Terms of Service

Last updated: April 2026

1. Definitions

In these Terms:

• "Platform" means the AccessMate website at accessmate.net, the AccessMate mobile application for iOS and Android, and all related services
• "Provider" means an NDIS-registered disability service provider organisation that holds an AccessMate account
• "Support Worker" means an individual invited by a Provider to use the Platform to manage shifts and service delivery
• "Participant" means an NDIS participant (or their nominee, guardian, or plan manager) invited by a Provider to use the Platform
• "Authorised User" means any Provider, Support Worker, or Participant who has been granted access to the Platform
• "Customer Data" means all data entered into the Platform by Authorised Users, including participant records, shift notes, booking details, timesheets, invoices, and compliance documents
• "Active Participant" means a participant who has at least one booking or shift recorded in the Platform during the current billing period

2. Agreement

These Terms of Service ("Terms") govern your use of the Platform operated by AccessMate Pty Ltd (ABN 70 695 603 877) ("AccessMate", "we", "us", "our"). By creating an account or accessing the Platform, you agree to be bound by these Terms and our Privacy Policy.

If you are accepting these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.

3. Description of Service

AccessMate is an NDIS operations platform that provides booking management, rostering, shift tracking, GPS-based travel recording, compliance tracking, communication, timesheet management, and invoicing tools for disability service providers, support workers, and participants.

AccessMate is a software tool. It does not provide NDIS plan management, financial advice, clinical advice, or disability support services. Providers are solely responsible for their own NDIS compliance, service quality, and participant outcomes.

4. Account Registration

To use the Platform, a Provider must register an account. Providers may then invite Support Workers and Participants to access the Platform. There is no public registration - all users are invited by their Provider.

The Provider is responsible for:

• Providing accurate and complete registration information
• Maintaining the security of all account credentials within their organisation
• All activities that occur under their account and the accounts of their invited users
• Ensuring all Authorised Users within their organisation comply with these Terms
• Obtaining appropriate consent before entering participant information into the Platform, including consent from parents, guardians, or nominees where applicable
• Managing user access and promptly removing access for users who are no longer authorised

5. NDIS Compliance

The Platform includes features designed to assist Providers in meeting their obligations under the NDIS Practice Standards, the NDIS Code of Conduct, and the NDIS Act 2013 (Cth). However:

• The Provider remains solely responsible for complying with all applicable NDIS legislation, standards, and conditions of registration
• Invoicing and pricing calculations generated by the Platform are based on the NDIS Support Catalogue data available to us and the information entered by the Provider. The Provider is responsible for verifying the accuracy of all claims before submission to the NDIA
• Compliance tracking features (worker screening, certifications, training records) are tools to assist the Provider. The Provider remains responsible for verifying the validity and currency of all compliance documents
• The Platform does not provide legal, clinical, or financial advice

6. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose
• Attempt to gain unauthorised access to any part of the Platform or another user's account
• Interfere with the Platform's operation or other users' access
• Upload malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute access to the Platform without our written consent
• Use the Platform to collect or store personal information beyond what is necessary for service delivery
• Scrape, crawl, or use automated means to extract data from the Platform

7. Subscription and Payment

Access to the Platform is provided on a monthly subscription basis. Pricing is based on the number of Active Participants during each billing period. All prices are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

• Invoices are issued monthly and are due within 14 days of the invoice date
• Payment may be made by credit card or bank transfer
• If payment is not received within 14 days of the due date, we may suspend access to the Platform until the outstanding balance is paid
• We reserve the right to change pricing with at least 30 days' written notice. Price changes take effect at the start of the next billing period after the notice period expires

8. Free Trial

We may offer a free trial period. At the end of the trial, your subscription will not automatically convert to a paid plan and you will not be charged without your express agreement. We will contact you to discuss ongoing access.

9. Intellectual Property

All intellectual property rights in the Platform - including the software, design, trademarks, documentation, and underlying technology - are and remain the property of AccessMate Pty Ltd. These Terms do not grant you any rights to our intellectual property except a limited, non-exclusive, non-transferable licence to use the Platform in accordance with these Terms for the duration of your subscription.

10. Customer Data

You retain ownership of all Customer Data you enter into the Platform. We do not claim any intellectual property rights over your content.

• We will process Customer Data only as necessary to provide the Platform's services, as described in our Privacy Policy, and in accordance with your instructions
• We will not access, use, or disclose Customer Data except to provide the service, respond to support requests, comply with law, or as otherwise permitted by these Terms
• Upon termination of your account, you may request an export of your Customer Data in a standard machine-readable format (CSV or JSON) within 30 days of termination at no additional charge
• After the 30-day export period, Customer Data will be retained only as required by law (including the 7-year NDIS record-keeping requirement) and otherwise securely deleted within 90 days

11. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party in connection with the Platform ("Confidential Information"). Confidential Information includes Customer Data, account credentials, pricing terms, and any information marked as confidential.

Confidential Information may be disclosed only:

• To employees, contractors, or service providers who need access to perform their role, and who are bound by obligations of confidentiality
• As required by Australian law, regulation, or court order
• With the prior written consent of the disclosing party

This obligation survives termination of these Terms and continues for as long as the information remains confidential.

12. Availability and Support

We aim to maintain Platform availability of at least 99.5% measured on a monthly basis, excluding scheduled maintenance. However, we do not guarantee uninterrupted or error-free access.

• Scheduled maintenance will be communicated at least 24 hours in advance where possible, and will be performed outside peak hours (Australian Eastern time) where practical
• Support is provided via email and in-app channels during business hours (9:00 AM - 5:30 PM ACST, Monday to Friday, excluding South Australian public holidays)
• We aim to respond to support requests within one business day

13. Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Subject to the above, and to the maximum extent permitted by law:

• Our total aggregate liability for any claim arising from or in connection with the Platform or these Terms is limited to the total fees you have paid to us in the 12 months immediately preceding the event giving rise to the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business opportunity, or cost of procuring substitute services
• We are not liable for any loss or damage arising from inaccurate data entered by users, reliance on Platform-generated calculations (including NDIS pricing or invoicing), or the Provider's failure to verify the accuracy of claims or records

14. Indemnification

You agree to indemnify and hold harmless AccessMate, its officers, employees, and contractors from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your use of the Platform in violation of applicable law
• Inaccurate or misleading data entered into the Platform by you or your Authorised Users
• Claims by Participants, Support Workers, or third parties arising from your provision of disability support services
• Your failure to comply with NDIS legislation, standards, or conditions of registration

15. Termination

• Either party may terminate the subscription by providing 30 days' written notice via email
• We may suspend or terminate access immediately if you materially breach these Terms, fail to pay fees within 30 days of the due date, or if continued access would expose us to legal liability
• If you have prepaid for a period that extends beyond the termination date, we will refund the unused portion on a pro-rata basis, unless termination is due to your breach of these Terms
• Upon termination, your right to access the Platform ceases. Data export and retention are governed by Section 10 (Customer Data) and our Privacy Policy

The following sections survive termination: Definitions, Intellectual Property, Customer Data, Confidentiality, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

16. Force Majeure

Neither party is liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond its reasonable control, including natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, or industrial action. The affected party must notify the other party as soon as reasonably practicable and use reasonable efforts to mitigate the impact.

17. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to follow this process before commencing legal proceedings:

• Negotiation: the parties will first attempt to resolve the dispute through good-faith negotiation within 14 days of one party notifying the other of the dispute
• Mediation: if negotiation is unsuccessful, the parties will submit the dispute to mediation administered by the Resolution Institute (or an equivalent body) in Adelaide, South Australia. The costs of mediation will be shared equally
• Litigation: if mediation is unsuccessful within 30 days, either party may commence legal proceedings

Nothing in this clause prevents a party from seeking urgent injunctive or interlocutory relief from a court at any time.

18. Governing Law

These Terms are governed by the laws of South Australia, Australia. Subject to the dispute resolution process above, the parties submit to the non-exclusive jurisdiction of the courts of South Australia and any courts entitled to hear appeals from those courts.

19. Apple and Google App Store Terms

If you download or use the AccessMate mobile application from the Apple App Store or Google Play Store, the following additional terms apply:

• These Terms are between you and AccessMate only, not with Apple Inc. or Google LLC. Apple and Google have no obligation to provide maintenance, support, or warranty for the application
• Apple and Google are not responsible for addressing any claims relating to the application, including product liability claims, consumer protection claims, or intellectual property claims
• In the event of any failure of the application to conform to any applicable warranty, you may notify Apple or Google for a refund of the purchase price (if any). To the maximum extent permitted by law, Apple and Google have no other warranty obligation with respect to the application
• Apple and its subsidiaries are third-party beneficiaries of these Terms (as they relate to the iOS application) and may enforce these Terms against you
• You must comply with all applicable third-party terms of service when using the application
• The application may not be used in violation of any applicable export laws or regulations

20. Changes to These Terms

We may update these Terms from time to time. For material changes, we will provide at least 30 days' notice via email or through the Platform before the changes take effect. If you do not agree with the updated Terms, you may terminate your subscription before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

21. General

• Entire agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and AccessMate and supersede all prior agreements, representations, and understandings
• Severability: if any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect
• Waiver: a failure by either party to enforce any right under these Terms does not constitute a waiver of that right
• Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of all or substantially all of our assets, provided the assignee agrees to be bound by these Terms

22. Contact Us

If you have questions about these Terms, contact us at:

AccessMate Pty Ltd
ABN 70 695 603 877
Adelaide, South Australia
Email: support@accessmate.net