Terms of Service

The information on this page is general in nature. The specific supports we provide to you, and the fees that apply, are set out in your individual service agreement. If there is any inconsistency between these Terms and your service agreement, your service agreement prevails to the extent of the inconsistency.

1. Agreement to these Terms

By accessing or using the website vivaracare.site, contacting us, requesting a quote, or engaging Vivara Care Pty Ltd to provide services, you agree to be bound by these Terms of Service. If you do not agree with these Terms, you must not use this website or engage our services.

If you are acting on behalf of an NDIS participant or another person (for example, as a plan nominee, guardian or carer), you confirm that you have the authority to accept these Terms on that person's behalf.

2. About Us

Vivara Care Pty Ltd (ABN 87 702 141 339) is a provider of disability and community care services based in Perth, Western Australia. In these Terms, "Vivara Care", "we", "us" and "our" refer to Vivara Care Pty Ltd.

3. Our Services

We provide a range of disability and community care supports, which may include personal care, domestic assistance, community access, skill development, respite support and assistance with daily living. The services described on our website are general in nature and are not an exhaustive or binding description of the supports we will provide to you.

The specific supports we will deliver to you, the times and locations of delivery, and the applicable fees will be documented in a written service agreement between you and Vivara Care before services commence.

4. Service Agreements and Quotes

Before we commence providing supports, we will work with you (and, where relevant, your family, carer or support coordinator) to develop a written service agreement. This agreement will set out the supports to be provided, scheduling, fees, cancellation terms, and how the agreement may be varied or ended.

Quotes provided by Vivara Care are valid for 30 days from the date of issue unless otherwise stated, and are based on the information available at the time. For NDIS participants, our pricing will comply with the NDIS Pricing Arrangements and Price Limits in effect at the time the supports are delivered.

5. Fees, Invoicing and Payment

Fees for services are set out in your service agreement and, for NDIS participants, are charged in accordance with the NDIS Pricing Arrangements and Price Limits. Most disability supports we provide are GST-free; where GST applies to any service, this will be clearly stated on your quote or invoice.

Invoices are issued at the intervals stated in your service agreement (for example, weekly or fortnightly). Self-managed and plan-managed NDIS participants are asked to pay invoices within 14 days of the invoice date. If you are experiencing difficulty paying an invoice, please contact us as soon as possible so we can discuss options.

If an invoice remains unpaid after reminders, we may suspend services after providing you with reasonable written notice, and we may recover reasonable costs of pursuing the debt to the extent permitted by law.

6. Cancellations and Rescheduling

We understand that circumstances change. If you need to cancel or reschedule a support, please provide as much notice as possible by emailing ceo@vivaracare.site.

For NDIS participants, cancellation charges will only apply in accordance with the NDIS Pricing Arrangements and Price Limits (including the short notice cancellation rules). For other clients, any cancellation fees will be as set out in your service agreement.

If we need to cancel or reschedule a support, we will provide you with as much notice as we reasonably can and work with you to arrange a suitable alternative time where possible.

7. Your Responsibilities

• Provide accurate and up-to-date information about your needs, health, and circumstances so we can deliver supports safely.
• Provide a safe working environment for our support workers, including a home environment that is free from foreseeable hazards.
• Treat our staff and other clients with courtesy and respect. We do not tolerate violence, abuse, harassment or discrimination towards our workers.
• Give us reasonable notice of any changes to your support needs, contact details, NDIS plan or funding arrangements.
• Ensure any pets at your home are safely secured during scheduled visits, unless otherwise agreed.

If we reasonably believe that the safety or wellbeing of our workers or others is at risk, we may adjust, suspend or end the delivery of services in accordance with your service agreement and applicable law.

8. Our Responsibilities

• Deliver supports with reasonable care and skill, and in a manner that respects your dignity, privacy, culture and choices.
• Ensure our workers are suitably qualified, trained, insured and screened, including holding NDIS Worker Screening Checks where required.
• Communicate openly and honestly with you, and involve you in decisions about your supports.
• Protect your personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

9. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights that you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other mandatory rights under applicable legislation, including the National Disability Insurance Scheme Act 2013 (Cth) and its related Rules.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied or supplied again if the services fail to be of acceptable quality and the failure does not amount to a major failure.

10. Limitation of Liability

To the fullest extent permitted by law, and except as set out in your service agreement or as required by the Australian Consumer Law, Vivara Care is not liable for any indirect, incidental or consequential loss or damage arising from your use of this website or our services.

Nothing in this clause limits or excludes any liability we may have to you under your service agreement, the Australian Consumer Law, or any other law that cannot lawfully be excluded.

11. NDIS Participants

If you are an NDIS participant, the supports we deliver will be provided in accordance with your NDIS plan and the NDIS Practice Standards. Your rights under your NDIS plan and under the National Disability Insurance Scheme Act 2013 (Cth) are not affected by these Terms.

12. Website Content and External Links

The content on this website is provided for general information only. It does not constitute medical, legal, financial or other professional advice, and you should not rely on it as a substitute for advice tailored to your circumstances.

We do not guarantee that this website will always be available, uninterrupted or error-free. Where our website contains links to third-party websites, those links are provided for convenience only and do not constitute an endorsement of the content, products or services on those websites.

13. Intellectual Property

All content on this website, including text, graphics, logos and design, is owned by or licensed to Vivara Care Pty Ltd and is protected by Australian and international copyright laws. You may view, download and print content from this website for your personal, non-commercial use only. Any other reproduction, distribution or use of the content requires our prior written consent.

14. Privacy

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Your use of this website, and our provision of services to you, are subject to that Privacy Policy.

15. Complaints and Feedback

We welcome your feedback and take complaints seriously. If you have a complaint about our services, please contact us at ceo@vivaracare.site. We will acknowledge your complaint and work with you to resolve it fairly and promptly.

If you are an NDIS participant and you are not satisfied with our response, you may contact the NDIS Quality and Safeguards Commission through its website to make a complaint about our supports.

16. Changes to These Terms

We may update these Terms of Service from time to time. The current version will always be published on this page, together with the effective date. Your continued use of this website after changes are published constitutes your acceptance of the updated Terms. For services delivered under a service agreement, the terms of that agreement will continue to apply unless and until the agreement is varied or replaced.

17. Governing Law

These Terms are governed by the laws of Western Australia and the laws of the Commonwealth of Australia. You and Vivara Care submit to the non-exclusive jurisdiction of the courts of Western Australia.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

Vivara Care Pty Ltd
ABN 87 702 141 339
Perth, Western Australia
Email: ceo@vivaracare.site
Website: https://vivaracare.site