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Terms and Conditions

Terms and Conditions for services provided by I CAN EXPLORE PTY LTD ACN 627 947 522

We provide orientation and mobility services and support worker services to people with a vision impairment and/or high functioning disabilities.

You have requested the services set out in our Service Agreement (Service(s)).

We can provide our Services to clients that have a National Disability Insurance Scheme (NDIS) plan that is self-managed or Plan Managed. Self-managed participants are not subject to the NDIS price guidelines.

We agree to perform the Services with due care and skill.

The parties will agree to the time and place for the performance of the Services, subject to the availability of our staff and agents.

The Services will be performed by us, our agents and/or third party service providers (Third Party Providers) that we may choose as the most appropriate to carry out the Services.

Prior to providing the Services to you, you must complete the Customer Information Form and Service Agreement.

NDIS Claims

If you receive or are entitled to receive NDIS funding through either a self-managed plan or Plan Managed NDIS funding, the following Services are not eligible to be claimed through the NDIS:

  1. (a)  meals and accommodation;
  2. (b)  entry fees;
  3. (c)  tickets;
  4. (d)  spending money;
  5. (e)  travel insurance;
  6. (f)  flights; and
  7. (g)  visas.

Where the provision of our Services requires us to stay overnight, due to a Service being provided for more than 12 hours in one day or over multiple days (Overnight Stays), such Services are strictly to be negotiated prior to the engagement of our Services. You may be eligible to make a claim through the NDIS for overnight stays.

It is your responsibility to confirm that you have sufficient NDIS funding for the Services requested prior to the commencement of the Services.


If you request additional Services, we have discretion as to whether we perform this work (Variation) and where an adjustment to the costs in the Service Agreement (Costs) may be required.

If we are unable to accommodate such Variation, we may request that we be paid for Services performed to date and terminate the Service Agreement.

If we agree to perform any Variation, then we will confirm with you any additional costs (Variation Costs). You need to approve, in writing, the Variation and the Variation Costs, before we commence work. We will Invoice you accordingly for the Variation upon receipt of your approval.

We reserve the right to vary the provision of Services due to unforeseen road or weather conditions, or other reasons beyond our control.

Price and payment

You agree to pay us the Costs and other payments and expenses for the Services you have requested, as set out in the Service Agreement (together referred to as the Price). All amounts are stated in Australian dollars. All prices include GST, where applicable, unless otherwise stated.

The Price and Services can be varied by written agreement between us, including by email.

We will provide you with the Costs for each Service requested and you agree that the Service Agreement,

Terms and Conditions for services provided by I CAN EXPLORE PTY LTD ACN 627 947 522

whether varied or amended from time to time, applies to the provision of all Services.

Payments must be made within 3 Business Days of receipt of our invoice for the Services provided to you. If we have not received payment within 3 Business Days, we will request proof of payment and may, in our sole and absolute discretion, suspend the provision of future Services until payment is received.

Upon receipt of payment we will issue a receipt which can be used for NDIS reimbursement. Alternatively, we can invoice NDIS Plan Managers directly if you provide us with the correct name, email address and phone number for your Plan Manager prior to the commencement of Services.

Payment must be made via direct transfer to the bank account nominated in our Invoice.

We may, at our sole discretion, extend the time for payment.

If any amount remains unpaid by you for 15 Business Days after the provision of the invoice for our Services, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us.

We may charge interest at a rate of 15% on any amounts unpaid by you following the due date on our invoice for the provision of our Services.

These Terms and Conditions may be amended from time to time in our sole discretion and such changes will, unless otherwise noted, be effective immediately.

Your obligations and warranties

You warrant that as at the date of entering into the Service Agreement and throughout the term of the Agreement:

  1. (a)  there are no legal restrictions preventing you from agreeing to the Service Agreement;
  2. (b)  you will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
  3. (c)  the information you provide to us is true, correct and complete;
  1. (d)  you will not infringe any third party rights in working with us and receiving the Services;
  2. (e)  you will inform us if you have reasonable concerns relating to our provision of Services under the Service Agreement, with the aim that we and you will use all reasonable efforts to resolve the concerns;
  3. (f)  you are responsible for obtaining any consents and permissions from other parties necessary for the Services to be provided, at your costs, and for providing us with the necessary consents and permissions;
  4. (g)  you will not breach any part of the Service Agreement;
  5. (h)  you will behave and act in socially appropriate ways that is considered to be socially responsible; and
  6. (i)  you will comply with our reasonable instructions including our Client Protection Policy and any other relevant policy.


You agree to us displaying photographs, images and/or videos of the provision of our Services, in which you may feature (Visual Media), for marketing and advertising purposes, including but not limited to our brochures, website and social media accounts.

We will take every reasonable effort to ensure that in displaying the Visual Media, no personal information of yours will be visible.

Where we publish Visual Media our social media accounts, we may tag your relevant social media accounts in the Visual Media in accordance with the terms and conditions of that social media provider. You may decline any tag requests from us or remove tags at any time.

Please notify us in writing if you do not want to have Visual Media published and/or if you do not want your social media accounts to be tagged in the Visual Media.


It is highly recommended that medication remains in your possession, to be administered by you as prescribed. Our staff, agents and Third Party Providers are not permitted to administer medication, unless expressly stated in your “My Safety” Plan.

Spending Money

You are responsible for paying for all costs arising during the provision of the Services, including but not limited to the payment of public transport tickets, entry fees, food and drinks and any other goods or services you may request.

No spending money will be provided by us, our staff, agents or Third Party Providers in the provision of Services.

You must have sufficient spending money to undertake the Services provided and under no circumstances will spending money be provided by us, our staff, agents or Third Party Providers.

Personal Items

All personal items are your responsibility. We are not liable for replacing personal items that are lost, stolen or damaged during the provision of Services.


You acknowledge and accept that cancellations may occur from time to time, due to circumstances outside our control. We reserve the right to cancel the provision of Services at any time due to weather, a safety risk, unavailability of Third Party Providers and any other circumstances reasonably considered to be outside our control.

We are not liable for any of your costs, which may be incurred as a result of the cancellation of our Services due to circumstances outside our control including Third Party Provider cancellations. Any money paid by us to a Third Party Provider is the subject of the Third Party Provider’s cancellation policy. We cannot refund any money already paid to a Third Party Provider. You may contact the Third Party Provider directly to request a refund.

Should we be required to cancel the provision of Services, we will use our best endeavours to arrange for the Services and bookings to be transferred to another date, where possible.

Should you need to cancel our Services after they have been confirmed, you must advise us as soon as possible, in writing.

The following cancellation notice periods and fees apply:

  1. (a)  in the case of less than 48 hours’ notice, the cancellation fee will be 50% of the Price of the Services requested; and
  2. (b)  in the case of less than 24 hours’ notice, the cancellation fee will be the full Price of the Services requested.

Cancellation notice periods and fees may vary for circumstances where our Services are required for 12 or more hours in duration and/or include Overnight Stays. In these circumstances, we will advise you of the relevant cancellation notice periods and fees at the time of booking our Services.


Where the provision of Services depends on your information or response, we have no liability for a failure to perform or delay in performing the Services caused wholly or in part by your delay in responding, or incomplete or incorrect information provided by you.


The Parties may terminate the Service Agreement by mutual agreement in writing including by email.

We may terminate the Service Agreement immediately, in our sole and absolute discretion, if:

  1. (a)  you breach any part of the Service Agreement or do not comply with our reasonable instructions;
  2. (b)  you are behaving or acting unreasonably or are offensive to our staff, agents or other persons;
  3. (c)  you are causing harm or are likely to cause harm to our staff, agents or other persons; or
  4. (d)  you fail to pay an Invoice within 15 Business Days of the payment date.

On termination of the Service Agreement you agree that any deposits or payments made are not refundable to you, and you are to pay all Invoices for Services rendered to you.

If we terminate the Service Agreement early, you must pay for all Services provided prior to termination on a pro rata basis up to the point of termination, including any Services which have been performed and have not yet been invoiced to you.

On termination of the Service Agreement you agree to abide with the destruction requirements set out in our Privacy Policy.

We will retain your documents (including copies) as required by law or regulatory requirements. Your agreement to these Terms and Conditions constitutes your authority for us to retain or destroy documents in compliance with the relevant statutory periods, or on termination of the Service Agreement.

The accrued rights, obligations and remedies of the Parties are not affected by the termination of the Service Agreement.


Where the provision of our Services involves long distance, interstate or overseas travel, you are solely responsible for ensuring you take out adequate and suitable travel insurance to cover your needs.

We will not be liable for any loss, damage or injury caused to you or your personal belongings during any travel whilst providing our Services.

Feedback and Dispute Resolution

Your feedback is important to us. We will seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us.

If there is a dispute in relation to the terms of the Service Agreement, the parties agree to the following dispute resolution procedure:

  1. (a)  The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith within 2 weeks of the respondent’s receipt of the written notice to seek to resolve the dispute by agreement between them (Initial Meeting).
  2. (b)  If the Parties cannot agree how to resolve the dispute at the Initial Meeting or if there has been no Initial Meeting within the required time, any Party may refer the matter to a mediator appointed by the Disability Services Commission or NDIS. If the parties cannot agree on who the mediator should be, the complainant will ask the Disability Services Commissioner to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.

(c) Any attempts made by the parties to resolve a dispute pursuant to the dispute resolution process are without prejudice to other rights or entitlements of the parties under the Service Agreement, by law or in equity.

(d) The costs of any mediation shall be borne by the parties as directed by the mediator, and failing such decision, in equal shares.

Australian Consumer Law

To the extent that it cannot be excluded by these Terms and Conditions, certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL and the Service Agreement.

Statutory warranties for service

If you are a consumer as defined in the ACL:

  1. (a)  we guarantee that the Services we supply to you are rendered with due care and skill;
  2. (b)  we guarantee that the Services that we supply are fit for the purpose that we advertise, or that you have told us you are acquiring the Services for, or for a result which you have told us you wish the Services to achieve unless we consider and disclose that this purpose is not achievable;
  3. (c)  we guarantee that the Services will be supplied within a reasonable time; and
  4. (d)  to the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Services is limited to us re- supplying the Services to you, or, at our discretion, us refunding to you the amount you have paid us for the Services to which your claim delays.


To the fullest extent permitted by law, we exclude all express or implied representations, conditions, guarantees and terms relating to the Services and to these Terms and Conditions except those set out in the Service Agreement, including but not limited to:

  1. (a)  implied or express guarantees, representations or conditions of any kind, which are not stated in the Service Agreement;
  2. (b)  our Services being unavailable; and
  3. (c)  any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, or otherwise, suffered by you or claims made against you, arising out of or in connection with the inability to access or use the Services, and the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.


Our total liability arising out of or in connection with our Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the 12 month period prior to the event giving rise to the liability.

This limitation of liability will survive termination of these Terms and Conditions.


You are liable for and agree to indemnify, defend and hold harmless for and against any and all claims, liabilities, suits actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

  1. (a)  any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  2. (b)  any breach of the Service Agreement; and

(c) any misuse of the Services from or by you, your employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arise out of or relate to incorrect information you have given us.

These obligations will survive termination of the Service Agreement.


If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Force Majeure

We will not be liable for any delay or failure to perform our obligations under the Service Agreement if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate the Service Agreement by giving you 5 Business Days’ notice in writing.


Any notice required or permitted to be given by either party to the other will be in writing addressed to you at the address in the Client Information Form. Any notice may be sent by standard post or email, and notice will be deemed to have been served on the expiry of 72 hours in the case of post, or at the time of transmission in the case of email.

Jurisdiction & Applicable Law

These terms are governed by the laws of Victoria and the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

Entire Agreement

The Service Agreement and any documents expressly referred to, as amended from time to time, represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.