1.1 What These Terms Cover

These Terms govern your access to and use of the Site and any information, content, or services made available through the Site. They form a legally binding agreement between you and Xyston.

1.2 Additional Terms

Some parts of the Site or services may be subject to additional terms (such as our Privacy Policy or individual Service Agreements). Where additional terms apply, we will make them available to you. If there is a conflict between these Terms and any additional terms, the additional terms apply for that particular service.

1.3 Relationship to Service Agreements

These Terms govern your use of the Site only. If you are a participant receiving NDIS or aged care services from Xyston, your Service Agreement governs the delivery of those services. These Terms do not replace, override, or limit any rights you have under a Service Agreement, the NDIS Act 2013 (Cth), or the Aged Care Act 2024 (Cth).

1.4 Plain Language Commitment

We have written these Terms in plain language so they are easy to understand. If any part is unclear, please contact us and we will explain it. We can provide these Terms in Easy Read format, large print, or other accessible formats on request.

2.1 Eligibility

You may use the Site if:

• (a) You are at least 18 years old, or you are under 18 and have the consent of a parent or legal guardian.
• (b) If you are accessing the Site on behalf of an organisation, you have the authority to bind that organisation to these Terms.

2.2 Representatives and Nominees

If you are a guardian, nominee, or authorised representative accessing the Site on behalf of another person (including an NDIS participant), you must have the legal authority to act on their behalf. We recognise the role of:

• (a) Guardians and administrators appointed under the Guardianship and Administration Act 1990 (WA) or equivalent laws.
• (b) Plan nominees and correspondence nominees appointed under the NDIS Act 2013 (Cth).
• (c) Other persons responsible as defined under the Privacy Act 1988 (Cth).

2.3 Supported Decision-Making

We support the right of people with disability to make their own decisions. Where a person needs support to make decisions about using the Site, we encourage supported decision-making in line with the NDIS Code of Conduct and the principles of the Guardianship and Administration Act 1990 (WA).

3.1 Permitted Use

We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Site and its content for personal, non-commercial purposes. You may download and print materials from the Site for personal use, provided you keep all copyright and proprietary notices intact.

3.2 Prohibited Conduct

You must not:

• (a) Use the Site for any unlawful purpose or in a way that breaches any applicable law or regulation.
• (b) Interfere with or disrupt the Site, its servers, or any connected networks.
• (c) Use automated tools (such as bots, scrapers, or spiders) to collect data from the Site without our prior written permission.
• (d) Attempt to gain unauthorised access to the Site, other user accounts, or our systems.
• (e) Upload or transmit viruses, malware, or other harmful code.
• (f) Distribute spam, phishing emails, or unsolicited marketing materials through the Site.
• (g) Post defamatory, obscene, or offensive content.
• (h) Use the Site in a way that infringes the intellectual property rights of any person.

3.3 Your Responsibilities

You are responsible for:

• (a) Keeping any account credentials secure and confidential.
• (b) Ensuring that information you provide to us is accurate and up to date.
• (c) Reporting any suspected security breach or unauthorised use of the Site to us promptly.

4.1 Ownership

All content on the Site — including text, graphics, logos, icons, images, videos, audio, data, page layouts, code, and software — is owned by or licensed to Xyston and is protected under Australian copyright, trademark, and other intellectual property laws.

4.2 What You May Do

You may view, download, and print materials from the Site for personal and non-commercial use, provided you:

• (a) Keep all copyright and proprietary notices on any downloaded or printed materials.
• (b) Do not modify, reproduce, distribute, transmit, display, publish, sell, or create derivative works from any content without our prior written consent.

4.3 What You Must Not Do

You must not:

• (a) Copy, reproduce, distribute, or sell any content from the Site without our express written authorisation.
• (b) Use our content for commercial purposes or in competition with our business.
• (c) Reverse-engineer, decompile, or disassemble any part of the Site or its software.
• (d) Use our trademarks, logos, or service marks without prior written consent.

4.4 Third-Party Content

The Site may include content from third parties. Third-party views and opinions are their own and do not necessarily represent Xyston’s position. We are not responsible for the accuracy or reliability of third-party content.

4.5 Reporting Infringements

If you believe your intellectual property rights have been infringed by content on the Site, please contact us using the details in Section 15.

4.6 Reservation of Rights

All rights not expressly granted to you under these Terms are reserved by Xyston.

5.1 Your Consumer Rights Are Protected

The Australian Consumer Law provides consumer guarantees that cannot be excluded. Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including:

• (a) Services will be provided with due care and skill (section 60).
• (b) Services will be reasonably fit for a purpose you make known to us (section 61).
• (c) Services will be provided within a reasonable time where no time is specified (section 62).

Nothing in these Terms limits or excludes these guarantees or any other rights you have that cannot be excluded under applicable law.

5.2 General Information Only

The content on the Site is provided for general information purposes only. It does not constitute legal, financial, medical, or professional advice. You should seek independent professional advice relevant to your circumstances before relying on any content from the Site.

5.3 Site Availability

While we take reasonable steps to keep the Site available, we do not guarantee uninterrupted, error-free, or secure access to the Site. The Site may be temporarily unavailable due to maintenance, updates, or circumstances beyond our reasonable control.

5.4 Limitation of Liability

To the maximum extent permitted by law, and subject to Section 5.1 above:

• (a) Xyston is not liable for any indirect or consequential loss arising from your use of, or inability to use, the Site or its content, including lost profits, lost data, or business interruption.
• (b) Where Xyston’s liability cannot be excluded but can be limited under the law, our total liability to you for all claims arising from your use of the Site is limited to the greater of $100 or the amount you paid to us (if any) in connection with the Site in the 12 months before the claim arose.

5.5 Force Majeure

Xyston is not liable for any delay or failure to perform its obligations under these Terms caused by events beyond its reasonable control, including natural disasters, government actions, power outages, infrastructure failures, or cyber-attacks. We will make reasonable efforts to resume services as soon as practicable.

6.1 Our Privacy Commitment

Xyston is committed to protecting your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). As an NDIS and aged care service provider, we handle health information and sensitive information with particular care.

6.2 Privacy Policy

Our Privacy Policy explains in detail how we collect, use, store, disclose, and protect your personal information. It is available on the Site and is incorporated by reference into these Terms. The Privacy Policy covers:

• (a) The types of personal and sensitive information we collect.
• (b) How and why we collect that information.
• (c) How we use, store, and protect your information.
• (d) When and to whom we may disclose your information.
• (e) How you can access and correct your information.
• (f) How to make a privacy complaint.

6.3 Collection of Information Through the Site

When you use the Site (for example, by submitting a contact form, referral, or enquiry), we will collect personal information in accordance with APP 5. At or before the time of collection, we will tell you:

• (a) What information we are collecting and why.
• (b) Who we may share it with.
• (c) What happens if you choose not to provide the information.

6.4 Sensitive and Health Information

We will only collect sensitive information (including health and disability information) with your express consent, unless collection is required or authorised by law (for example, under the NDIS Act 2013 or for mandatory reporting obligations). We collect only the information that is reasonably necessary for the relevant purpose.

6.5 Cookies and Analytics

The Site uses cookies and similar technologies to improve your experience and understand how the Site is used. You can manage cookie preferences through your browser settings. Some features of the Site may not work if cookies are disabled.

6.6 Data Security

We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification, or disclosure. This includes encryption, access controls, and regular security reviews.

6.7 Data Breaches

In the event of an eligible data breach (as defined under Part IIIC of the Privacy Act 1988), we will:

• (a) Take steps to contain and mitigate the breach.
• (b) Assess whether the breach is likely to result in serious harm.
• (c) Notify the Office of the Australian Information Commissioner (OAIC) and affected individuals as required by law.
• (d) Tell you what steps you can take to protect yourself.

6.8 Your Rights

You have the right to:

• (a) Request access to personal information we hold about you.
• (b) Request correction of inaccurate or incomplete information.
• (c) Make a complaint about how we handle your personal information.

We will respond to access and correction requests within 30 days.

6.9 International Data Transfers

If we transfer personal information overseas (for example, through cloud hosting providers), we will ensure that appropriate safeguards are in place and that the transfer complies with APP 8.

6.10 Limits on Confidentiality

There are circumstances where we are required by law to disclose personal information without your consent, including:

• (a) Reportable incidents to the NDIS Quality and Safeguards Commission under section 73Z of the NDIS Act 2013.
• (b) Mandatory reporting of child abuse or neglect under the Children and Community Services Act 2004 (WA).
• (c) Where there is a serious threat to the life, health, or safety of any person.
• (d) Court orders, subpoenas, or other legal requirements.

7.1 Links to Other Sites

The Site may contain links to websites or services operated by third parties. These links are provided for your convenience only. We do not control, endorse, or accept responsibility for the content, privacy practices, or availability of third-party websites.

7.2 Third-Party Services

Some features of the Site may use third-party services (such as analytics platforms or cloud hosting). Your use of those services is subject to the third party’s own terms and conditions.

7.3 Your Responsibility

We encourage you to review the privacy policies and terms of use of any third-party website before providing personal information or using their services. Xyston is not liable for any loss or damage arising from your use of third-party websites or services, except to the extent required by law.

8.1 Our Regulatory Obligations

Xyston is a registered NDIS provider and provides services under the National Disability Insurance Scheme. We comply with:

• (a) The National Disability Insurance Scheme Act 2013 (Cth) and associated rules.
• (b) The NDIS Code of Conduct.
• (c) The NDIS Practice Standards (Version 4, 2021).
• (d) The Aged Care Act 2024 (Cth) and the Strengthened Quality Standards, where applicable.

8.2 Participant Rights

If you are an NDIS participant, you have rights under the NDIS Act, including the right to:

• (a) Exercise choice and control over the supports you receive.
• (b) Be treated with dignity and respect.
• (c) Have your privacy respected.
• (d) Access information in a format you can understand.
• (e) Raise concerns or make complaints without fear of retribution.

Nothing in these Terms limits or affects these rights.

8.3 Aged Care Rights

If you receive aged care services from Xyston, you have rights under the Statement of Rights in the Aged Care Act 2024 (Cth). These rights are available on the Aged Care Quality and Safety Commission website.

8.4 Accessible Information

We are committed to providing information about our services in accessible formats, including:

• (a) Easy Read documents with visual supports.
• (b) Large print and high contrast formats.
• (c) Verbal explanations.
• (d) Translated materials where needed.

If you need information in a different format, please contact us.

8.5 Service Descriptions

Any descriptions of services on the Site are general in nature. The specific supports you receive are set out in your individual Service Agreement. We do not make claims about services being “NDIS-approved” unless they are accurately described within the scope of our NDIS registration.

9.1 Internal Complaints

If you have a concern or complaint about these Terms, the Site, or our services, we encourage you to contact us first:

Xyston Pty Ltd
Email: admin@xyston.com.au
Phone: 08 9468 1502
Mail: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

We will acknowledge your complaint within five (5) business days and aim to resolve it within thirty (30) days.

9.2 External Complaints Pathways

If you are not satisfied with our response, or if you prefer to raise your concern with an external body, you may contact:

• NDIS Quality and Safeguards Commission (for complaints about NDIS services)
  Phone: 1800 035 544 | Website: ndiscommission.gov.au
• Aged Care Quality and Safety Commission (for aged care complaints)
  Phone: 1800 951 822 | Website: agedcarequality.gov.au
• Office of the Australian Information Commissioner (OAIC) (for privacy complaints)
  Phone: 1300 363 992 | Website: oaic.gov.au
• Health and Disability Services Complaints Office (HaDSCO) (WA health and disability complaints)
  Phone: (08) 6551 7600 | Website: hadsco.wa.gov.au
• Australian Competition and Consumer Commission (ACCC) (for consumer rights)
  Phone: 1300 302 502 | Website: accc.gov.au
• Consumer Protection WA (DMIRS) (for WA consumer protection matters)
  Phone: 1300 304 054 | Website: consumerprotection.wa.gov.au

9.3 Advocacy

You have the right to use an advocate at any time. If you need help finding an advocate, contact the National Disability Advocacy Program on 1800 880 052 or visit disabilityadvocacyfinder.dss.gov.au.

10.1 How We May Update These Terms

We may update these Terms from time to time. The types of changes we may make include:

• (a) Minor or administrative changes (such as correcting typographical errors, updating contact details, or clarifying wording). These changes take effect when posted to the Site.
• (b) Material changes (such as changes to your rights, our liability, or how we handle your information). For material changes, we will give you at least 30 days’ written notice before the change takes effect.

10.2 How We Will Notify You

For material changes, we will:

• (a) Post a prominent notice on the Site.
• (b) Where we have your email address, send you an email notification.
• (c) Update the “Last Updated” date and version number at the top of these Terms.

10.3 Your Options

If you do not agree with a material change, you may stop using the Site before the change takes effect. Your continued use of the Site after a material change takes effect means you accept the updated Terms.

10.4 No Retrospective Changes

Changes to these Terms apply from the effective date only. They do not affect your rights or obligations that arose before the change.

10.5 Version History

Previous versions of these Terms are available on request by contacting us.

11.1 Your Right to Stop Using the Site

You may stop using the Site at any time. If you wish to close an account (where applicable), please contact us and we will assist you.

11.2 When We May Suspend or Terminate Access

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

• (a) You breach these Terms or engage in prohibited conduct (see Section 3.2).
• (b) Your actions pose a genuine security risk to the Site or our systems.
• (c) We are required to do so by law or by a regulatory authority.

Where practicable, we will give you reasonable notice and an explanation before suspending or terminating your access.

11.3 Temporary Service Interruptions

We may temporarily suspend access to the Site for maintenance, updates, or security reasons. Where possible, we will provide advance notice of planned interruptions.

11.4 Effect of Termination

If your access is terminated:

• (a) Your right to use the Site ceases immediately.
• (b) Any provisions of these Terms that by their nature should survive termination will continue to apply (such as intellectual property, limitation of liability, and governing law).

11.5 No Effect on Service Agreements

Suspension or termination of your access to the Site does not affect any separate Service Agreement you have with Xyston for the delivery of NDIS or aged care services.

12.1 Governing Law

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including the Competition and Consumer Act 2010 (Cth), the Privacy Act 1988 (Cth), and the Fair Trading Act 2010 (WA).

12.2 Jurisdiction

You submit to the non-exclusive jurisdiction of the courts of Western Australia and any courts entitled to hear appeals from those courts. This means you are not prevented from bringing proceedings in another Australian court if you have a legal right to do so.

12.3 Dispute Resolution

Before starting formal legal proceedings, both parties agree to:

• (a) Attempt to resolve the dispute through good faith negotiation within 30 days.
• (b) If negotiation is unsuccessful, consider mediation or another form of alternative dispute resolution.

This does not prevent either party from seeking urgent injunctive or interlocutory relief where necessary.

12.4 Statutory Limitation Periods

Claims must be brought within the limitation periods set out in applicable legislation, including the Limitation Act 2005 (WA). We do not seek to contractually shorten any statutory limitation period.

12.5 International Users

If you access the Site from outside Australia, you are responsible for complying with any local laws applicable to you. These Terms are governed by Australian law regardless of where you access the Site.

13.1 Our Commitment

Xyston is committed to making the Site accessible to all users, including people with disability. We recognise our obligations under:

• (a) The Disability Discrimination Act 1992 (Cth), section 24.
• (b) The Equal Opportunity Act 1984 (WA), Part IVA.
• (c) The NDIS Practice Standards regarding accessible communication.

13.2 Accessibility Standards

We aim to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standard across the Site. This includes ensuring the Site is:

• (a) Perceivable — text alternatives for images, captions for video, sufficient colour contrast, and resizable text.
• (b) Operable — navigable by keyboard, with no keyboard traps and clear navigation.
• (c) Understandable — readable text, predictable navigation, and helpful error messages.
• (d) Robust — compatible with assistive technologies, including screen readers.

13.3 Reporting Accessibility Issues

If you experience difficulty accessing any part of the Site, please contact us. We will work with you to provide the information or service you need in an accessible format.

14.1 Consent to Electronic Communications

By providing your email address or other electronic contact details through the Site, you consent to receiving electronic communications from us for the purposes for which you provided them (for example, responding to an enquiry or providing service-related information).

14.2 Marketing Communications

We will only send you marketing or promotional communications if you have given us your express opt-in consent, in compliance with the Spam Act 2003 (Cth). Every marketing email will:

• (a) Clearly identify Xyston as the sender.
• (b) Include our contact details.
• (c) Include a working unsubscribe link.

If you unsubscribe, we will action your request within five (5) business days.

14.3 Electronic Transactions

In accordance with the Electronic Transactions Act 2011 (WA) and the Electronic Transactions Act 1999 (Cth), any agreement entered into electronically through the Site (for example, by clicking “I agree” or submitting a form) has the same legal effect as a written agreement.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service Agreement, form the entire agreement between you and Xyston regarding your use of the Site. They replace any prior agreements or understandings about your use of the Site.

15.2 Severability

If any part of these Terms is found to be invalid, unlawful, or unenforceable by a court, that part is severed from these Terms and the remaining provisions continue in full force and effect.

15.3 No Waiver

If Xyston does not enforce any part of these Terms on a particular occasion, that does not mean we have waived our right to enforce it in the future. A waiver is only effective if it is in writing and signed by an authorised representative of Xyston.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Xyston may assign its rights and obligations under these Terms as part of a business restructure, merger, or acquisition, provided the assignee agrees to honour these Terms.

15.5 Notices

Notices under these Terms may be given by posting on the Site or, where we have your contact details, by email. You may send notices to us using the contact details below.

15.6 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.7 Contact Us

For any questions about these Terms, please contact:

Xyston Pty Ltd
ABN: 84 641 527 433
Email: admin@xyston.com.au
Phone: 08 9468 1502
Mail: PO BOX 48, KINGSWAY 6065, Perth, Western Australia

We will acknowledge your enquiry within five (5) business days.

The following laws and standards are relevant to these Terms and our obligations:

Legislation / Standard	Relevance
Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law)	Consumer guarantees, unfair contract terms, misleading conduct
Privacy Act 1988 (Cth) and Australian Privacy Principles	Collection, use, storage, and disclosure of personal information
Privacy and Other Legislation Amendment Act 2024 (Cth)	Statutory tort for privacy invasions, enhanced penalties, ADM transparency
National Disability Insurance Scheme Act 2013 (Cth)	NDIS provider obligations, Code of Conduct, reportable incidents
NDIS Practice Standards (Version 4, 2021)	Service delivery, accessible communication, privacy and dignity
Aged Care Act 2024 (Cth)	Rights-based framework, Statement of Rights, quality standards
Disability Discrimination Act 1992 (Cth)	Website accessibility (section 24), WCAG compliance
Equal Opportunity Act 1984 (WA)	Prohibition of discrimination on ground of impairment (Part IVA)
Fair Trading Act 2010 (WA)	Applies the Australian Consumer Law as WA law
Limitation Act 2005 (WA)	Statutory limitation periods for claims
Guardianship and Administration Act 1990 (WA)	Capacity, guardianship, supported decision-making
Children and Community Services Act 2004 (WA)	Mandatory reporting obligations
Health and Disability Services (Complaints) Act 1995 (WA)	HaDSCO complaints pathway
Electronic Transactions Act 2011 (WA) / 1999 (Cth)	Validity of electronic agreements and communications
Spam Act 2003 (Cth)	Consent, identification, and unsubscribe requirements for emails
Disability Services Act 1993 (WA)	Principles for disability services, information provision