Terms & Conditions

These Terms & Conditions govern your use of the Evolving Care website and, where applicable, your interactions with Evolving Care in relation to our services.

By using this website, you agree to these Terms & Conditions.

If you do not agree with these terms, please do not use the website.

These website terms do not replace any separate Service Agreement, NDIS service agreement, employment agreement or other contract that you may enter into with Evolving Care. Where a separate written agreement applies to the provision of services, that agreement will govern those services to the extent of any inconsistency.

1. About Evolving Care

Evolving Care
Website: https://www.evolvingcare.org/
Phone: 1300 996 907
Email: admin@evolvingcare.org

Legal entity: [Insert registered legal entity name]
ABN: [Insert ABN]

In these Terms, “Evolving Care”, “we”, “us” and “our” refer to the Evolving Care entity responsible for operating this website and providing the relevant services.

2. Using Our Website

You may use this website for lawful purposes and in accordance with these Terms & Conditions.

You must not:

• Use the website for an unlawful purpose
• Attempt to gain unauthorised access to the website or its systems
• Interfere with website security
• Introduce malicious software or code
• Scrape or copy website content in a way that infringes our rights
• Use information from the website to mislead another person
• Impersonate another person or organisation
• Use the website in a way that could damage, disable or impair its operation

We may restrict or suspend access to the website where reasonably necessary for security, maintenance or other legitimate purposes.

3. Website Information

We aim to ensure that information published on our website is accurate and current.

However, website information is provided for general information purposes and may change over time.

Information on the website should not be treated as:

• Medical advice
• Clinical advice
• Financial advice
• Legal advice
• Individual NDIS funding advice
• A guarantee that a particular service will be suitable for an individual

You should discuss your individual circumstances and support needs with an appropriately qualified professional where necessary.

4. NDIS Services

Evolving Care provides support services to eligible participants and other clients in accordance with applicable arrangements.

The availability and suitability of a service may depend on:

• Individual needs
• NDIS plan funding
• Service agreements
• Provider capacity
• Service location
• Participant preferences
• Applicable NDIS rules
• Clinical or professional requirements
• Other relevant circumstances

Submitting an enquiry, referral or contact form does not automatically create a service agreement or guarantee that Evolving Care will provide services.

A separate agreement may be required before services commence.

5. Service Agreements

Where Evolving Care provides services to a participant, the parties may enter into a separate written Service Agreement.

That agreement may specify:

• Services to be provided
• Service locations
• Fees
• Funding arrangements
• Cancellation arrangements
• Participant responsibilities
• Provider responsibilities
• Service commencement and termination
• Other applicable conditions

If these website Terms & Conditions conflict with a signed Service Agreement, the Service Agreement will generally apply to the services covered by that agreement.

6. Fees and Payments

Where fees apply, they will be communicated to the relevant participant, representative, plan manager or other authorised party before or as part of the service arrangement.

Fees may depend on:

• The service provided
• Duration
• Location
• NDIS funding arrangements
• Applicable pricing rules
• Travel requirements
• Other agreed circumstances

Where NDIS pricing rules or other regulatory requirements apply, Evolving Care will comply with those requirements.

7. Cancellations and Changes to Services

Cancellation and rescheduling arrangements for participant services will generally be set out in the relevant Service Agreement or other applicable arrangement.

Participants should provide as much notice as reasonably possible when they need to cancel or change a scheduled service.

Any cancellation charges will only apply where permitted by the applicable agreement and relevant law.

Nothing in these Terms is intended to remove or restrict any rights a participant has under applicable consumer law or NDIS requirements.

8. Participant Rights and Safeguarding

Evolving Care is committed to providing services in a manner that respects the rights, dignity, privacy, independence and choices of people with disability.

We aim to provide services that are:

• Person-centred
• Respectful
• Safe
• Inclusive
• Responsive to individual needs
• Consistent with applicable NDIS requirements

We do not tolerate abuse, neglect, exploitation, violence, discrimination or other inappropriate conduct.

Concerns about safety, abuse, neglect, exploitation or other serious matters should be raised with Evolving Care as soon as possible. Where required, concerns may also be reported to relevant authorities.

9. Complaints and Feedback

We welcome feedback about our services.

If you have a concern or complaint, you can contact us:

Email: admin@evolvingcare.org
Phone: 1300 996 907

We will aim to acknowledge and investigate complaints appropriately and provide a response within a reasonable timeframe.

You may also have the right to contact an external complaints or regulatory body, including the NDIS Quality and Safeguards Commission, depending on the nature of your concern.

10. Intellectual Property

Unless otherwise stated, content on this website is owned by or licensed to Evolving Care.

This may include:

• Text
• Logos
• Branding
• Graphics
• Images
• Illustrations
• Videos
• Website designs
• Documents
• Other materials

You must not reproduce, modify, distribute, publish, sell or commercially exploit our content without our prior written permission, except where permitted by law.

11. Third-Party Websites and Services

Our website may contain links to third-party websites or services.

These links are provided for convenience and information.

Evolving Care does not necessarily control or endorse third-party websites and is not responsible for their:

• Content
• Accuracy
• Availability
• Privacy practices
• Security
• Terms and conditions

You should review the terms and privacy policies of third-party websites before using them.

12. Website Availability and Security

We aim to keep the website available and secure, but we do not guarantee that it will always be:

• Available
• Error-free
• Uninterrupted
• Free from viruses or other harmful components

We may temporarily suspend or modify the website for maintenance, upgrades, security or other operational reasons.

13. Limitation of Liability

To the maximum extent permitted by law, Evolving Care is not responsible for loss or damage arising from your use of, or reliance on, information provided on this website where that liability can lawfully be excluded.

However, nothing in these Terms excludes, restricts or modifies any right, guarantee, warranty or remedy that cannot lawfully be excluded under applicable Australian law.

This includes rights and guarantees that may apply under the Australian Consumer Law.

Where a limitation or exclusion of liability is permitted by law, it applies only to the maximum extent permitted.

Australian consumer law provides protections that cannot simply be removed by website terms, and businesses must also take care with unfair terms in standard-form contracts.

14. No Waiver of Legal Rights

Nothing in these Terms is intended to:

• Exclude statutory rights
• Exclude consumer guarantees
• Override applicable NDIS requirements
• Prevent a person from making a lawful complaint
• Limit rights that cannot legally be limited

If any provision of these Terms is inconsistent with a mandatory legal requirement, that legal requirement will prevail to the extent of the inconsistency.

15. Indemnity

To the extent permitted by law, you agree to be responsible for losses, claims or expenses caused by your unlawful use of the website, your breach of these Terms, or your infringement of another person's rights.

This clause does not apply to the extent that doing so would be prohibited by applicable law or would improperly exclude rights that cannot be excluded.

16. Privacy

Your use of this website is also subject to our Privacy Policy.

Our Privacy Policy explains how Evolving Care collects, uses, stores and discloses personal information.

You can read our Privacy Policy here: Privacy Policy

17. Changes to These Terms

We may update these Terms & Conditions from time to time.

Changes may be made to reflect:

• Changes to our services
• Changes to our website
• Changes to technology
• Changes to applicable laws
• Changes to our business operations

The latest version will be published on this website with the relevant “Last updated” date.

18. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or removed to the extent necessary.

The remaining provisions will continue to apply to the extent permitted by law.

19. Governing Law

These Terms are governed by the laws applicable in Queensland, Australia, unless another jurisdiction is required by applicable law.

You agree that disputes relating to these Terms will be subject to the applicable courts and tribunals of Queensland, subject to any mandatory rights or jurisdiction provided by law.

20. Contact Us

If you have questions about these Terms & Conditions, please contact:

Evolving Care
Phone: 1300 996 907
Email: admin@evolvingcare.org
Website: https://www.evolvingcare.org/