Terms of Service and Website Terms of Use

These Terms of Service and Website Terms of Use (“Terms”) apply to your use of the website operated by Rising Sun Support Services Pty Ltd (“Rising Sun”, “we”, “our” or “us”).

By accessing or using our website, submitting an enquiry or using an online feature provided through our website, you agree to these Terms.

If you do not agree with these Terms, please do not use the website.

Rising Sun Support Services Pty Ltd provides disability support and related services.

Our aim is to deliver safe, compassionate, reliable and person-centred support that respects each participant's needs, goals, culture, values, dignity, independence and choices.

Information provided on this website is intended to help people understand our organisation and the services we may offer.

Information on our website is provided for general information purposes.

Although we take reasonable steps to keep information accurate and up to date, we do not guarantee that every piece of information will always be complete, current or suitable for your individual circumstances.

Website information is not intended to constitute:

• medical advice;
• clinical advice;
• legal advice;
• financial advice;
• emergency assistance;
• an NDIS funding decision; or
• a guarantee that a particular support will be suitable, available or funded.

You should obtain appropriate professional advice where required.

Our website and general enquiry channels are not emergency services.

If you or another person is in immediate danger or requires urgent medical assistance, contact the appropriate Australian emergency service.

Do not rely on a website enquiry, email, social media message or contact form for emergency assistance.

References to the NDIS on our website are provided for general information.

We do not control decisions made by the National Disability Insurance Agency, NDIS Quality and Safeguards Commission, plan managers or other government or regulatory bodies.

Nothing on this website guarantees:

• eligibility for the NDIS;
• approval of particular supports;
• availability of funding;
• reimbursement of an expense;
• acceptance of a service booking; or
• a particular participant outcome.

Participants should review their NDIS plan and obtain appropriate advice where required.

Submitting a contact form, making an enquiry, requesting a consultation or communicating with us does not automatically create a participant-provider relationship.

Services will only commence once relevant onboarding requirements have been completed and, where applicable, the parties have agreed to an appropriate Service Agreement or other service arrangement.

We may need to assess whether we have the capacity, capability and appropriate resources to safely meet a person's support needs before accepting a service request.

These website Terms do not replace an individual participant's Service Agreement.

Where you receive NDIS or other disability supports from Rising Sun, the provision of those supports may be governed by separate documents including:

• a Service Agreement;
• schedule of supports;
• consent forms;
• participant handbook;
• cancellation arrangements;
• privacy and confidentiality information;
• complaints procedures; and
• other policies relevant to the supports being delivered.

If there is an inconsistency between these website Terms and a properly executed Service Agreement regarding the delivery of supports, the Service Agreement will generally apply to the delivery of those supports, subject to applicable law.

Services displayed on our website may not be available:

• in every geographical location;
• at all times;
• to every participant; or
• under every NDIS funding arrangement.

Availability may depend on staffing, location, participant requirements, funding arrangements, risk assessments and our capacity to safely provide the requested support.

We may change the services described on our website from time to time.

Where we provide NDIS-funded supports, pricing and payment arrangements will be discussed with the participant or their authorised representative and documented as appropriate.

Pricing may be affected by applicable NDIS pricing arrangements, service type, time of delivery, location, travel requirements and other relevant factors.

The applicable Service Agreement or other written arrangement should be consulted for specific pricing, cancellation and payment terms.

Nothing in these Terms excludes rights that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

When using our website, you agree that you will not:

• provide information you know to be false or misleading;
• impersonate another person;
• attempt to gain unauthorised access to our systems;
• introduce malicious code, viruses or harmful material;
• interfere with the operation or security of the website;
• use automated tools to improperly access or extract information;
• use the website for unlawful, fraudulent or abusive purposes; or
• infringe the rights of Rising Sun or any other person.

Personal information submitted through our website will be handled in accordance with our Privacy Policy and applicable privacy laws.

Please avoid submitting unnecessary sensitive information through general website contact forms.

Where additional health, disability or support information is required, we may request that it be provided through a more appropriate or secure process.

Unless otherwise stated, the content of this website—including text, graphics, branding, logos, layouts, photographs and other materials—is owned by or licensed to Rising Sun Support Services Pty Ltd.

You may view and print reasonable portions of the website for personal and non-commercial use.

You must not reproduce, modify, republish, distribute, commercially exploit or present our content as your own without prior permission, except where permitted by law.

Our website may contain links to websites or services operated by third parties.

These links may be provided for convenience or additional information.

We do not control third-party websites and are not responsible for their:

• content;
• availability;
• privacy practices;
• security;
• products; or
• services.

A link does not necessarily mean that we endorse the third party.

We aim to keep our website secure and available but cannot guarantee uninterrupted or error-free access.

The website may occasionally be unavailable because of:

• maintenance;
• technical problems;
• network interruptions;
• cybersecurity events;
• third-party service outages; or
• circumstances beyond our reasonable control.

We may modify, suspend or discontinue website functionality where reasonably necessary.

To the maximum extent permitted by law, Rising Sun is not responsible for loss arising solely from reliance on general information published on this website where the information was not provided as individual professional or service advice.

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot legally be excluded or restricted, including rights available under the Australian Consumer Law.

Where liability can lawfully be limited, it will be limited only to the extent permitted by applicable law.

When delivering supports, we are committed to respecting the rights, privacy and dignity of people with disability.

Our service delivery is guided by applicable NDIS requirements, including expectations concerning:

• choice and control;
• dignity and privacy;
• safe and competent supports;
• respect for individual values and beliefs;
• prevention of abuse, neglect, exploitation and discrimination;
• complaints and feedback; and
• participant safety.

These Terms do not limit a participant's rights under the NDIS framework or applicable law.

We welcome feedback about our website and services.

Participants, families, carers, advocates and members of the public may raise concerns or make complaints without fear of retaliation or disadvantage.

Where a complaint relates to NDIS supports or services, you may also be entitled to contact the NDIS Quality and Safeguards Commission or seek assistance from an advocate.

Our separate Complaints and Feedback Policy may provide further information about our complaint-handling process.

We aim to make our website and information accessible to people with different communication and accessibility needs.

If you require information in another format or need assistance understanding information on our website, please contact us and we will make reasonable efforts to assist.

We may update these Terms from time to time because of changes to:

• our website;
• our services;
• business practices;
• NDIS requirements; or
• applicable laws.

The latest version will be published on our website and will show the date it was last updated.

Continued use of the website after an update means the updated Terms will apply to future use of the website.

These Terms are governed by the laws applicable in New South Wales, Australia.

Nothing in this section prevents a person from exercising rights available to them under applicable Commonwealth or other Australian laws.

If you have questions about these Terms, please contact:

Rise with Confidence. Live with Choice.