Kynd is a platform for National Disability Insurance Scheme (NDIS) support services and support work. It is available at ‘kynd.com.au’, via mobile apps and other channels (together, the Platform).
Our Platform allows Members and Support Pros to share information, connect, interact and transact.
A booking that has been submitted by a Support Pro and approved by a Member;
A legal agreement between Members and Support Pros for Support Services according to the Offer;
Any Bookings for Support Services where a Member and a Support Pro were not first introduced to each other and/or made aware of each other via the Platform;
A person who is:
a) a Participant; and/or
b) a person or organisation acting on behalf of a Participant whom is authorised to bind the Participant to these terms; and/or
c) others seeking Support Services;
A booking request sent from either a Support Pro or a Member to the other in connection with Support Services;
A person who is a registered participant of the NDIS as determined by the National Disability Insurance Agency (NDIA) and who also holds a valid NDIS funding plan;
The percentage and/or other amounts, deducted from Support Fees, as set out on the Platform for provision of the Kynd Services;
The amount (calculated on an hourly rate) to be charged to Members for Bookings;
A person who provides Support Services;
The support and services provided by the Support Pro to the Member;
b) Support Pro
We provide the Platform to:
a. help Members and Support Pros to connect and form contracts for Support Services;
b. manage the Booking of Support Services;
c. allow Members and Support Pros to securely message;
d. process payments between Members and Support Pros; and
e. provide services, inclusions and benefits, as described in our Platform (Kynd Services).
You agree that we provide the Kynd Services only. We do not engage any Support Pro as our employee, contractor, partner, joint venture party or agent and we do not provide Members with Support Services.
We have no control over the conduct of Members or Support Pros.
Members and Support Pros may enter into their own agreement relating to Support Services. If there is a difference between the agreements, these Terms apply. For the purposes of the NDIS, these Terms will apply as the overall ‘Service Agreement’ between Members and Support Pros for Support Services.
You must register on the Platform and create an account to access the Platform.
You accept these Terms when you create an account.
As a Member or Support Pro, you represent and warrant that you have the authority to be bound by these Terms. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access the Platform and they have accepted these Terms for you.
We may change these Terms at any time and provide notice on the Platform or via emailing you. In continuing to use Kynd after the date of notice, you agree to the amended terms on the Platform.
5. Your Account
You agree to add accurate, current and complete information during the registration process and you agree to regularly update this information.
You are responsible for keeping your account details, username and password confidential. You will be responsible for all activity on your account, including all Bookings for Support Services.
You agree to notify us immediately of any unauthorised use of your account.
If you, as a Member or Support Pro, are a legal entity, you, the legal entity, are the account owner, and will remain responsible for your account.
To change the account owner, you must request in writing to transfer the ownership and use of your account to an incoming party. The incoming party must provide written consent to take responsibility of your account. We will determine whether to transfer ownership of your account, in our sole discretion.
6. Your Warranties
You represent, warrant and agree that:
a. you will be responsible for your use of the Platform;
b. you will not use our Platform in any way that competes with us;
c. all information you provide related to these Terms is true and correct;
d. you have not relied on any representation or warranty made by us in relation to the Platform, including as to whether the Platform is or will be suitable for your particular purposes;
e. you must ensure that no person uses the Platform:
i. to break any law or infringe any persons’ rights (including Intellectual Property Rights (as defined below));
ii. to transmit, publish, or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing or unwanted; or
iii. in any way that interferes with, damages or interrupts the supply of the Platform; and
f. you will make all Bookings and future Bookings for Support Services with any party to whom you were first made aware of and/or first introduced to via the Platform, through the Platform only.
7. Your Responsibilities
You are expected to use the Platform in good faith at all times.
You must comply with all applicable laws when using the Platform and interacting with others.
You must bear any costs related to your Support Services and use of the Platform.
You agree to behave at all times in a way that does not damage your reputation or ours.
You agree to comply with policies as published on the Platform from time to time.
Your failure to comply with our policies may result in suspension or termination of your account.
You must not organise Support Services and Bookings including the payment of any support fees or other payments outside of the Platform. If any Bookings are BYO, the Member and Support Pro may choose to cancel any future Bookings on the Platform.
You agree to follow and comply with health, wellbeing and infection prevention and control policies and advice as directed by the Government from time to time. You agree it is your own responsibility to verify adherence to such policies by yourself and by any others you interact with for Support Services.
8. Member Terms
To use all the features of the Platform, a Member will need to add certain information for each Participant (Participant Profile) including details of their NDIS payment method (NDIS Plan).
We review requests for a Participant Profile, including details of the listed NDIS Plan.
You give permission to any plan manager or nominated third party to verify the NDIS Plan provided.
You represent, warrant and agree:
a. the Participant:
i. is covered by the NDIS as a self-managed or plan managed Participant;
ii. has a valid and current NDIS Plan;
iii. has sufficient funding in their NDIS Plan for Bookings;
b. you are solely responsible for determining suitability of Support Services;
c. the supply of Support Services through the Platform is reasonable and necessary for a Participant;
d. to immediately inform us of any change to an NDIS Plan, including if the NDIS Plan is suspended, replaced or cancelled or if a Participant has or may have insufficient funding to pay for Bookings;
e. that in the event that payment for Bookings cannot be made through an NDIS Plan, the Member will be personally responsible for payment of Support Fees in accordance with the payment terms;
f. you cannot refuse to pay Support Fees due to perceptions of the quality of any Support Services;
g. to the extent applicable, you comply with the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act);
h. that if the Participant has been convicted of a serious criminal offence against a person, in Australia or any country, you will disclose such information to Support Pros before booking Support Services; and
i. to take all reasonable and necessary steps to ensure an environment free from harm or risk to health or safety, in the location where Support Services will be provided to the Participant by a Support Pro.
You understand and agree that for verifications we conduct on Support Pros, we disclaim all warranties of any kind, either express or implied, including, but not limited to, that such verifications will determine the suitability or qualifications of Support Pros or identify prior misconduct or guarantee future conduct. We recommend you conduct your own assessments of Support Pros before booking Support Services.
9. Support Pro Terms
To become a Support Pro, at your expense, you will need to supply us with;
a. evidence of your age and identity;
b. government photo identification;
c. an Australian National Police Certificate;
d. an Australian Business Number (ABN); and
e. personal information required for your profile.
The information above will be used to create and maintain a Support Pro Listing.
We review and screen all requests for a Support Pro Listing.
We may refuse, for any reason, to approve a Support Pro Listing.
You represent, warrant and agree that:
a. you have any required skills, knowledge or training, to provide the Support Services indicated in your Support Pro Listing;
b. you have a valid Australian National Police Certificate issued within the last 36 months stating that you have ‘no disclosable court outcomes’ and you will renew and upload a new one at least 30 days prior to the expiration of the current one;
c. you have never, either in Australia, or any other country, been the subject of any legal action, complaint or restraining order, or been arrested for, charged with, or convicted of, any type of criminal offence, or been required to register as a sex offender in any jurisdiction or register with any government entity;
d. should your criminal status change at any time, you will immediately contact us and cease your provision of any Support Services through the Platform;
e. you will take all reasonable steps to ensure the safety of Members and all people you engage with while using the Platform or providing the Support Services;
f. you are solely responsible for determining which Participants to support and which Support Services to provide, including, but not limited to, the type, timing, manner, means, methods and process;
g. you are solely responsible for determining the price you charge for Support Services;
h. your payment for Support Services will equal the Support Fee minus the Platform Fee. Details of the Platform Fee are available here.
i. you are responsible for complying with all laws, rules and regulations that may apply to providing the Support Services, including, but not limited to, the NDIS Act, the NDIS Code of Conduct, the National Code of Conduct for Health Care Workers and all privacy regulations;
j. you are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the Support Services you offer. We do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide the Support Services;
k. you are responsible for any taxes payable on any fee you receive for the Support Services. We are not responsible for paying superannuation to you. If a third party deems we are to pay superannuation, any such amount will be considered as already paid as part of the Support Fees you receive;
l. you agree that through payment of the Support Fee after deduction of the Platform Fee, you are accurately remunerated for all work under these Terms, in accordance with the applicable law.
By providing the Kynd Services to you and Members, as the Support Pro, you agree to pay us the Platform Fees which will be the percentage and/or other amounts, that shall be deducted from Support Fees, as set out on the Platform.
A Member may message a Support Pro, using the Platform to discuss any Support Services.
A Member may send a request to book Support Services to a Support Pro or may ask a Support Pro to send a request to book Support Services for a Member to accept. If the Support Pro is willing and able to provide Support Services for the Member, the Member or Support Pro will, using the Platform, send an Offer to the other Party in connection with the Support Services with the details of the Support Fee.
The Support Pro or Member may accept or decline the Offer through the Platform. By accepting the Offer, the Support Pro or Member agrees that they are legally entitled to and capable of engaging, or providing, the Support Services as described in the Offer and this then becomes a Booking.
Bookings are an agreement between Members and Support Pros for the Support Services according to the Offer. Members and Support Pros are both responsible for reviewing the Offer and the suitability of the other Party before acceptance.
Once a Booking is completed, the Support Pro must submit the Booking on the Platform, including any changes. The Member is then able to approve or dispute the Booking and agrees to do so immediately and within 7 days.
If the Member has not approved or disputed a Booking within 7 days and does not respond to attempts to contact them, the Member will be deemed to have approved the Booking.
Once a Booking is approved, it becomes an Approved Booking and cannot be amended or refunded.
If the Member has opted to automatically approve Bookings, once a Booking has been submitted by the Support Pro, it will immediately become an Approved Booking.
For Approved Bookings, an invoice will be sent to the Member and the Booking will be processed for payment to the Support Pro.
If a Member contacts Kynd through any means and requests creation, modification, approval or cancellation of a Booking, the member authorises us to undertake such actions and agrees they are responsible for such actions, subject to consent or acceptance by the Support Pro when needed.
11. Payments and Fees
It is free to register an account on the Platform.
Support Pros can list hourly rates, which will be used to calculate the Support Fees, to be charged to Members for Bookings. Unless otherwise agreed, the Support Fees will include payment for any extras.
The Member and Support Pro are responsible for agreeing upon the Support Fee for Support Services before any Booking commences.
If a Member is a NDIA Participant that is plan Managed, the Support Fee must not exceed the current maximum under the NDIS price guide.
A Member will be charged for Approved Bookings only.
We will invoice and collect payment of Support Fees on behalf of the Support Pro.
Members that are self-managed Participants will be invoiced directly. Invoices for Members that are plan managed Participants will be sent directly to the nominated plan manager.
The Member agrees that invoices will be paid within 5 business days. Members who use a third party for payment of invoices agree that they will ensure the third party pays within 5 business days.
Under current law, GST is not chargeable on Support Services.
As a Support Pro, you appoint us as your limited payment collection agent solely for the purpose of accepting Support Fees from the Member.
As a Support Pro you agree to pay the Platform Fees to us.
If any Party needs to cancel a Booking, they agree to record the cancellation on the Platform.
If a Member cancels a Booking with the Support Pro on short notice (as defined under the NDIS Act or by the NDIA) (Short Notice), or does not show up for the Booking, unless otherwise agreed between a Member and Support Pro, the Support Pro may claim through the Platform, the maximum amount of Support Fees permitted for that Booking. In the Support Pro’s analysis of whether to claim the Support Fees, they agree to use their best endeavours to find alternative billable work, including rescheduling.
If a Member cancels a Booking with greater than Short Notice, no Support Fees will be payable.
If a Support Pro cancels or does not show up for a Booking, no Support Fees will be payable.
If a Support Pro needs to cancel or reschedule a Booking, they agree to use their best endeavours to give 48 hours notice to the Member.
Except as indicated above, any cancellation, variation or refund of any Booking on the Platform is strictly a matter between the relevant Member and Support Pro.
Members agree that we have no obligation to refund Support Fees paid for Approved Bookings.
Members will need to contact a Support Pro about refunds. If a Support Pro agrees to refund a Booking, the Support Pro will need to email a refund confirmation to us and pay to us the agreed refund amount. Once this amount is received, we will refund the Payment to the Member, less a $50 administration fee.
14. Platform Disputes
For disputes arising between Members and Support Pros, the parties will attempt to resolve the dispute with the other Party directly and in good faith through the Platform within 3 business days.
In the event that a dispute cannot be resolved through these means, the parties may choose to resolve the dispute in any manner agreed upon by the parties or otherwise in accordance with applicable laws.
You acknowledge and agree that Kynd may, but is not obligated to provide dispute assistance and that no agreements or outcomes of any dispute resolution will waive your obligations in these Terms.
You acknowledge that failure to resolve a dispute may result in grounds for suspension or termination.
This clause does not apply to any BYO Bookings.
You understand that we spend significant money and time to build and operate the Platform and provide you with the Kynd Services, so you can find or offer Support Services. There are no upfront fees for using the Platform, but this is strictly on the agreement that all Support Services and all Bookings with a Member or Support Pro that you became aware of and/or were introduced to via the Platform, are processed as Bookings through the Platform, with payments made through the Platform only.
You agree to not directly or indirectly solicit, retain, engage, contract or in any way entice a Member, Participant or Support Pro to have Support Services or make any payments outside of the Platform. You understand that should you breach this clause, there is legitimate loss and damage to our business.
If you breach this clause, the breaching Member and/or Support Pro agrees to pay to us within 10 business days the lesser of $2,500 Australian Dollars or 12 months of Platform Fees (calculated on the average weekly Platform Fees of the Approved Bookings to date between the Member and Support Pro, multiplied by 52 weeks) (the Release Invoice). You agree this clause is necessary to protect our legitimate business interests and that the fee is a genuine pre-estimate of the minimum loss we would suffer as a result of such breach.
Except for any Bookings that are BYO Bookings, the provisions of this clause will strictly apply, even if the Member, Participant or Support Pro no longer hold an account or actively use the Platform.
The Support Pro and Member may agree to terms and conditions with respect to confidentiality of the information they share with each other. If the Support Pro and Member do not separately agree on any terms and conditions with respect to confidentiality, clause 16.2 will apply as to how the Support Pro and Member are to treat the other party’s confidential information.
The Support Pro and Member will keep confidential the personal information, including health and medical information, that they may learn about the other through Support Services.
Members and Support Pros agree to keep our confidential information confidential and not use or permit any unauthorised use of our confidential information, including, using the same standards of care to protect our confidential information as it would its own such material.
Subject to Support Pros complying with this clause, Support Pros have the benefit of our insurance to provide cover during the Support Services for Bookings through the Platform. We provide general information about available insurance (including any terms of insurance) and it is your responsibility as a Support Pro to inform yourself of, maintain eligibility for, and comply with, the terms of our insurance, and to obtain further insurance if you believe that you are not adequately covered by our insurance.
The cost of the insurance policies will be covered within the Platform Fee.
If you are in breach of these Terms, or if there is no Booking, you will not be covered by our insurance.
You agree that you will be solely responsible for paying any applicable excess on insurance claims.
Members understand that our insurance does not provide cover to anyone other than Kynd and the Support Pros. We encourage Members to obtain insurance to provide cover in respect of any liability, including damage or loss to property and/or death of or injury to any person at your property. Members are encouraged to see if they may have a home and contents policy that may have a liability extension.
We may allow you to:
a. post, upload or publish content and information (User Content) on our Platform and access and view User Content; and/or
b. access and view content and information, including any copyright, trade marks, designs or patents, domain names; know-how, inventions, processes, trade secrets or confidential information; software, computer programs, databases or source codes (Intellectual Property), we make available on the Platform (Kynd Content), together, the Content. All other uses are prohibited without our prior written consent.
Unless otherwise indicated, we own or licence all rights, title and interest (including any industrial or intellectual property rights in respect of Intellectual Property (Intellectual Property Rights)) in our Platform and all Content. Except as set out in these Terms, you do not have any rights, title or interest in our Platform or the Kynd Content.
You must not, without prior written consent by us:
a. copy or use, in whole or part, any Content or the Platform;
b. reproduce, reverse engineer, extract, distribute, publish, disseminate or sell any Content or part of the Platform to any third party; or breach any Intellectual Property Rights connected to the Platform, including by altering or modifying any Content or the Platform, causing any Content or the Platform to be framed or embedded in another site, or creating derivatives of the Content or the Platform.
Despite anything to the contrary, to the maximum extent permitted by law, you agree to fully indemnify us and hold us fully harmless in respect of any Liability (as defined below) that we may suffer, incur or become liable for, arising from or in connection with User Content you make available on or through the Platform, including as a result of any breach of our, or a third party’s Intellectual Property Rights.
The Content is not comprehensive and is for general information only. It does not consider your specific circumstances. It is not health or medical information or advice. While we use reasonable attempts to ensure the accuracy and the completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice and we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate.
Exclusions to Liability:
a. Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise (Liability), caused or contributed to by, arising from or connected with:
i. you or your personnel’s acts or omissions;
ii. the use or results of any background or verification checks of Support Pros;
iii. any delay by a Member in paying the Support Fee;
iv. any use or application of the Kynd Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
v. any aspect of the Member and Support Pro interaction including the Support Services offered by the Support Pro, the description of the Support Services requested or offered, any advice provided and performance of the Support Services;
vi. any works, services, goods, materials or items which do not form part of the Kynd Services (as expressed in these Terms), or which have not been provided by us;
vii. any third parties or any goods and services provided by third parties, including customers, end users, suppliers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
viii. the Kynd Services being unavailable, or any delay in us providing the Kynd Services to you, for whatever reason; and/or
ix. any event outside of our reasonable control.
Limitations on Liability:
a. Despite anything to the contrary, to the maximum extent permitted by law:
i. we will not be liable for any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
ii. any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or your personnel); and
iii. our total liability arising from or in connection with these Terms will be limited to us resupplying the Kynd Services to you or, in our sole discretion, to us repaying you the amount of the Platform Fees paid by you to us in respect of the supply of Kynd Services to which the Liability relates, or where no Platform Fees are paid, $100.
Your account and these Terms may be terminated by you at any time by you emailing Kynd from your account email with the specific instruction to cancel and inactivate your account.
We may terminate these Terms at any time by giving 15 days’ written notice to you (Termination for Convenience).
We reserve the right to suspend your account or terminate these Terms immediately, if:
a. you breach a provision of these Terms or a breach is not been remedied within 7 days of notification;
b. there is any reason outside our control which compromises our ability to provide Kynd Services; or
c. we reasonably suspect you have or that you may breach a provision of these Terms; or
d. you are unable to pay your debts as they fall due.
You reserve the right to contact Kynd in writing within 14 days to contest a termination or suspension.
Upon expiry or termination of these Terms:
a. we will remove your access to the Platform and inactivate your account;
b. we will immediately cease providing the Kynd Services;
c. any payments made to us are not refundable;
d. unless otherwise agreed, any existing Bookings are still binding on us, the Support Pro and the Member. The Support Pro must pay the Platform Fee and the Member must pay the Support Fee for the relevant Booking; and
e. where we terminate these Terms for any reason other than a Termination for Convenience, you agree to pay us additional costs arising from, or in connection with, such termination.
Termination of these Terms will not affect any rights or liabilities a Party has accrued under it.
Any suspension, cancellation or termination of your account does not void any of your payment obligations to us, or to other users of the Platform, that you have incurred prior to such actions.
21. Australian Consumer Law
The Australian Consumer Law (ACL) may provide you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you, which cannot be excluded, restricted or modified (Statutory Rights). If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer for our failure to meet a consumer guarantee under the ACL.
As a Member, you may also have Statutory Rights against a Support Pro.
To the extent permitted by the ACL and any other applicable legislation, we limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the supply of the Kynd Services again; or the payment of the cost of having the Kynd Services supplied again.
Assignment: You must not transfer or deal with any of your rights or obligations under these Terms without our prior written consent.
a. If there is a dispute, controversy or claim arising from these Terms (including any question regarding its existence, validity or termination) between a Member, Support Pro or us, a Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek to resolve the dispute in good faith.
b. If the Parties cannot agree how to resolve the dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the dispute. The costs of the mediation will be shared equally between the Parties. This clause does not prevent a Party from seeking urgent injunctive or equitable relief from a court.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is due to any circumstance beyond our reasonable control.
Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your account. Any notice may be sent by standard post or email. The notice will be deemed to be served on the expiry of 3 days in the case of post, or at the time of transmission in the case of email.
Relationship of Parties: These Terms do not create a partnership, joint venture, employment or agency relationship (except to the extent set out in the payment clause as limited payment collection agent) between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
For any questions or notices, please contact:
Kynd Pty Ltd
ABN 45 615 837 762
© Kynd Pty Ltd