Introduction

Welcome to quickclaim! We’re excited to have you as our customer. Before you can start using quickclaim, we need you to look through and accept our Terms and Conditions.

We’ve done our best to explain it all without using too much jargon, so it’s clear what we expect from you and what you can expect from us. These are your legal rights and obligations, so please review this document thoroughly. If you can’t agree to these Terms and Conditions, then you can’t use our services.

If you still have questions or comments after you’ve read these terms, please get in touch. We’d love to help.

Joining and using quickclaim

In this section we explain how to subscribe to quickclaim and use our services. When you see a word in bold, it will have the same corresponding meaning every time it’s used within these terms.

  1. You and quickclaim: When we say you or your, we mean both you and any entity or firm you’re authorised to represent. When we say quickclaim, we, our or us, we’re talking about the quickclaim entity you contract with and pay fees to based on the edition of the quickclaim product you’re using. This table shows which quickclaim entity you contract with.
  2. Our services: Our services consist of all the services we provide now or in the future, including our online and mobile applications.
  3. Creating a subscription: When you sign up to any of our apps to use our services and accept these terms, you become a subscriber. We have different Licensing options you can choose from:
    1. Free license, also known as a free subscription, is the default license you get when sign up to use our application. You can use all the freemium features with this license.
    2. Premium license, also known as a premium subscription, is a purchasable license to access the premium We never change your license. Based on the application you are using there are different premium licenses available for you to purchase.
    3. Enterprise license, also known as an enterprise subscription, is a purchasable license to access the enterprise
    4. If you’re the subscriber, you’re the one responsible for your account. This includes paying for your subscription if it’s a premium or enterprise
  4. People invited to use quickclaim: An invited user is a person other than the subscriber who has been invited to use our services through a subscription. If you’re an invited user, you must also accept these terms to use our services.
  5. User roles and access: As a subscriber inviting others into a subscription, you should understand the permissions you’re granting to invited users. Within our apps you can specify what level of access to give to an invited user. If the app doesn’t specify the level of access, it means any user invited by you will have the exact same level of access as you.
  6. The right to use our services: Whether you’re a subscriber or an invited user, we grant you the right to use our services (based on your subscription type and the level of access you’ve been granted) until the subscription is terminated, or – if you’re an invited user – until your access is revoked, and in case of premium and enterprise licenses for as long as the subscriber continues to pay for the subscription.
  7. Subscriber role: As a subscriber, you take full responsibility for how your subscription is managed and who can access it. It’s quite a big deal! For example:
    1. You can transfer a subscription
    2. You control access to a subscription. You decide who’s invited to use our services you’ve subscribed to and what kind of access the invited user has. You can change or stop that access at any time
    3. You’re responsible for resolving any disputes with any invited users over access to your subscription
    4. You’re responsible for all your invited users’ activity
  8. Rules: Whatever your role, when you use quickclaim you agree to follow the rules outlined under item 37. Please read them and make sure you understand what you should and shouldn’t do
  9. Your responsibilities: You agree that you will keep your information (including a current email address) up to date. You are responsible for providing true, accurate and complete information about yourself, your organisation and your participants. You are also responsible for verifying the accuracy of any information that you input into our systems and for complying with any and all of your NDIS obligations. You’re also responsible for protecting your username and password from getting stolen or misused. Our service has minimum password standards but it is still your responsibility to ensure that your passwords are very strong and not easily guessable. The stronger the password the better! For more on security generally, check out our security section.
  10. When we introduce new or revised services: Since we’re always thinking about how to make quickclaim better, we regularly expand our services. For new or updated services, there might be additional terms. We’ll let you know what those terms are before you start using those services.
  11. What we own: We own everything we’ve put into our services unless otherwise stated and excluding content owned by others. This includes rights in the design, compilation, and look and feel of our services. It also includes rights in all copyrighted works, trademarks, designs, inventions, and other intellectual property. You agree not to copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not expressly permitted by us.

Pricing

Unless you’re on a free license or on a trial period or other offer period, you’ll need to pay for a subscription based on the pricing of your selected license. The pricing details and other terms of your subscription are included in the quote or proposal sent to you by quickclaim when you first purchase a paid licence.

  1. Trial period: Before you upgrade your license to premium or enterprise you may be offered the option to use the new license for a certain period called a Trial period. During the Trial period you can use the upgraded features for free. This period is for you to test the new features and decide whether or not to purchase the new license. After the Trial period finishes, you are committed to pay for the subscription fee on your new license. You can always downgrade to your previous license during the Trial period.
  2. quickclaim pricing plans: Your use of our services always requires a license. Generally, you start on a free licence. If you decide to upgrade to a paid license – either premium or enterprise – it requires you to pay a monthly subscription fee based on your license (the subscription fee). Your subscription plan consists of the subscription and subscription fees we offered you, including invoicing, payment, auto-renewal and cancellation terms. We may update or amend the pricing plan from time to time. The terms of the pricing plan form part of these terms. As with any other changes to our terms, changes to the pricing plan won’t apply retrospectively and, if we make changes and you’re a subscriber, we’ll make every effort to let you know (find out more about how and when we’ll notify you under item 51).
  3. Onboarding: When you upgrade to a paid licence, you will be entitled to an onboarding process, which is designed to help you use our services and, in the case of an enterprise licence, integrate them to your existing systems. You may be charged a fee to cover the costs of this onboarding process. We will make a reasonable effort to ensure that this onboarding process covers all of your requirements for quickclaim, including training of you and your invited users, however we reserve the right to charge you additional fees where your requirements fall outside of our standard use cases or continues beyond a reasonable timeframe (we endeavour to complete all onboarding procedures within 90 days of your licence purchase date). We may delay the start date of your subscription fee until after your onboarding has been completed, but unless agreed otherwise, any delayed start of these fees is at our sole discretion.
  4. Additional services: Depending on where you’re based and how you use our services, you may be able to take advantage of additional services that quickclaim offers – like the NDIS health check report, Digital Invoices, POS tools or the Participant’s app. These might incur an additional fee that we’ll let you know about when you sign up for those services.
  5. Importance of timely payments: In order to continue accessing our payable services, you need to make timely payments based on your subscription plan. To avoid delayed or missed payments, please make sure we have accurate payment information. If we don’t receive timely payments, we may suspend access to your subscription until the payment is made.

Data use and privacy

quickclaim uses your data to provide our services to you. This section is an important part of the terms and describes how we deal with your data.

  1. Use of data: When you enter or upload your data into our services, we don’t own that data but you grant us a licence to use, copy, transmit, store, analyse, and back up all data you submit to us through our services, including personal data of yourself and others, to: enable you to use our services; allow us to improve, develop and protect our services; create new services; communicate with you about your subscription; and send you information we think may be of interest to you based on your marketing preferences.
  2. Use of your own and your clients’ personal data: We respect your privacy and take data protection seriously. In addition to these terms and the security section, we are aligned with the ISO 27001 standard attested by an independent auditor. All the confidential data and personal data are protected within our environment.
  3. Anonymised statistical data: When you use our services, we may create anonymised statistical data from your data and usage of our services, including through aggregation. Once anonymised, we may use this data for our own purposes, such as to provide and improve our services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you.
  4. Data breach notifications: Where we think there has been unauthorised access to personal data inside your subscription, we’ll let you know and give you information about what has happened. Depending on the nature of the unauthorised access, and the location of your affected contacts, you may be required to assess whether the unauthorised access must be reported to the contact and/or a relevant authority. We think you’re best placed to make this decision, because you’ll have the most knowledge about the personal data stored in your subscription.
  5. Data sovereignty: We are keeping all the data in Australia at our multiple data centres. You are also required to keep all your NDIS data and data exported from our systems in Australia.
  6. Sharing your data with NDIA: As part of our services we are connecting you to the NDIS to access your data. We are doing this by using the NDIS API. We are delivering this service in partnership with the NDIA. Based on this agreement you are granting us the permission to connect you to the NDIS API and share your data with the NDIA. The NDIA has the authority to accept or reject our request of accessing APIs on your behalf, and to terminate your access to NDIS APIs in future.

Confidential information

We take reasonable precautions to protect your confidential information and expect that you’ll do the same for ours.

  1. Keeping it confidential: While using our services, you may share confidential information with us, and you may become aware of confidential information about us. You and we both agree to take reasonable steps to protect the other party’s confidential information from being accessed by unauthorised individuals. You or we may share each other’s confidential information with legal or regulatory authorities if required to do so.

Security

We take security seriously and you should too! To help protect our services and your data, we offer added security features.

  1. Security safeguards: We’ve invested in technical, physical and administrative safeguards as well as implemented ISO 27001 standard to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure and we cannot guarantee absolute security. We will notify you if there appears to be unauthorised access to your account and we may also restrict access to certain parts of our services until you verify that access was by an authorised user.
  2. Account security features: We may introduce security features to make your account more secure, such as two-step authentication. We may require you to adopt some of these features. Where we make the use of security features optional, you’re responsible (meaning we’re not liable) for any consequences of not using those features. We strongly encourage you to use all optional security features.
  3. Playing your part to secure your data: You have an important part to play by keeping your login details secure, not letting any other person use them, and by making sure you have strong security on your own systems. If you realise there’s been any unauthorised use of your password or any breach of security to your account or email address linked to your account, you need to let us know immediately. You also agree not to use free-form fields in any of quickclaim’s systems or services to store personal data, (unless it’s a field explicitly asking for personal data – like a first name or last name) credit card details, NDIS identifiers or bank account details.

Maintenance, downtime and data loss

We try to minimise any downtime, but sometimes it’s necessary so we can keep our services updated and secure. You also may have occasional access issues and may experience data loss, so backing up your data is important.

  1. Availability: We strive to maintain the availability of our services, and provide online support, eight hours a day. On occasion, we need to perform maintenance on our services, and this may require a period of downtime. We try to minimise any such downtime. Where planned maintenance is being undertaken, we’ll attempt to notify you in advance but can’t guarantee it.
  2. Access issues: You know how the internet works – occasionally you might not be able to access our services and your data. This might happen for any number of reasons, at any time.
  3. Data loss: Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining backup of your data entered into our services. For information on how to do that, check it out on quickclaim Knowledge Hub.
  4. No compensation: Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
  5. Problems and support: If you have a problem, we keep excellent support articles available through quickclaim Knowledge Hub that should help you with most situations. If you’ve tried quickclaim Knowledge Hub and still need help, you can lodge a support ticket by emailing us at support@quickclaim.io.
  6. Modifications: We frequently release new updates, modifications and enhancements to our services, and in some cases discontinue features. Where this occurs, we’ll endeavour to notify you where practical (for example, by email, on our blog, or within our services when you log in).

Do’s and don’ts

This section is super important because it outlines how you can (and can’t) use our services. Much of it will be common sense.

  1. Feedback: We love your feedback and may use it without restriction.
  2. Help using our services: We provide a lot of guidance and support to help you use our services. You agree to use our services only for lawful business purposes and in line with the instructions and guidance we provide.
  3. Limitations: Some of our services may be subject to limits such as a cap on the number of monthly transactions.
  4. No-charge or beta services: Occasionally we may offer a service at no charge – for example a beta service, or a time-limited trial account. Because of the nature of these services, you use them at your own risk.
  5. While we can’t cover everything here, we do want to highlight a few more examples of things you mustn’t ever do:
    1. Undermine the security or integrity of our computing systems or networks.
    2. Use our services in any way that might impair functionality or interfere with other people’s use.
    3. Access any system without permission.
    4. Introduce or upload anything to our services that includes viruses or other malicious code.
    5. Share anything that may be offensive, violates any law, or infringes on the rights of others.
    6. Modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services.
    7. Resell, lease or provide our services in any way not expressly permitted through our services.
    8. Repackage, resell, or sublicense any leads or data accessed through our services.
    9. Commit fraud or other illegal acts through our services.
    10. Act in a manner that is abusive or disrespectful to a quickclaim employee, partner, or other quickclaim customer. We will not tolerate any abuse or bullying of our quickclaim employees in any situation and that includes interaction with our support teams.

Termination

Unless otherwise agreed in a proposal or quote sent to you, you may terminate your subscription with two months’ written notice. We may terminate your subscription as well with the same notice. If you violate these terms, we may terminate your subscription immediately.

  1. Subscription period: Your subscription continues for the period you are using our service. For premium and Enterprise licenses, at the end of each billing period, these terms automatically continue in accordance with your Subscription Plan. You may choose to terminate your subscription at any time by providing two months written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination.
  2. Termination by quickclaim: quickclaim may choose to terminate your subscription at any time by providing you with two months’ written notice in advance. quickclaim may also terminate or suspend your subscription or access to all or any data immediately if:
    1. you breach any of these terms and do not remedy the breach within 14 days after receiving notice of the breach,
    2. you breach any of these terms and the breach cannot be remedied,
    3. you fail to pay subscription fees, or
    4. you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
    5. the NDIA asks us to terminate your access to the NDIS API.
  3. No refunds: No refund is due to you if you terminate your subscription or quickclaim terminates it in accordance with these terms.
  4. Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. We retain data in case you need it as part of your record retention obligations, but you can get in touch with us to have your data removed completely if you wish.

Liability and indemnity

This section is important as it outlines liability terms between us and both subscribers and invited users, so we urge you to read it closely and in full.

  1. You indemnify us: You indemnify us against all losses, costs (including legal costs), expenses, demands or liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product (except as far as we’re at fault).
  2. Disclaimer of warranties: Our services and all third-party products are made available to you on an “as is” basis. Subject to the consumer law terms in section 49, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
  3. Limitation of liability: Other than liability that we can’t exclude or limit by law, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. We have no liability arising from your use of our services for any loss of revenue or profit, loss of goodwill, loss of customers, loss of capital, loss of anticipated savings, legal, tax or accounting compliance issues, damage to reputation, loss in connection with any other contract, or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
    2. For loss or corruption of your data, our liability will be limited to taking reasonable steps to try and recover that data from our available backups.
    3. Our total aggregate liability to you in any circumstances is limited to the total amount you paid us for your subscription in the 12 months immediately preceding the date on which the claim giving rise to the liability arose.

Disputes

This section outlines how disputes may be resolved.

  1. Dispute resolution: Most of your concerns can be resolved quickly and to everyone’s satisfaction by contacting us through support@quickclaim.io. If we’re unable to resolve your complaint to your satisfaction (or if we haven’t been able to resolve a dispute we have with you after attempting to do so informally), you and we agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. You and we agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Important housekeeping

Here we set out some additional terms. Take a read as they cover important issues.

  1. No professional advice: Just to be clear, quickclaim isn’t a professional services firm of any sort, and isn’t in the business of giving any kind of professional advice. We may provide you with information we think might be useful in NDIS claims, but this should not be seen as a substitute for professional advice and we aren’t liable for your use of the information in that way.
  2. Events outside our control: We do our best to control the controllable. We aren’t liable to you for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
  3. Notices: Any notice you send to quickclaim must be sent to management@quickclaim.io. Any notices we send to you will be sent to the email address you’ve provided us through your subscription plan.
  4. Consumer laws: In some places, there may be non-excludable warranties, guarantees or other rights provided by law (non-excludable consumer guarantees). They still apply – these terms do not exclude, restrict or modify them. Except for non-excludable consumer guarantees and other rights you have that we cannot exclude, we’re bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to either replacing or paying the cost of replacing the relevant service (unless the non-excludable consumer guarantee says otherwise).
  5. Relationship between the parties; assignment: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. quickclaim may assign these terms – or any of our rights or obligations in these terms – to another quickclaim entity as it deems appropriate. quickclaim entities are listed under item 63.
  6. Changes to these terms: We sometimes will decide to change these terms of use. But don’t worry, changes won’t apply retrospectively and, if we make changes, we’ll make every effort to let you know. You can keep track of changes to our terms by referring to the version and the date last updated at the top of the terms. Generally, we endeavour to provide you with 30 days’ notice of material changes before they become effective, unless we need to make immediate changes for reasons we don’t have control over. When we notify you, we’ll do it by email or by posting a visible notice through our services. If a change isn’t material, we may not notify you. If you find a modified term unacceptable, you may terminate your subscription by giving the standard advance notice to quickclaim.
  7. Enforcement of terms: If there’s any part of these terms that either one of us is unable to enforce, we’ll ignore that part but everything else will remain enforceable.
  8. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion, we mean our sole discretion.
  9. quickclaim contracting entities; law and venue: Our contracting entities are listed in the table below along with what law and venue apply in any dispute between you and us:
quickclaim entity Address ABN Law Venue
Datix Pty Ltd 4 Coppins Close,
St Ives NSW 2075		 32 602 831 890 NSW, Australia NSW, Australia

 

You’ve made it to the end. Thanks for reading our terms!

version 2.2 from 11/03/2023