1. About the Website

(a) Welcome to www.choicefirst.com.au

(b) The Website is operated by Choice First Disability Services.

(c) Choice First Disability Services offers NDIS Supports around the Sunshine Coast region. Individual terms and conditions for each service are at the bottom of this document.

(d) Access to and use of the Website, or any of its associated Products or Services, is provided by Choice First Disability Services. Please read these Terms and Conditions carefully. By using, browsing, and/or reading the Website, you signify that you have read, understood, and agreed to be bound by these Terms. If you disagree with the Terms, you must cease using the Website or any Services immediately.

(e) Choice First Disability Services reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Choice First Disability Services updates the Terms, it will use reasonable endeavours to provide you with notice of updates. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

(f) You agree that Choice First Disability Services may, in its sole discretion and without prior notice, modify, discontinue, or restrict the use of any portion of the Website or Services, including the availability of any features, database, or content. Choice First Disability Services shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or Services.

2. Acceptance of the Terms

By remaining on the website, you accept the Terms. Depending on the service you need, you will have individual service agreements with detailed Terms and Conditions available to you.

3. Your Obligations as a Website User

(3.1) As a Member, you agree to comply with the following:

• (3.1.a) You will use the Services only for purposes that are permitted by:
  • (3.1.a.i) the Terms; and
  • (3.1.a.ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
• (3.1.b) Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Choice First Disability Services providing the Services;
• (3.1.c) You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Choice First Disability Services;
• (3.1.d) You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means to send unsolicited email or unauthorised framing of or linking to the Website;
• (3.1.e) You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in the termination of the Services. Choice First Disability Services will take appropriate legal action for any illegal or unauthorized use of the Website; and
• (3.1.f) You acknowledge and agree that any automated use of the Website or its Services is prohibited.

4. Copyright and Intellectual Property

(4.1) The Website, the Services and all of the related products of Choice First Disability Services are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Choice First Disability Services or its contributors.

(4.2) All trademarks, service marks and trade names are owned, registered and/or licensed by Choice First Disability Services, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

• (4.2.a) use the Website pursuant to the Terms;
• (4.2.b) copy and store the Website and the material contained in the Website in your device’s cache memory; and
• (4.2.c) print pages from the Website for your own personal and non-commercial use.

Choice First Disability Services does not grant you any other rights whatsoever in relation to the Website or the Services. Choice First Disability Services expressly reserves all other rights.

(4.3) Choice First Disability Services retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

• (4.3.a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
• (4.3.b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
• (4.3.c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(4.4) You may not, without the prior written permission of Choice First Disability Services and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

(4.5) You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws protect all content and materials available on the Website. Except as expressly authorized by Choice First Disability Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.

(4.6) You agree to indemnify and hold harmless Choice First Disability Services from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party.

5. Privacy

Choice First Disability Services takes your privacy seriously. Any personal or sensitive information you provide through your use of our website and/or services is handled in accordance with our Privacy Policy, which is available at www.choicefirst.com.au.

Choice First Disability Services complies with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) in how we collect, use, store, and disclose your information. We are committed to protecting your privacy, particularly when handling sensitive information relevant to your NDIS supports.

6. General Disclaimer

(6.1) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(6.2) Subject to this clause, and to the extent permitted by law:

• (6.2.a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
• (6.2.b) Choice First Disability Services will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(6.3) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Choice First Disability Services make any express or implied representation or warranty about the Services or any products or Services (including Services of Choice First Disability Services) referred to on the Website. We do not warrant that the information will be error-free or uninterrupted, or that any defects will be corrected. The information should not be relied upon as the sole basis for making health decisions. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• (6.3.a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
• (6.3.b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
• (6.3.c) costs incurred as a result of you using the Website, the Services or any of the products of Choice First Disability Services; and
• (6.3.d) the Services or operation in respect to links which are provided for your convenience.

Medical Disclaimer – No Medical Advice

• While our training content and materials are developed in line with NDIS guidelines, all content provided on this website — including but not limited to articles, blogs, newsletters, videos, graphics, images, or any other material (“Content”) — is for informational purposes only.
• The Content is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified medical professional or healthcare provider with any questions you may have regarding a medical condition or treatment plan.
• Never disregard or delay seeking professional medical advice because of something you have read or viewed on this website or in our training materials.

No Professional Relationship

• Use of this website and its content does not create a doctor-patient relationship, medical consultation, or any other form of professional relationship between you and Choice First Disability Services, its owners, authors, contributors, or any affiliated healthcare professionals.
• Any communication made through this website — including enquiries, comments, or engagement with content — does not establish a doctor-patient relationship and is not subject to physician-patient confidentiality or other professional healthcare privacy obligations.

7. Use At Your Own Risk

If you rely on any information this website provides, you do so solely at your own risk. We expressly disclaim all liability for actions taken or not taken based on any or all the Content on this website. In the event of a medical emergency, please contact your healthcare provider or emergency services immediately.

8. No Guarantee of Accuracy

While we strive to provide accurate and up-to-date information, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information on the website for any purpose.

9. Limitation of Liability

(9.1) Choice First Disability Services’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute, or otherwise, will not exceed the resupply of the Services to you.

(9.2) You expressly understand and agree that Choice First Disability Services, its affiliates, employees, agents, contributors, and licensors, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.

10. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Choice First Disability Services. Competitors cannot use or access any information or content on our Website. If you breach this provision, Choice First Disability Services will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits you might make from such a breach.

11. Indemnity

You agree to indemnify Choice First Disability Services, its affiliates, employees, agents, contributors, third-party content providers and licensors from and against:

(11.1) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(11.2) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(11.3) any breach of the Terms.

12. Dispute Resolution

12.1 Compulsory Process

If a dispute arises out of or relates to these Terms, neither party may commence any proceedings in a court or tribunal in relation to the dispute unless the process set out in this clause has been followed, except where urgent interlocutory relief is sought.

12.2 Notice of Dispute

A party claiming that a dispute has arisen must give written notice to the other party specifying:

• (12.2.a) The nature of the dispute;
• (12.2.b) The desired outcome; and
• (12.2.c) The action required to resolve the dispute.

12.3 Resolution Process

Upon receipt of the notice of dispute, the parties must:

(12.3.a) Within 28 days, attempt in good faith to resolve the dispute through negotiation or any other means agreed between them;

(12.3.b) Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the ACICA Arbitration Rules (as amended and in force at the time of the dispute).

• (12.3.b.i) The seat of arbitration shall be Sydney, Australia.
• (12.3.b.ii) The language of the arbitration shall be English.
• (12.3.b.iii) The number of arbitrators shall be one.

This clause survives the termination or expiration of these Terms.

(12.3.c) If the dispute remains unresolved after 28 days from the date of the notice, the parties must:

• (12.3.c.i) Attempt to agree on the appointment of a mediator; or
• (12.3.c.ii) If agreement cannot be reached, request that a mediator be appointed by the Australian Disputes Centre (ADC) or an equivalent independent mediation body;

(12.3.d) The parties shall be equally responsible for:

• (12.3.d.i) The fees and reasonable expenses of the mediator; and
• (12.3.d.ii) The cost of the mediation venue.

Each party shall bear its own legal and associated costs in connection with the mediation.

(12.3.e) The mediation shall be conducted in Brisbane, Australia.

12.4 Confidentiality

All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and, to the greatest extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

12.5 Termination of Mediation

If 2 months have elapsed after the start of a mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by Choice First Disability Services are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

14. Governing Law

The laws of Queensland, Australia govern the Terms. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.