Terms & Conditions
1. Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the website equalcarensw.com.au (the “Website”) and, where applicable, your engagement with services provided by Equal Care NSW Pty Ltd (“Equal Care NSW”, “we”, “us”, “our”).
By accessing or using the Website, or by making an enquiry about our services via the Website, you agree to be bound by these Terms. If you do not agree, you must not use the Website.
2. Services & NDIS context
Equal Care NSW is an NDIS provider. We provide disability support services consistent with applicable laws and standards, including the National Disability Insurance Scheme framework and requirements.
Website information is general in nature and may not reflect the full scope of supports, eligibility criteria, scheduling availability, or participant-specific requirements.
3. Eligibility & authority
If you request services or provide information through the Website, you warrant that:
- You are the participant, or are authorised to act on behalf of the participant (e.g., nominee, guardian, authorised representative);
- Information you provide is accurate, current, and not misleading; and
- You will promptly notify us of relevant changes (including plan details, funding management, risks, or support needs).
4. Service Agreements prevail
If you engage us to provide services, the delivery of supports and commercial terms are governed by a separate written agreement (a “Service Agreement”) and associated schedules.
To the extent of any inconsistency between these Terms and a Service Agreement, the Service Agreement prevails.
5. Fees, invoices & payments
Where services are provided, fees may be charged in accordance with the applicable NDIS Pricing Arrangements and Price Limits (as updated from time to time) and your Service Agreement.
Depending on how supports are managed, invoices may be issued to a plan manager, the participant (self-managed), or an authorised representative.
If an amount is overdue, we may take reasonable steps to recover the debt and may suspend services in accordance with the Service Agreement, subject to NDIS requirements and applicable law.
6. Cancellations & non-attendance
Cancellations, rescheduling, and charges for short-notice cancellations or non-attendance are managed in accordance with your Service Agreement and NDIS rules (where applicable).
Website enquiries do not create a booking until confirmed by us.
7. Participant rights & responsibilities
7.1 Rights
- To be treated with dignity, respect, and courtesy;
- To make informed choices and exercise control over supports;
- To privacy and confidentiality; and
- To raise concerns or complaints without fear of reprisal.
7.2 Responsibilities
- To treat staff, contractors, and other participants respectfully;
- To provide a safe environment for supports to be delivered;
- To disclose relevant information needed for safe service delivery (including risks); and
- To comply with reasonable safety directions.
8. Website use rules
You agree not to:
- use the Website for unlawful purposes;
- attempt to gain unauthorised access to the Website or systems;
- introduce malware, harmful code, or interfere with Website security/functionality; or
- use the Website in a way that infringes the rights of others.
9. Intellectual property
All intellectual property rights in the Website and its content are owned by or licensed to Equal Care NSW and protected by law. You may view and print for personal, non-commercial use only. You must not reproduce or distribute content without prior written consent.
10. Privacy & confidentiality
We handle personal information in accordance with applicable privacy laws and our Privacy Policy (available on the Website). If you submit information through the Website (including enquiry forms), you consent to us collecting and using that information to respond to your enquiry and, where engaged, to provide services.
11. Safety, incidents & duty of care
We are committed to safe service delivery and meet our safeguarding, incident management, and reporting obligations under the NDIS framework and applicable law. Some activities carry inherent risks, and risk planning may be addressed in your Service Agreement and support documentation.
12. Disclaimers & limitation of liability
To the maximum extent permitted by law, we exclude liability for loss arising from use of the Website (including where content is incomplete, inaccurate, or not up to date). Nothing in these Terms excludes consumer guarantees under the Australian Consumer Law that cannot be excluded.
Where liability cannot be excluded, our liability is limited (at our option) to supplying the relevant services again or paying the cost of having the services supplied again, to the extent permitted by law.
13. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date indicates when changes took effect. Continuing to use the Website after changes are posted means you accept the updated Terms.
14. Governing law
These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from those courts.