own content, if you follow the policies and procedures as well as the best practices and other references included in this package, and if you use the forms, register and other templates to create records and evidence, but not send the blank forms as-is to the NDIS/Aged Care auditor/assessor, but you do NOT successfully pass the certification audit for the right scope due to inappropriateness or incompleteness of the documents supplied by us, we will update/develop documents required to pass the audit with no further cost.
Note: This guarantee is not applicable if,
- the provided documents were significantly changed/amended by NDIS/Aged Care providers, and the removed/added sections affect the requirements of NDIS (Quality Indicator) Guideline or Aged Care Quality Standards,
- the scope of audit does not match the right package, e.g. buying Verification package for Certification audit or buying Certification (core module package) for supplementary (specialised) modules,
- the qualification requirements (education, training, experience and skill) and/or eligibility criteria are not met,
- the audit nonconformity is not relevant to the policies and procedures, but other issues such as resources, required qualification, records and documents, implementation and operation.
Limitation of liability
We assume no, and you agree that we shall have no duty of care to you or any of your associates with respect to the NDIS/Aged Care Packages, that it shall be used at the sole risk of you and your associates, that it does not amount to any advice or representation from us that you or your associates may rely on, and you shall ensure that your affiliates do not make any claim against us in this regard. You agree that you have not been induced to enter into the licence by any representation from us, but without affecting any liability we may have for fraudulent misrepresentation. You agree that we shall have no liability to you or any of your associates for any of the following losses you or your associates may suffer, whether direct or indirect, and whether foreseeable or not: loss of profit, revenue, opportunity, custom, business, contract, expectation, or reputation; any fines; any cost or expense incurred in reliance on the licence or the products; any cost of purchasing substitutes for the products; and any liability to any third parties. You agree that we shall have no liability to you or your associates for any special, indirect, or consequential loss you or your affiliates may suffer.
As we have no benefit of referring you to the other businesses listed in the “Additional Benefits” section of our NDIS/Aged Care proposals, we assume no, and you agree that we shall have no duty of care to you or any of your associates with respect to the services provided by these providers.
As the eligibility criteria are assessed by the Aged Care assessors, we have no liability if you do not meet the eligibility criteria. This is your responsibility to make sure that you meet the Aged Care Commission financial and qualifications requirements.
You agree that our liability to you and your associates shall, in any event, be limited to the price payable for the published price at the time the licence commenced. The caps in liability in the previous sentence shall apply both to any single event or circumstance giving rise to our liability, and to all events or circumstances giving rise to our liability in the aggregate. References to our liability to you or your associates include liability for breach of the licence; liability under the terms of the licence; liability for breach of a duty of care or other negligence arising in connection with the document package, including negligent misstatement; liability for misrepresentation (other than fraudulent); liability for breach of any statutory duty or liability under a statute; and any liability of any nature (including any of the foregoing) arising out of, in connection with the products or the licence.
ISO Consulting Services welcomes your comments regarding this T&C. If you have any questions about this T&C and would like further information, please contact us during business hours Monday to Friday.