Leap in! Service And App Terms Of Use

Welcome to Leap in!

These Terms of Use (‘Terms’) govern your use of the websites and mobile apps that are owned or operated by Leap in! Australia Pty Ltd ABN 92 622 499 898 (collectively, “our websites and mobile apps”). In these Terms any references to “us”, “we”, “our” or “Leap in!” means Leap in! Australia Pty Ltd and any of its subsidiaries, group businesses, or business partners. Please read them carefully, your access and use of the Leap in! Service is subject to these Terms.

By accessing, downloading or using our websites and mobile apps, you agree with these Terms and any additional terms, conditions, notices and disclaimers located on our websites and mobile apps. If you do not agree to these Terms, do not access, download or use our websites and mobile apps.

We may change these Terms at any time. When we make changes, we will publish updated Terms on the Leap in! website. Your continued use of our websites and mobile apps will confirm your acceptance of the updated Terms.

We may restrict or block your access to our websites and mobile apps at any time if we reasonably believe that you have breached these Terms.

About Leap in! and the Leap in! Service.

Leap in! is a multi-party information sharing platform designed to capture the information required for a NDIS planning or review meeting and to facilitate a connected and optimised experience between Members and supports/service providers. Based on the information you provide, Leap in! may also present information relating to third party products or services.

The Plan Management section of the Service is designed to help you manage your NDIS budget and its outcomes including the choice and control which comes with a visibility of the status of your specific funding categories, spending and commitment of funding to various support providers and your service agreements with them (where relevant) for the purpose of managing your finances to achieve your goals as part of your NDIS plan.

To do this, the Service consolidates and tracks your NDIS funding categories, providers, service agreements and financial information.

The Service is provided by Leap in! without charge (it is free) for NDIS plan meeting pre-planning and includes a Plan Management section which is available to Members when they request to access Leap in! intermediary services. This service is also free for Members as, when agreed with the NDIS, the Agency will include extra funds in the Member’s plan to cover the cost of a plan manager.

The Leap in! Service is not intended to provide legal, tax or financial advice. Leap in! does not hold any Financial Services Licences and cannot give financial advice. Any information provided to you by us is general information and relates specifically to your NDIS plan funds.

The Service will evolve over time based on user feedback and we may modify or enhance the Service. We will provide you with reasonable notice of these changes if they have a significant effect on your usage of the Service.

In the Service, any currency references are references to Australian dollars unless otherwise specified.

General terms.

You are responsible for any activity that occurs through your Account and you agree you will not sell, transfer, license or assign your Account, followers, username, or any Account rights.
With the exception of people or businesses that are expressly authorised to create Accounts on behalf of Members, you agree that you will not create an Account for anyone other than yourself. You also represent that all information you provide to Leap in! at the creation of an Account and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You agree that you will not solicit, collect or use the login credentials of other Leap in! users.
You are responsible for keeping the confidentiality of your Account identification and password secure.
You may not use the Service for any illegal or unauthorised purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Leap in!
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Leap in! users.
You are responsible for ensuring the level of multi-party access and the accuracy of the details of your family, friends, providers and individuals from your support network (Crew) that you add to your profile of the Leap in! Service.
You may not post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on or via the Service.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Leap in! page is rendered or displayed in a user’s browser or device.
You must not create accounts with the Service through unauthorised means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms of Use or any other Leap in! terms or policies.
You agree that you are responsible for all data charges you incur through use of the Service.
We reserve the right to refuse access to the Service to anyone for any reason at any time.
We may, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that we determine in our sole discretion violates these Terms.

Violation of these Terms may, in Leap in!s sole discretion, result in termination of your Account. You understand and agree that Leap in! cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Leap in! we can stop providing all or part of the Service to you.

Intellectual property rights.

Our intellectual property.

You must not use our websites or mobile apps in a way that infringes the intellectual property rights of any person.

Our name and logos are registered trademarks and may not be used without our prior written consent. All materials displayed on or available through our websites or mobile apps, including without limitation all names, logos, data, information, graphics, videos, software, technology or processes (“Materials”) are protected by copyright, trademark and other intellectual property laws.

The Materials are owned by us or third parties and are available for your personal use only.

You must not copy, modify, alter, download, store, publish, transmit, broadcast, distribute, sell or transfer any Materials unless expressly provided for in these Terms or with our prior written permission. Downloading Materials from our websites or mobile apps does not transfer any right in or ownership of such Materials to you. Downloaded Materials must be used solely in accordance with these Terms. You must not remove any copyright and other proprietary notices from the Materials.

Your content.

You represent and warrant that you own the content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms. You also represent and warrant that the posting and use of your content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through the Service. Additionally, you have the legal right and capacity to enter into these Terms in your jurisdiction.

You agree that Leap in! is not responsible for, and does not endorse, content posted within the Service. Leap in! does not have any obligation to pre-screen, monitor, edit, or remove any content. If your content violates these Terms, you may bear legal responsibility for that content.

If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Third party links.

Our websites and mobile apps may provide links to or allow you to interact with other websites or apps which are owned or operated by third parties. Links to other websites or apps are provided for your convenience. We do not control these other websites and apps and we cannot be responsible for the content, accuracy of the information or functionality on these websites and apps. Unless expressly stated on our website or mobile app, the provision of a link to an external website or app does not constitute an endorsement or approval of that website or app or any of the products or services or functionality on that website or app. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access or use of such sites or apps.

By utilising the Leap in! Service, you consent to our disclosure of your relevant personal information with our software provider and the operator of that website or app for the purposes of processing your request for a variety of functions including the facilitation of NDIS payments to your chosen support providers. We will disclose such personal information in accordance with our Privacy policy.

If you choose to leave our website or mobile app via links to other websites or apps which are owned or operated by third parties, including advertisers, we are not responsible for the acts, omissions and privacy practices of those sites or apps. Before disclosing your personal information or using other websites or apps, we recommend that you examine the privacy policies as well as the terms and conditions of those websites or apps, as they may differ from these Terms and our Privacy policy.

You must obtain our written permission to make any hyperlinks with this website and/or mobile app.

Limitation of Liability and Disclaimer of Warranties

These Terms apply except to the extent of any inconsistency with any applicable law (including consumer protection laws), in which event such law will prevail to the extent of the inconsistency. If any provision of these Terms is void, illegal, invalid or unenforceable, the Terms will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable.

Leap in! makes no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on our websites and mobile apps. Like any written materials, the information provided on our websites and mobile apps may become out-dated over time. Leap in! undertakes no obligation to correct or update any content or information on our websites or mobile apps. Leap in! may make improvements and/or changes in content about the products or services described on our websites and mobile apps at any time without notice, and reserves the right to alter or delete content and information from our websites and mobile apps at any time.

To the fullest extent permitted by law, our websites and mobile apps are provided “as is”, “as available” and “with all faults” basis. To the fullest extent permissible, neither Leap in! nor its parent company nor any of their directors, managers, officers, employees, and other representatives make any representations or warranties or endorsements of any kind whatsoever, express or implied as to (a) the Service; (b) the Leap in! content; (c) user content; or (d) security associated with the transmission of information to Leap in! or via the Service.

Leap in! does not guarantee that our websites and mobile apps will be fault or virus fee or that access to our websites and mobile apps will be uninterrupted.

To the fullest extent permitted by law, neither Leap in! nor any affiliate nor any party involved in creating, producing or delivering our websites and mobile apps will be liable for your use of or reliance on our websites and mobile apps under any circumstances, including negligence or misrepresentation (excluding fraudulent misrepresentation). Neither shall Leap in! be liable for any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of our websites and mobile apps, even if Leap in! is informed of the possibility of such damages.

Indemnity

You agree to indemnify and defend us, and each of our directors, managers, officers, employees, and other representatives for all damages, losses, penalties, fines, expenses and costs (including legal costs) where direct or indirect which arise out of or relate to use of the Leap in! Service, any information that you provide to Leap in! and any damage that you may cause to the Leap in! Service. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trademark infringement and misleading and deceptive conduct. In other words, this is a full coverage indemnity.

Representation

If these Terms are accepted by a Member’s guardian, financial manager, support coordinator, attorney, nominee or other representative (Representative), the Representative represents and warrants to Leap in! that upon accepting these Terms on behalf of the Member, they have the full power and authority to accept these Terms and each time they use Leap in!, they have full power and authority to do so on behalf of the Member.

The Representative indemnifies, and will keep indemnified, Leap in! it’s directors, managers, officers, employees, and other representatives harmless from any loss, claim or legal liability (including legal fees) against, and must pay Leap in! on demand the amount of any loss which Leap in! pays, suffers, incurs or is liable for arising from or any costs incurred in connection with the representations and warranties given above being incorrect, inaccurate and/or misleading when made.

Assigning terms

You agree not to assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Leap in! Any purported assignment or delegation by you without the appropriate prior written consent of Leap in! will be null and void.

Leap in! may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third party beneficiary rights.

Applicable Laws

Although this website is accessible worldwide, content is intended only for residents of Australia. Nothing on this website should be interpreted as a promotion or solicitation for any product or service of any nature that is not authorized by the laws and regulations of the country where you are located.

We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Leap in! provides.

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia without giving effect to any principles of conflicts of law.

Privacy

Your privacy is important to us. You consent to the use, transfer and disclosure of personal information by us in accordance with our Privacy policy. Our website and mobile app use cookies and tracking tools to improve the content and functionality of our Service. Our use of cookies and tracking tools is managed in accordance with our Privacy policy.

Minors

Our websites and mobile apps are for a general audience. Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet and use of mobile apps.

The effective date of these Terms is 12 March 2018.