Terms and Conditions

Last Updated: 8 March 2026

These Terms and Conditions ("Terms") govern your access to and use of the Webnity Care software platform, website (webnitycare.com.au), and mobile application (collectively, the "Service"), operated by Webnity Care ("we", "us", "our"). Please read these Terms carefully before using our Service.

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

1. Definitions

• "Account" means a registered user account on the Webnity Care platform.
• "Administrator" means an authorised user with administrative privileges within an Organisations account.
• "Content" means any data, text, files, documents, images, or other materials uploaded to or generated through the Service.
• "Mobile App" means the Webnity Care mobile application available on iOS (Apple App Store) and Android (Google Play Store).
• "Organisation" means the business entity (NDIS provider, aged care provider, allied health practice, etc.) that subscribes to the Service.
• "Platform" means the Webnity Care web application and all associated services.
• "User" means any individual who accesses or uses the Service, including Administrators, team leaders, and support workers.

2. Account Registration and Access

2.1 Eligibility

You must be at least 18 years of age to create an account and use the Service. By registering, you represent that you are at least 18 years old and have the legal authority to enter into these Terms.

2.2 Account Creation

To access the Service, an Organisation must register for an account. The Organisation Administrator is responsible for:

• Providing accurate and complete registration information
• Maintaining the security of account credentials
• Managing User access within their Organisation
• Ensuring all Users within their Organisation comply with these Terms

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to:

• Not share your login credentials with any other person
• Enable Multi-Factor Authentication (MFA) when prompted
• Notify us immediately of any unauthorised access to your account
• Accept responsibility for all activities that occur under your account

3. Use of the Service

3.1 Permitted Use

You may use the Service solely for the purpose of managing care operations, including but not limited to:

• Staff rostering and shift management
• Compliance document management
• Client/participant care management
• Billing, invoicing, and claims processing
• Team communication and messaging
• Incident reporting and tracking
• Timesheet and attendance management

3.2 Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to the Service, other user accounts, or our systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit harmful code, viruses, or malicious software
• Interfere with or disrupt the Service or its infrastructure
• Use automated scripts, bots, or scrapers to access or extract data from the Service
• Resell, sublicense, or redistribute the Service without our written consent
• Upload or transmit Content that is defamatory, obscene, or otherwise objectionable
• Use the Service in a manner that could damage, disable, or impair its functionality

4. Mobile Application

4.1 Mobile App License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download and use the Mobile App on a device that you own or control, solely for the purpose of accessing the Service.

4.2 Device Permissions

The Mobile App may request access to certain device features, including:

• Location Services: Required for geofenced clock-in/out functionality. Location is accessed only when you actively perform a clock-in or clock-out action.
• Camera: Used for uploading profile photos and compliance documents.
• Notifications: Used for delivering shift reminders, messages, and important alerts.
• Storage: Used for downloading and viewing documents.

You may manage these permissions through your device settings. Disabling certain permissions may limit the functionality of the Mobile App.

4.3 App Store Terms

Your use of the Mobile App is also subject to the terms and conditions of the applicable app store (Apple App Store or Google Play Store). In the event of a conflict between these Terms and the app store terms, these Terms shall prevail to the extent permitted.

5. Subscription and Payment

5.1 Subscription Plans

Access to the Service is provided on a subscription basis. Details of available plans, pricing, and included features are available on our Pricing page or as agreed in a separate service agreement.

5.2 Payment

• Subscription fees are billed in advance on a monthly or annual basis as agreed
• All fees are quoted in Australian Dollars (AUD) and are exclusive of GST unless otherwise stated
• Payment is due on the date specified in the invoice or service agreement
• Late payments may result in suspension of access to the Service

5.3 Changes to Pricing

We reserve the right to modify our pricing. We will provide at least 30 days' notice of any pricing changes. Continued use of the Service after pricing changes take effect constitutes your acceptance of the new pricing.

5.4 Refund Policy

Subscription fees are generally non-refundable. If you believe you are entitled to a refund due to a service issue, please contact us to discuss your situation.

6. Content and Data

6.1 Your Content

You retain ownership of all Content that you upload or create through the Service. By uploading Content, you grant us a limited licence to store, process, and display your Content solely for the purpose of providing the Service.

6.2 Data Responsibility

The Organisation is responsible for:

• The accuracy and legality of all Content uploaded to the Service
• Obtaining necessary consents from individuals whose personal information is entered into the Service
• Complying with the Australian Privacy Act 1988 and applicable privacy laws regarding Content
• Ensuring that Content complies with NDIS and aged care regulatory requirements

6.3 Data Export

Upon written request, we will provide a copy of your Content in a standard format. Data export may be subject to reasonable fees for large data volumes.

6.4 Data Deletion

Upon termination of your subscription, we will retain your data for a period of 90 days to allow for data export. After this period, your data will be securely deleted, unless retention is required by law (e.g., NDIS record-keeping requirements).

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its software, design, graphics, logos, text, and documentation, is owned by Webnity Care and is protected by Australian and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property.

7.2 Trademarks

"Webnity Care", the Webnity Care logo, and all related marks are trademarks of Webnity Care. You may not use our trademarks without our prior written consent.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a non-exclusive, royalty-free, perpetual licence to use, develop, and implement that feedback.

8. Availability and Support

8.1 Service Availability

We aim to provide 99.9% uptime for the Service. However, we do not guarantee uninterrupted access and the Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide reasonable advance notice)
• Emergency maintenance or security updates
• Factors beyond our reasonable control (force majeure events)

8.2 Support

We provide customer support during business hours (Australian Eastern Standard Time). Support is available via email, phone, and in-app channels as specified in your subscription plan.

9. Limitation of Liability

9.1 Disclaimer of Warranties

To the maximum extent permitted by Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), the Service is provided "as is" and "as available" without warranties of any kind, whether express or implied.

9.2 Limitation

To the maximum extent permitted by law, our total liability to you for any claims arising from or related to the Service shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

9.3 Exclusions

We shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your failure to maintain adequate backups
• Damages arising from your breach of these Terms
• Actions or omissions of third-party service providers

9.4 Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that you may have under the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Indemnification

You agree to indemnify, defend, and hold harmless Webnity Care and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your breach of these Terms
• Your violation of any applicable law or regulation
• Any Content you upload or transmit through the Service
• Your infringement of any third-party rights

11. Termination

11.1 Termination by You

You may terminate your subscription at any time by providing written notice. Termination will take effect at the end of your current billing period. No refunds will be provided for unused portions of the current billing period.

11.2 Termination by Us

We may suspend or terminate your access to the Service if:

• You breach any provision of these Terms
• Your subscription fees remain unpaid for more than 14 days past the due date
• We are required to do so by law or regulatory action
• We reasonably believe your use of the Service poses a security risk

11.3 Effect of Termination

Upon termination:

• Your right to access the Service will cease immediately
• All outstanding fees become immediately due and payable
• We will retain your data for 90 days for export purposes (see Section 6.4)
• Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting updated Terms on our website with a revised "Last Updated" date
• Sending an email or in-app notification for significant changes

Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service.

13. General Provisions

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of South Australia, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of South Australia.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreement, constitute the entire agreement between you and Webnity Care regarding the use of the Service.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.4 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

13.5 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 without your consent.

13.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, internet outages, or utility failures.

14. Contact Us

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

• Business Name: Webnity Care
• Email: info@webnitycare.com.au
• Phone: 08 8472 9519
• Mobile: 0420 769 229
• Address: Adelaide, SA 5000, Australia