Terms of Use for Using MyCareSpace

These terms and conditions (Terms) are entered into between Access Care Australia Pty. Ltd. t/as MyCareSpace ABN 78 609 836 679 (we, us or our) and you, together the Parties and each a Party. 

In these Terms, you means (as applicable) the person or entity registered with us as either a User or Subscriber or the individual accessing or using the Platform.

Important Information

We will handle your personal information in accordance with our privacy policy, and nothing in these Terms limits your rights under the Australian Consumer Law.

Our complete Terms and conditions are set out below. Before you become a customer, here are the key points you should know:

1. About Our Services

MyCareSpace is a free community service that connects people living with a disability, their families and carers, with easy-to-read information about the NDIS and with the disability supports they need to live full and independent lives.

What We Do and Our Responsibilities

We operate a platform that connects people with disability (Users) with service providers (Subscribers or Partners). Our Platform also:

• provides information about the NDIS and My Aged Care;
• hosts a provider directory;
• offers social networking and discussion forums; and
• provides news and educational content about disability and Aged Care services.

What We Don't Do

We are a marketplace platform only. We:

• do not provide disability support or Aged Care services;
• are not party to agreements between Users and Subscribers;
• do not control the conduct of Users or Subscribers; and
• do not guarantee the quality of services provided by Subscribers.

Platform Availability

We are responsible for providing and maintaining the Platform, but we do not promise it will always be available. The Platform may be unavailable due to scheduled maintenance, emergency maintenance, or third-party service disruptions (e.g., hosting providers). We will try to give you reasonable notice of disruptions where possible.

2. Using the MyCareSpace Platform

Age Requirements

You must be at least 18 years old to create an account. A parent or guardian may create an account on behalf of a minor or an adult who does not have legal capacity.

Accepting These Terms

You accept these Terms by:

• checking the acceptance box;
• clicking "I accept";
• registering on the Platform; and
• using the Platform or our services.

Using MyCareSpace on Behalf of Others

Companies: If you are using MyCareSpace for your employer or a business, you confirm you are authorised to bind that organisation to these Terms.

Individuals: If you are using the Platform as the legal representative of a minor or an individual who does not have legal capacity, the word "you" in these Terms means you and the individual.

Support Coordinators: If you are using the Platform on behalf of a client, you must ensure you have the authority to disclose your client's personal information.

Changes to These Terms

We may update these Terms by giving you written notice. You will have 30 days to review changes. If you click "I accept" or continue using the Platform after this period, you accept the new Terms. If you do not agree, you can cancel your account as described in Section 13.

Platform Licence

Subject to you following these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

Safe Use of the Platform

When using the Platform, you must not:

• Privacy and Legal: breach anyone's privacy or legal rights, upload personal or private information about a person without their consent, or use the Platform for unlawful purposes.
• Conduct: defame, harass, threaten or offend anyone, interfere with other users, or send unsolicited messages or spam.
• Technical: tamper with or modify the Platform, transmit viruses or malicious code, use data mining, robots or automated tools, or access unauthorised data or accounts.
• Circumvention: attempt to bypass Platform features or fees, or facilitate others doing any prohibited acts.

Platform Accuracy

We make reasonable efforts to ensure Platform content is accurate, but we do not guarantee the accuracy or completeness of all information, the quality of services in Subscriber Listings, or the availability of specific services.

Third-Party Links and Affiliate Relationships

The Platform may contain links to third-party websites. We do not control or approve third-party content and are not responsible for those websites. We recommend you investigate third-party sites yourself.

Financial Disclosure

We may receive benefits including referral fees from third-party websites (Affiliate Links) and service fees from Subscribers. We may also receive service fees from certain Subscribers for services we provide to them.

Conflict of Interest Disclosure

MyCareSpace is part of a group of companies (Related Companies). If we refer you to a Subscriber that is a Related Company, we will let you know as this constitutes a conflict of interest. We want you to be aware of this potential conflict, have enough information to make informed choices, and know that you can choose services from other providers. You can request a copy of our conflict of interest policy by contacting us.

You understand there is no advantage and no disadvantage to you or to us if you use services from us and one of our Related Companies.

3. Your Account

Registration Requirements

To use MyCareSpace features, Users and Subscribers must register and create an account, providing accurate information including:

• your name or business name;
• contact details;
• email address; and
• a username and password.

The information you provide when creating an account will be used to create a profile that you can amend at any time.

Username Rules

Your username must not:

• be offensive or insulting;
• use someone else's name or trademark; or
• impersonate another person or business.

Account Limits

You may only have one account as a User and one account as a Subscriber.

Keeping Your Account Secure

You must keep your password confidential, keep your account information up to date, not share your account with others, and notify us immediately of any unauthorised use. You are responsible for all activity on your account.

Additional Requirements for Subscribers – NDIS Services

If you are registering as a Subscriber providing NDIS services, you must provide:

• ABN or ACN of your organisation;
• proof of insurance (certificate of currency);
• details of the services you provide;
• NDIS provider registration certificate (if applicable);
• any banning orders (past or present);
• proof of relevant qualifications, professional registrations, certifications or skills appropriate to the services you intend to offer through the Platform;and
• any additional verification documents we may request.

Additional Requirements for Subscribers – My Aged Care

If you are registering as a Subscriber who provides services to Aged Care participants, you must provide:

• your registration status;
• registration categories;
• details of the services you provide;
• proof of insurance (certificate of currency);
• any banning orders (past or present); and
• any additional verification documents we may request.

Account Approval

We review all Subscriber applications before approval. We may set conditions for accessing certain Platform features, including identity verification, service quality thresholds, review ratings, and cancellation history.

We may refuse to create an account (at our sole discretion) if you do not provide requested or adequate information, or false and misleading information, or if information suggests you are not suitable to provide services, including if you fail to provide satisfactory proof of relevant qualifications, professional registrations, certifications or skills appropriate to the services you intend to offer through the Platform or if you do not meet our quality or safety standards.

4. How MyCareSpace Works

For Users

1. Create your account and profile.
2. Browse Subscriber Listings to find services you need.
3. Send a Request for a service through the Platform.
4. The Subscriber will contact you within 48 hours.
5. Discuss and arrange services directly with the Subscriber.
6. After receiving services, leave a Review.

For Subscribers

1. Create your account and choose a Subscription plan.
2. Your Subscriber Listing will be created based on the information you provide. You must review your listing, keep it accurate and up to date, and notify us of any changes as soon as possible.
3. Respond to Requests for your services within 48 hours.
4. If you cannot accept a Request, notify us immediately so we can recommend another provider.
5. Provide services in accordance with your agreement with the User.

Making and Accepting Requests

Directly Contacting Subscribers: Users can search the Subscriber directory and connect with Subscribers using the contact details in the directory.

Making a Request: Users can also make a Request through the Platform for specific services. MyCareSpace will review the Request and make a referral to appropriate Subscribers. Requests must not be discriminatory or contrary to our Code of Conduct. We may decline to process such Requests.

Accepting a Request: Subscribers can accept or reject Requests made through the Platform. By accepting a Request, you confirm that you are legally entitled to provide the services, have the necessary qualifications and registrations, and can deliver the services as described.

Relationship Between Users and Subscribers

We are not party to any agreement entered into between a User and a Subscriber and have no control over the conduct of Subscribers, Users or any other users of the Platform.

When a Subscriber joins our Platform, we check whether they are a registered provider, whether they have insurance, and whether their ABN is valid. Important: This information may change. Always verify that the Subscriber meets your needs.

We recommend that all Users enter into a service agreement before receiving services from a Subscriber. These agreements are between you and the other party only — we are not involved.

Responsibilities of Users

• Comply with these Terms.
• Ensure all information you provide is true and accurate.
• Update your account and profile if your details change.
• Ensure services provided by a Subscriber meet your needs and requirements.
• Give the Subscriber all information they need to deliver services.

Responsibilities of Subscribers

Legal Compliance

If you are a Subscriber, you must:

• comply with these Terms;
• comply with all laws, rules and regulations for providing your services, including the NDIS Code of Conduct and the Aged Care Standards;
• hold appropriate NDIS registration (where required);
• hold and maintain your registration as a My Aged Care Provider (if applicable);
• promptly notify us of any changes to your registration with the NDIS Commission or the Aged Care Commission; and
• handle all personal information obtained through the Platform in accordance with these Terms and all applicable laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

Professional Standards

• Ensure all staff have required screening checks and are appropriately qualified with required skills and training.
• Monitor relevant banned lists to ensure your staff can legally work with vulnerable people.
• Respond to User complaints professionally and promptly.
• Maintain all required insurance consistent with industry standards and provide evidence when requested.
• Disclose all conflicts of interest.

Services and Independence

All Subscribers must provide services professionally and safely and enter into service agreements with Users. Subscribers determine which requests to accept, what services to provide, and what fees to charge. You and your staff are not our employees and are not entitled to employment benefits. We do not supervise, direct or control your services, nor do we provide training, equipment or materials. You are responsible for taxes on your fees.

Code of Conduct

Users and Subscribers must comply with our Code of Conduct. We may close your account or decline to process your Request if you do not comply.

5. Subscriptions and Fees (Subscribers Only)

Subscription Plans

After creating your account, you will choose a Subscription plan which includes a fee (Subscription Fee). Different plans offer different features and pricing.

Subscription Terms

Initial Term: Your subscription starts when you select your plan and continues for the period you choose (3 months, 6 months or 12 months).

Automatic Renewal: Your subscription automatically renews for the same period as the Initial Term unless you cancel (Renewal Term). You will be charged the Subscription Fee at the start of each term.

Cancelling or Changing Your Subscription

To cancel or change your subscription:

• Give us at least 7 days' notice before your next payment date.
• Notify us through your account settings or by email to: [email protected].

If you upgrade or downgrade, the new fee applies from your next payment date. You will lose Platform access from the cancellation date and your account will be closed. To the maximum extent permitted by law, fees already paid are non-refundable (except as required by law).

Changes to Subscriptions and Fees

We may change Subscription features and/or fees. We will give you 30 days' notice of any changes. If you do not agree, you can cancel your subscription.

Promotional Opportunities

Subscribers can purchase additional promotional features, such as featured placement in email marketing, homepage advertising and/or priority listing. These are subject to separate terms and additional fees.

Service Agreement

We may also enter into separate agreements with Subscribers in relation to additional services and any service fees payable (Service Agreement). Where there is any inconsistency between these Terms and the Service Agreement, the Service Agreement will prevail to the extent of the inconsistency.

6. Subscriber Payments

Payment Methods

We accept payment methods shown on the Platform and may use third-party payment processors. We are not responsible for third-party payment provider actions. Their terms may also apply.

Payment Requirements

You must only use lawful payment methods, not attempt fraudulent payments, and be authorised to use any payment card you provide.

Late Payments

If you do not pay on time, we may suspend your Platform access and charge interest at the Reserve Bank of Australia cash rate plus 2% per annum (calculated daily, compounding monthly).

7. Reviews and Feedback

Leaving Reviews

Users can leave Reviews about their experience with Subscribers on the Platform. Reviews help Users make informed decisions about services.

Review Visibility

Reviews can be viewed by anyone using the Platform and will remain visible until the relevant User account is closed.

Review Requirements

All Reviews must be true, accurate, fair, balanced, specific, and based on your actual experience with the Subscriber.

Who Can Write a Review

You can write a Review if you are a User who has engaged the Subscriber through the Platform or can otherwise document your interaction with them. Your experience must have occurred within the last 12 months, and you can only review your own experience — not someone else's.

Review Restrictions

You cannot write a Review if you:

• own, previously owned, or have a family member who owns the Subscriber's business;
• are an employee, executive or contractor of the Subscriber; or
• own or work for a direct competitor of the Subscriber.

Incentivised Reviews

If a Subscriber offered you an incentive (gift, discount or reward) to write a Review, you must disclose this in your Review.

Our Review Moderation

We may delete Reviews or ban users from posting if Reviews are untrue, unfair, inaccurate, offensive, inappropriate, or in breach of these Terms or any applicable law. We do not review every Review before it is posted and are not responsible for Review content (except as required by law).

8. Communication, Privacy and Confidentiality

Communication Channels

Users and Subscribers can communicate through our private messaging service on the Platform and through contact details listed in Subscriber profiles. You must not use contact details to arrange services off the Platform in order to avoid paying our fees.

Communication Preferences

Users: You can specify a communication preference in your account. By using our Platform and/or making a Request you understand that:

• we will use our best endeavours to contact you in accordance with your recorded preference, but this may not always be possible;
• your personal information, including your communication preference, will be shared with Subscribers when you make a Request; and
• once your information is shared with a Subscriber, they will handle it in accordance with their own Privacy Policy.

We are not responsible for monitoring or ensuring that a Subscriber contacts you in accordance with your stated preference. We cannot control how a Subscriber handles your personal information once it has been disclosed to them.

Marketing: If you have signed up to receive marketing and email updates, these will be sent by email even if your communication preference is listed as "phone or SMS".

Subscribers: You must only contact Users in accordance with their documented preferred communication method and must comply with all applicable laws, including the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

Our Privacy Policy

We handle all personal information in accordance with our Privacy Policy. You must only provide us with personal information that you are authorised to share (e.g., you have the person's consent).

When you make a Request, your personal information will be disclosed to a Subscriber so they can contact you. Once disclosed, we cannot control how that Subscriber uses your information, although we take reasonable steps to ensure compliance with all relevant privacy laws.

Confidentiality

Users and Subscribers must not:

• disclose confidential information from the Platform, or about other Users or Subscribers, to third parties;
• misuse confidential or personal information; or
• share personal information about other Users (unless authorised by these Terms or by law).

Reporting Requirements

If we are required by law to report on our activities, you agree to provide requested information and respond within reasonable timeframes. We will report NDIS Code of Conduct or Practice Standards breaches to the NDIS Commission and may suspend your account without notice.

9. Intellectual Property and Content

Our Intellectual Property

All intellectual property in the Platform — including copyright, trademarks, content, software and design — belongs to us and remains our property at all times.

What You Cannot Do

Without our prior written consent, you must not:

• copy our intellectual property;
• reproduce, distribute, sell or publish our content;
• modify or alter our intellectual property;
• frame or embed our content in another website; or
• create derivative works from our intellectual property.

Sharing Our Content on Social Media

You may share our content on social media or a blog provided you do not claim to own it, do not claim we endorse you (unless agreed in writing), do not damage our reputation, do not use it illegally or deceptively, and otherwise comply with these Terms.

Content You Upload

User Content: You may post Reviews, comments and other content on the Platform (User Content).

Social Media Campaigns: We may run campaigns encouraging you to post User Content using specific hashtags.

Licence to Us: When you post User Content, you grant us a worldwide, perpetual, irrevocable, non-exclusive licence to use, copy, modify, distribute and display your content on the Platform and our social media channels.

Removal Requests: Email us to request removal of your User Content. We will action requests within a reasonable time.

Your Content Warranties

By posting User Content you confirm that:

• you own the content or have all necessary rights to share it;
• the content does not infringe any third-party rights;
• the content does not violate any laws; and
• you are solely responsible for your content.

We may remove any User Content at any time at our discretion. We do not endorse or approve User Content.

10. Australian Consumer Law

Your Consumer Law Rights

Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer rights, warranties, guarantees and remedies relating to our provision of the Platform that cannot be excluded, restricted or modified (Consumer Law Rights).

Our Obligations Under the Australian Consumer Law

If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights. Subject to those rights, we exclude all express and implied warranties. All material, work and services (including the Platform) are provided to you without warranties of any kind.

Subscriber Obligations Under the Australian Consumer Law

As a User, the services provided by a Subscriber may also confer rights under the ACL, including the right for services to be delivered with due care and skill. If you believe a Subscriber has breached the ACL, you can report them as set out below.

11. Complaints and Disputes with MyCareSpace

If you have a complaint about the Platform, please contact us at [email protected]. We take all complaints seriously and will contact you to discuss your complaint.

If we cannot resolve your complaint, either party may refer the matter to a mediator. If we cannot agree on a mediator, either party may ask the Law Society of New South Wales to appoint one. The costs of mediation will be shared equally between the parties. Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

12. Disputes Between Users and Subscribers

Initial Steps

We encourage parties to attempt to resolve disputes (including claims for returns or refunds) directly and in good faith, either on the Platform or through external communication. In the event that a dispute cannot be resolved, the parties may resolve it in any agreed manner or in accordance with applicable laws.

How to Escalate a Complaint

Complaints to MyCareSpace

Users and Subscribers can also make a complaint about another User or Subscriber to MyCareSpace. We take all complaints seriously and will investigate them. If there are serious or repeated complaints about a User or Subscriber, we may suspend or terminate that account.

If you lodge a complaint with us, you understand that we may ask you to participate in an investigation, request additional information, and report the matter to relevant authorities including the police.

Serious Incidents

If your complaint involves an incident or injury, you must notify us immediately. We are required to report serious incidents to the NDIS Quality and Safeguards Commission or the Aged Care Commissioner.

13. Terminating These Terms and Closing Your Account

How Users Can Cancel

Users can close their Account at any time by using the email link in their Account settings to get in touch with [email protected]

How Subscribers Can Cancel

Subscribers can close their account by giving us 7 days' written notice by email.

How We Can Cancel Your Account

We may terminate your account or stop providing the Platform by giving you 14 days' written notice. 

Immediate Termination of Subscriber Accounts

We may immediately suspend or terminate a Subscriber account if:

• a government agency (such as the NDIS Quality and Safeguards Commission or the Aged Care Commissioner) is investigating you for misconduct;
• you are unable to provide, or fail to provide within a reasonable time specified by us, satisfactory proof of qualifications, professional registrations, certifications or skills appropriate to the services you offer or intend to offer through the Platform;
• we reasonably suspect you have breached applicable laws;
• we reasonably suspect you have breached these Terms; or
• we receive complaints from Users about your services.

Termination for Breach

Either party may terminate immediately if the other party breaches a material term of these Terms and does not fix it within 10 business days of written notice, or cannot pay its debts when due.

Material breaches for Subscribers include repeatedly receiving reviews below 3 stars and receiving User complaints (any number may constitute a breach). We may suspend your account while investigating suspected breaches.

If you are a Subscriber and terminate these Terms because of our breach, we will process a pro-rata refund for any time remaining in your Subscription Period.

What Happens When Your Account Closes

When your account is closed, these Terms will also terminate and you will no longer have access to the Platform. All outstanding Requests will be cancelled. Termination does not affect rights or liabilities already accrued, or any rights you may have under the Australian Consumer Law.

14. Liability

What We Are Not Responsible For

To the maximum extent permitted by law, we are not liable for:

• User–Subscriber Interactions: any aspect of the services offered by Subscribers, including quality of service, advice given, or the description of services requested.
• External Factors: any events outside our reasonable control, including third-party service provider actions or information accuracy on linked websites.
• Your Actions: your breach of these Terms, any untrue or inaccurate information you provide, or your failure to verify a Subscriber's suitability or a User's needs and funding levels.

Liability Limits

To the maximum extent permitted by law:

• neither party will be liable for Consequential Loss; and
• each party's liability will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other party, including any failure to mitigate losses.

Your Indemnity to Us

If you are a Subscriber, you agree to compensate us for any Liability we may suffer due to your breach of the communication, privacy and confidentiality or intellectual property clauses of these Terms, or a claim made by a third party or regulatory authority arising out of your breach of any laws, regulations, codes or guidelines.

15. General Terms

• Governing Law: These Terms are governed by the laws of New South Wales. Both parties submit to the exclusive jurisdiction of New South Wales courts.
• Relationship of Parties: These Terms do not create a partnership, joint venture, employment or agency relationship between the parties.
• Severability: If any provision is invalid or unenforceable it will be read down as narrowly as necessary, or severed from these Terms without affecting the remaining provisions.
• Survival: The following clauses survive termination of these Terms: Communication, Privacy and Confidentiality; Australian Consumer Law; Complaints and Disputes with MyCareSpace; Disputes Between Users and Subscribers; Terminating These Terms and Closing Your Account; and Liability.

16. Definitions

Australian Consumer Law (ACL) means the consumer protection law contained in the Competition and Consumer Act 2010 (Cth).

Consequential Loss includes 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.

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Liability means 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, or contingent and whether involving a third party or a party to these Terms or otherwise.

NDIA means the National Disability Insurance Agency, the independent government organisation managing the NDIS.

NDIS means the National Disability Insurance Scheme under the National Disability Insurance Scheme Act 2013 (Cth).

NDIS Code of Conduct means the code of conduct for NDIS providers as amended from time to time.

Personal Information means information about an identified or identifiable individual.

Platform means the MyCareSpace website, app and all related services.

Last updated: 31 May 2026