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Terms & Conditions

ENGAGEMENT LETTER – 

This is to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide and the data management policies we adhere to.

RECITALS 

  • The Licensor owns or has the right to use the computer software Vertex 360.
  • The Licensee desires the computer software for the permitted use.
  • The Licensor wishes to license computer software to the Licensee and the Licensee desires to purchase the software License under the terms and conditions state in this proposal.
  • The Licensor and the Licensee wish to record the License, which has been granted to the Licensee to use the software in accordance with this agreement.
  1. Definitions

In this agreement:

  1. Business means the business operated by the Licensee described as such in the schedule;
  2. Business day means a day, not being a Saturday, Sunday or gazette public holiday, on which banks are open for commercial business where performance of an obligation under this agreement is to take place;
  3. Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost liability, action, proceeding, right of action, chose in action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;
  4. Commencement date means the date so specified in the schedule or the date of execution of this agreement;
  5. Confidential information means all technical and other information and know how, including all information and know how in any eye or machine readable form or other format, disclosed or given to the Licensee from any source in respect of or incidental to:
    1. The product;
    2. The technology;
    3. The Licensor; and
    4. Any other information disclosed or given to the Licensee by the Licensor which is declared by the Licensor to be confidential information;
  6. Improvements means any improvement, modification, enhancement or derivative of the Software arising during the term;
  7. Software means:
    1. The confidential information including the programming code;
    2. The improvements;
    3. The patent; and
    4. The trade mark;
  8. Licensing fee means royalty, License fees or other income from third parties, for the use  or grant of a License to the Software, payable to the Licensor as specified in the schedule;
  9. Notice means a written notice, consent approval, direction, order or other communication;
  10. Obligation means any legal, equitable, contractual, statutory or other obligation, agreement, covenant, commitment, duty, undertaking or liability;
  11. Patent means the registered patent or patent application including the provisional and complete specifications described in the schedule;
  12. Permitted use means to conduct the business to exploit market, promote, develop, integrate, research, sell and conduct and any other activity undertaken with respect to the product for profit or reward;
  13. Product means the product described as such in the schedule;
  14. Right includes a legal, equitable, contractual, statutory or other right, power, authority, benefit, privilege, remedy, discretion or cause of action;
  15. Technology means all that technical information which relates to or forms part of the product, including, without limitation, methodology, techniques, drawings, outlines, notes, algorithms, detailed designs, flow charts, results, software, partial or intermediate versions and prototypes, data, formulae and other proprietary information and know how in the Licensee’s possession or control or which is revealed to the Licensee which relates to the product;
  16. Term means the term set out in the schedule; and
  17. Trade mark means the registered trade mark, trade mark registration application and common law trade marks described in the schedule.
  18. NDIS means any laws, regulations or standards under National Disability Insurance Scheme Act 2013 (Cth) or its ancillary regulations and
  19. Use of software includes any login remotely, via cloud or over desktop to the software Vertex 360 by the Licensee, directly or indirectly.
  20. Portal means any software or online access which requires a sign up, sign in or a use of the software Vertex360 in any shape or form.
  1. Interpretation

This agreement is governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State.

In the interpretation of this agreement:

  1. References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
  2. Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, words denoting one gender include

all genders and references to documents or agreements also mean those documents or agreements as changed, novated or replaced;

  1. Grammatical forms of defined words or phrases have corresponding meanings;
  2. Parties must perform their obligations on the dates and times fixed by reference to the capital city of Victoria;
  3. Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia;
  4. If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day;
  5. References to a party are intended to bind their heirs, executors, administrators, successors and assigns; and
  6. Obligations under this agreement affecting more than one party bind them jointly and each of them severally.

III. License

  1. Under this Agreement, the Licensor grants to the Licensee a non-exclusive and non-transferable License (the “License”) to use Vertex 360 (the “Software”).
  2. “Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, Software rights, and distribution rights of the Software remain exclusively with the Licensor. Software rights include the look and feel of the Software. This Agreement constitutes a License for use only and is not in any way a transfer of ownership rights to the Software.
  4. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make the Software available for use by one or more third parties.
  5. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  6. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
  1. Licensee’s promises
  2. Undertakings

(i) The Licensee undertakes to:

  1. Use its reasonable commercial endeavors to:
    1. Preserve the value and validity of the Software; and
    2. Create, promote, retain, and enhance the goodwill in the Software;
  2. During the term and after the termination of this agreement, not allow or facilitate the use, nor exploit the Software in a manner, or in any way, detrimental to the Licensor and not contravene, deny or contest the rights subsisting in the Software, and take such steps as may be appropriate and available to the Licensee to prevent the infringement of any and all the rights subsisting in the Software;
  3. In connection with the permitted use, not give any warranty:
    1. Beyond that which the Licensee is obliged in law to give; or
    2. Which has not been approved in writing by the Licensor;
  4. Use the Software only for the permitted use and not for any other use;
  5. Treat as confidential the confidential information except that which at the time of its disclosure to the Licensee was generally available, or subsequently became known to the public, provided always that this covenant continues in full force and effect after this agreement has terminated;
  6. Devote all reasonable commercial endeavors in the conduct and operation of the business.
  1. Indemnity and Limitation of Liability

(i) The Licensee agrees to fully, effectually, and promptly indemnify the Licensor against any loss, either direct or indirect, damage or expense whatsoever which the Licensor may suffer or incur in respect of:

  1. Any breach by the Licensee of the provisions of this agreement; or
  2. Any claim by any person against the Licensor arising out of or in respect of the exploitation of the Software by the Licensee;

(ii) The Licensee irrevocably releases the Licensor and waives all claims which the Licensee may have in the future against the Licensor, in respect of any action, claim or remedy whatsoever in any way attributable to the exploitation of the Software by the Licensee.

(iii) The Software is provided by the Licensor and accepted by the Licensee “as is”. Liability of the Licensor will be limited to a maximum of the original purchase price of the Software. The Licensor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

(iv) The Licensor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

(v) The Licensor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

(vi) Other than in respect of a party’s:

  1. Breach of the confidentiality provisions of this agreement; or
  2. Infringement of another party’s Software rights; or
  3. Indemnification obligations under this agreement; or
  4. Willful misconduct;

neither party will be liable to the other for any consequential, special or punitive damages arising out of this agreement. Each party’s cumulative direct damages will be limited to the License fee payable under this agreement in the prior 12 month period. This clause survives the termination or expiration of this agreement.

  1. Improvements
  1. Grants to the Licensor the right to apply for any incidental Software rights available in respect of that improvement and in connection with such application, the Licensee must:
    1. Make, supply and assist in the preparation of all models, plans, drawings or specifications necessary or convenient for the proper understanding or development of the improvements; and
    2. Grant and do all things necessary to give effect to an assignment of the Software rights in respect of the improvements to the Licensor;
  2. Assigns, transfers and sets over absolutely to the Licensor all right, title, and interest to the improvements including all claims as they relate to the improvements.
  1. Goodwill protection
  1. The Licensee must allow the Licensor or its nominated representative to inspect:
     
    1. The business or the product; and
    2. The place and method of use of the Software by the Licensee;

To ensure the goodwill of the Software is being maintained, and must comply as may be reasonably directed in writing by the Licensor on the issue of protection of the goodwill of the Software from time to time.

VII. A. Term & termination (12 months plan)

  1. Term

This agreement shall commence on the date of execution and shall continue for a fixed term of twelve (12) months (“Initial Term”). Upon expiry of the Initial Term, this agreement will automatically renew for successive twelve (12) month periods (“Renewal Terms”) unless either party provides written notice of non-renewal at least thirty (30) days prior to the expiry of the then-current term.

  1. Termination on notice

Either party may terminate this agreement by notice in writing to the other if the other party commits any breach of any provision of this agreement, and has failed to remedy such breach within 14 days of receipt of notice specifying:

  1. The exact nature of the breach committed by the defaulting party; and
  2. What is required by the defaulting party to remedy the breach;
  1. Immediate termination

If the Licensee wishes to terminate this agreement prior to the completion of the Initial Term or any Renewal Term, the Licensee must pay to the Licensor an exit fee equal to fifty percent (50%) of the total remaining License fees payable for the balance of the then-current term. This exit fee is calculated as:

  • Remaining months in the current term × Monthly License fee (at the time of cancellation) × 50%.
  1. Effect of termination

Upon termination:

  1. The Licensee must deliver to the Licensor all documents and other materials including all copies in its possession relating to the Software, and will do such further things as may be reasonably required by the Licensor to protect its right, title and interest in the Software;
  2. Any License fee previously paid remains the property of the Licensor and will not be refunded; and
  3. Any License fee due but unpaid as at the date of the termination must be paid by the Licensee to the Licensor.

 

VII. B. Term & termination (Month to month plan)

  1. Term

This agreement begins on the date of its execution and ends on the date as stipulated by the reference schedule and will continue for the term unless it is earlier terminated.

  1. Termination on notice

Either party may terminate this agreement by notice in writing to the other if the other party commits any breach of any provision of this agreement, and has failed to remedy such breach within 14 days of receipt of notice specifying:

  1. The exact nature of the breach committed by the defaulting party; and
  2. What is required by the defaulting party to remedy the breach;
  1. Immediate termination

The Licensor may by notice in writing immediately terminate this agreement upon:

  1. The making or filing of any application to wind up the Licensee under any law or government regulation relating to bankruptcy or insolvency; or
  2. The appointment of a receiver, agent or manager for all or substantially all of the property of the Licensee; or
  3. The making by the Licensee of any assignment, arrangement or composition whether formal or informal for the benefit of its creditors; or
  4. The institution by the Licensee of any proceedings for the liquidation or winding up of its business; or
  5. The failure to pay the License fee within seven business days of its due date for payment; or
  6. In any event and without the need for default by the Licensee, upon giving the Licensee 14 days prior written notice.
  1. Effect of termination

Upon termination:

  1. The Licensee must deliver to the Licensor all documents and other materials including all copies in its possession relating to the Software, and will do such further things as may be reasonably required by the Licensor to protect its right, title and interest in the Software;
  2. Any License fee previously paid remains the property of the Licensor and will not be refunded; and
  3. Any License fee due but unpaid as at the date of the termination must be paid by the Licensee to the Licensor.

 

 

VIII. License fee

  1. Payment of License fee

The Licensee must pay the License fee specified in the schedule to the Licensor during the term.

  1. Variation of License fee

The License fee may be varied from time to time by the Licensor in line with the reference schedule. In the event of no notice to increase the fee, the license fee will remain at the rate specified in the schedule increased annually in accordance with increases in the Australian Consumer Price Index weighted average of capital cities or equivalent measure.

If the License fee or any other money payable by the Licensee to the Licensor remains unpaid for seven days after the due date for payment, whether or not formal demand has been made, then the Licensee must pay, in addition to any money actually owing to the Licensor, interest at the rate of 2% over the bank indicator lending rate for overdraft of $100 nominated by the Licensor on such money from the date the payment actually fell due until such money is recovered and paid to the Licensor.

  1. Warranties by Licensor

The Licensor warrants to the Licensee that:

  1. The Licensor has the power and authority to enter into this agreement; and
  2. The Software rights granted under this agreement will not when used in accordance with this agreement, infringe the Software rights of any person.
  1. Third party claim

(a) Provided that the Licensee is not in breach of its obligations under this agreement, if a third party makes a claim against the Licensee alleging that use of the Software infringes its Software rights, the Licensor will defend, indemnify and hold harmless the Licensee from such a claim provided that:

  1. The Licensee notifies the Licensor in writing promptly of the claim;
  2. The Licensee provides such information, assistance and co-operation as the Licensor may reasonably request and at its expense, from time to time; and
  3. The Licensor has full discretion to defend, compromise or settle any such claim on such terms as the Licensor deems fit.

(b) If the Licensor cannot satisfactorily settle the claim so as to retain ownership of the Software, its liability will be limited to terminating this agreement, and refunding the Licensee an amount equal to the portion of any License fee paid for the period following termination.

(c) Nothing in this clause authorises the Licensee to defend, compromise or settle any claim on the Licensor’s behalf.

  1. Other Terms and Conditions
  1. This Agreement can be modified in writing signed by both the Licensor and the Licensee or by publishing a new version of this agreement at the Software’s website or in the Software itself, at the sole discretion of the Licensor.
  2. This Agreement does not create or imply any relationship in agency or partnership between the Licensor and the Licensee.
  3. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  4. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Licensor’s successors and assignees.
  5. The Licensor will not be responsible for any claims or losses whatsoever arising due to loss of data if the Licensee or any of its agents or employees loses login details for the software.
  6. The Licensor will take all reasonable precautions against any loss of data stored on the servers, and in relation to the obligations under this agreement. However, the Licensor will be free of liability to the Licensee where the Licensor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event including hacking or online attacks, where the Licensor has taken any and all appropriate action to mitigate such an event.
  7. Technology, any other software, equipment, procurement and maintenance, required for the software is the sole responsibility of the Licensee.
  8. The Licensee must ensure that its computers, technology and equipment is well protected with an antivirus or firewall at its own cost.
  9. Time is of essence in relation to the payment of usage fees for this software, any payment due to the Licensor must be made within 14 days of the start of each month and the License consents to a block being placed on the software use in the event of a non-payment past this date. No action at law or equity may be brought against the Licensor due to any losses incurred due to the block of the software use so applied.
  10. Any data including but not limited to visual, audio, photographs, medical information and information of personal and sensitive nature is deemed to be consented by the employees and clients of the Licensee for the usage and storage in Vertex 360. The Licensee must ensure that it has systems and procedures in place to ensure such consents in relation to their client’s privacy are procured. The Licensee indemnifies the Licensor, at law and equity, from any actions, suits and complaints from any third parties in this regard.
  11. Licensor may share Participant and Workers data with third-party applet providers such as Twilio, APITemplate, AWS and others as needed to deliver, support, or improve the services, subject to appropriate data protection obligations.
  12. The Licensor will not sell or share data belonging to Licensees, their participants and their employees with third parties other than its supporting partners Vertex Compliance and Consulting Pty Ltd and AHR Legal Pty Ltd T/as Ammanah Legal for the purposes of providing Accounting and Legal advice.
  13. The Licensor undertakes that the supporting partners are bound by the same restraint as to the sharing and sales of Licensee data as provided in clause 11(11) above. To avoid doubt, the Licensee may choose, not to utilise the complimentary accounting and legal advice support by notifying of the same in writing to the Licensor, in which case the data will not be shared with the supporting partners VAC and Ammanah Legal.
  14. Vertex 360 is a tool to assist with compliance with the NDIS practice standards, however it does not guarantee compliance in any way shape or form. Appropriate resources must be utilised by the Licensee to ensure its compliance with NDIS Act, standards, rules and regulations.
  15. It is the sole responsibility of Licensee to accurately and properly use the software, obtain clarifications and training where required to assist with its compliance. The Licensee indemnifies Licensor from any consequential or otherwise damages at law and equity whatsoever in this regard.
  16. The Licensor shall make available data stored relevant and pertaining to the Licensee upon a written request within 30 days of such request being made and the payment of a reasonable cost for the retrieval of the data, in a format deemed suitable by the Licensor.

XII. Assignment

No party may assign its rights or obligations under this agreement without the prior written consent of the other parties, which consent may be given or withheld, or given on conditions, in the absolute discretion of those other parties.

XIII. Time

The parties agree that time is in all respects of the essence of this agreement.

XIV. Notices

A notice or other communication to a party may be in writing and delivered to that party or that party’s practitioner in one of the following ways:

  • Delivered personally; or
  • Posted to their address when it will be treated as having been received on the second business day after posting or any viewable dialogues on the website, or the software itself; or
  • Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system.
  1. Waiver or variation
  1. A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
  2. The exercise of a power or right does not preclude:
    1. Its future exercise; or
    2. The exercise of any other power or right.
  3. The variation or waiver of a provision of this agreement or a party’s consent to a departure from a provision by another party will be ineffective unless in writing executed by the parties.
  4. If any provision in this contract is deemed inapplicable by a Court of Law or due to a statutory conflict or due to any reason whatsoever, only that provision will be affected and the remaining contract will continue to hold effect.

XVI. Counterpart, Deemed Execution or Electronic Signatures

This agreement may be executed in any number of counterparts each of which will be an original, but counterparts together will constitute one and the same instrument, and the date of the agreement will be the date on which it is executed by the last party. OR This agreement may be executed by way of electronic signatures, deemed execution, or checking a box as provided on Vertex 360 website or software portal. In this case, IP address or email from the Licensee will be sufficient evidence of the execution of this agreement. OR Deemed execution is the use of the software or continued use of the software (any use of the software whatsoever) by the Licensee and it will be sufficient evidence of the execution of this agreement.

XVII. Costs

  1. Each party will pay its own costs of and incidental to this agreement or the Licensor may at its absolute discretion recuse the Licensee from the payment for the preparation of this agreement.
  2. The Licensee will bear all duty payable on this agreement and keep indemnified the Licensor in respect of that liability.
  3. The Licensee will bear all GST payable in respect of any supply under this agreement upon receipt of a tax invoice issued by the Licensor.

XVIII. Data Management

Privacy Act

This privacy notice pertains to Vertex360 (“we,” “us,” or “our”) and outlines the reasons and methods by which we may collect, store, utilise, and/or share (“process”) your information when utilising our services (“Services”). This includes scenarios such as:

  • Downloading or using our cloud, mobile application (Vertex360), or any other application linked to this privacy notice.
  • Additionally, engaging with us through sales, marketing, or events falls under the purview of this notice.

To address any questions or concerns, reading through this privacy notice is crucial for understanding your privacy rights and choices. If you do not agree with our policies and practices, we recommend refraining from using our Services.

For further inquiries or concerns, please reach out to us at [email protected] or [email protected] or by mail at PO Box 6024, Point Cook, Victoria, Australia.

Summary of Key Points

This summary provides an overview of essential aspects covered in our privacy notice. For detailed information on each topic, please refer to the corresponding sections below:

  1. Personal Information Processing:
    We process personal information based on your interactions with our Services, choices, and use of products/features. Further details on disclosed personal information are available in relevant sections.
  2. Sensitive Personal Information:
    We do not process sensitive personal information. If any sensitive personal information is provided to us, we will deal with it in accordance with the Privacy Act 1988 (Cth) (Act) to the best of our knowledge. A link to the Act is provided here. If you believe you have provided us with sensitive information, which you deem sensitive for any reason, we encourage you to contact us as soon as practicable to deal with the information in line with your preference and choice. https://www.legislation.gov.au/Details/C2014C00076
  3. Third-Party Information Sharing:
    We do not receive or share any information from third parties save for where you have opted to utilise the services of third parties or have entered into an agreement with us to utilise the services of third parties.
  4. Information Processing Procedures:
    We process your information to provide, enhance, and administer Services, communicate with you, ensure security and fraud prevention, and comply with the relevant Act. Additional details on processing with your consent and legal reasons are outlined.
  5. Sharing Personal Information:
    Information may be shared in specific situations and with specific third parties. Explore more on instances and recipients in the respective section.
  6. Information Security Measures:
    We employ organisational and technical processes to safeguard your personal information. However, we cannot guarantee absolute security against unauthorised access or modifications. Learn more about our security measures in Paragraph 5 below.
  7. Privacy Rights:
    Depending on your geographical location, privacy laws may grant you specific rights regarding your personal information. Explore details on your privacy rights in the corresponding section.
  8. Exercising Your Rights:
    To exercise your rights, submit a data subject access request or contact us. We will address and act upon any requests in accordance with applicable data protection laws.
  9. Further Information:
    For a comprehensive understanding of our data practices, please review the complete privacy notice.
  1. Information Collection Overview:

Personal Information Disclosure:
In summary, we gather personal information voluntarily disclosed by you. This occurs when you register for our Services, express interest in learning about us or our products, engage in Service-related activities, or contact us for any reason including visiting our website or our mobile application.

Types of Personal Information Collected:
The personal information we collect is contingent on your interactions with us, your choices, and the products or features you use. This may encompass details such as names, email addresses, profile pictures, passwords, and information provided when using our app (e.g., name, mobile number, date of birth).

Handling Sensitive Information:
We do not engage in the processing of sensitive information. If any sensitive personal information is provided to us, we will deal with it in accordance with the Privacy Act 1988 (Cth) (Act) to the best of our knowledge and ability. A link to the Act is provided here. If you believe you have provided us with sensitive information, which you deem sensitive for any reason, we encourage you to contact us as soon as practicable to deal with the information in line with your preference and choice. https://www.legislation.gov.au/Details/C2014C00076

Application Data:
For users of our application(s) who grant access or permission, we may collect additional information, including:
Push Notifications: Permission to send notifications about your account or specific application features. You can select it through your device settings.
Gallery Access: We may request access to your gallery and camera for picture uploads.
This information is essential for maintaining the security and functionality of our application(s), facilitating troubleshooting, and supporting our internal analytics and reporting.

Data Accuracy and Updates
All personal information provided must be true, complete, and accurate. It is your responsibility to notify us promptly of any changes to such personal information.

  1. Information Processing Overview:

Personal Information Disclosure:
In summary, we gather personal information voluntarily disclosed by you. This occurs when you register for our Services, express interest in learning about us or our products, engage in Service-related activities, or contact us for any reason including visiting our website or our mobile application.

Types of Personal Information Collected:
The personal information we collect is contingent on your interactions with us, your choices, and the products or features you use. This may encompass details such as names, email addresses, profile pictures, passwords, and information provided when using our app (e.g., name, mobile number, date of birth).

Handling Sensitive Information:
We do not engage in the processing of sensitive information. If any sensitive personal information is provided to us, we will deal with it in accordance with the Privacy Act 1988 (Cth) (Act) to the best of our knowledge and ability. A link to the Act is provided here. If you believe you have provided us with sensitive information, which you deem sensitive for any reason, we encourage you to contact us as soon as practicable to deal with the information in line with your preference and choice.
https://www.legislation.gov.au/Details/C2014C00076

Application Data:
For users of our application(s) who grant access or permission, we may collect additional information, including:
Push Notifications: Permission to send notifications about your account or specific application features. You can select it through your device settings.
Gallery Access: We may request access to your gallery and camera for picture uploads.
This information is essential for maintaining the security and functionality of our application(s), facilitating troubleshooting, and supporting our internal analytics and reporting.

Data Accuracy and Updates
All personal information provided must be true, complete, and accurate. It is your responsibility to notify us promptly of any changes to such personal information.

  1. Sharing Your Personal Information

In summary, we may share your information in specific situations detailed in this section and/or with the following third parties. Sharing of your personal information may occur in the following circumstances:

Business Transfers: In the event of, or during discussions related to, any merger, sale of company assets, financing, or acquisition of all or a part of our business, we reserve the right to share or transfer your information to another company.

Utilising benefits and services offered to you: In the event that you choose to utilise services offered by our partners who may be lawyers, accountants, plan managers, and other businesses, we shall deem it a consent to share your personal information with these third parties.

This version maintains the structure you provided without breaking the information.

  1. Information Retention Duration:

In Short: We retain your information only for the duration necessary to fulfill the purposes outlined in this privacy notice, unless legal requirements dictate otherwise.

We commit to preserving your personal information solely for the period required to achieve the purposes stated in this privacy notice, unless an extended retention period is mandated or allowed by law (such as for tax, accounting, or legal obligations). No objective in this notice warrants the retention of your personal information beyond the time users hold an account with us.

Upon the conclusion of any legitimate business need to process your personal information, we will take one of the following actions:

Deletion or Anonymisation: Your information will be either deleted or anonymised.

Secure Storage: If immediate deletion or anonymisation is not feasible (e.g., due to personal information being stored in backup archives), we will securely store your information, isolating it from further processing until deletion becomes possible.

  1. Ensuring the Security of Your Information:

In Short: We are committed to safeguarding your personal information through a combination of organisational and technical security measures.

We have implemented appropriate and reasonable technical and organisational security measures to protect the personal information we process. Despite our diligent efforts to secure your information, it’s essential to acknowledge that no electronic transmission over the Internet or information storage technology can be guaranteed to be completely invulnerable. Therefore, we cannot assure or guarantee that hackers, cybercriminals, or other unauthorised third parties won’t potentially breach our security measures, gaining improper access, collecting, stealing, or modifying your information.

While we strive to protect your personal information, transmitting such information to and from our Services carries inherent risks. Accessing our Services only within a secure environment is advisable to mitigate potential security concerns.

  1. Collection of Information from Minors:

In Short: We do not knowingly collect or market to individuals under 18 years of age.

We refrain from intentionally seeking data from or marketing to individuals under 18. When using our Services, you affirm that you are at least 18 years old or the parent or guardian of a minor and consent to the minor’s use of the Services. Should we discover the collection of personal information from users under 18 years old, we will deactivate the account and take reasonable steps to remove such data from our records promptly. If you know any data collected from individuals under 18, please get in touch with us at [email protected]

  1. Your Privacy Rights

In Short: You have the right to examine, modify, or close your account at any time.

Withdrawing Consent:

If we rely on your consent, whether express or implied, depending on applicable law, for processing your personal information, you can withdraw it at any time. Contact us using the details provided in the section “HOW CAN YOU CONTACT US ABOUT THIS NOTICE?” below. Please be aware that withdrawing consent doesn’t impact the lawfulness of processing before withdrawal. Furthermore, where applicable law allows, it doesn’t affect processing based on other legitimate grounds besides consent.

Account Information:

For reviewing or altering your account information or terminating your account:

Contact Us: Use the provided contact information.

Upon your account termination request, we will deactivate or delete your account and related information from our active databases. However, certain details may be retained in our files to prevent fraud, address issues, aid investigations, uphold legal terms, and adhere to relevant legal requirements.

If you have inquiries or comments about your privacy rights, feel free to email us at [email protected]

  1. Controls for Do-Not-Track Features:

Many web browsers, some mobile operating systems, and mobile applications provide a Do-Not-Track (“DNT”) feature or setting that allows you to express your privacy preference, indicating your desire not to have data about your online browsing activities monitored and collected. Currently, there is no universally accepted technology standard for recognising and implementing DNT signals. Consequently, we do not respond to DNT browser signals or any other automated mechanism that conveys your choice not to be tracked online.

If a standard for online tracking is established and becomes mandatory for us to adhere to in the future, we will update you on this practice in a revised version of this privacy notice.

  1. Platinum Members

Legal Services

Legal support is provided by AHR Legal Pty Ltd (Ammanah Legal) who are NDIS Specialist Lawyers and supporting partners of Vertex 360 Software Solutions Pty Ltd.

The support is provided by way of answering common queries related to NDIS provider’s legal obligations and rights and a complimentary NDIS standard employment agreement. The availability of complimentary legal advice is at the sole discretion of Ammanah Legal and it reserves its absolute right and discretion not to afford any such advice.

Any matters deemed not suitable for complimentary advice including any such advice itself are chargeable at the sole discretion of Ammanah Legal. In such an event, the Licensee will be advised of the costs for advice or work to be performed prior to the charges incurring.

The Licensee holds the Licensor innocent at law and equity as to any such advice provided by Ammanah Legal.

The Licensee indemnifies Ammanah Legal at law and equity from any actions, suits and complaints whatsoever in relation to the complimentary advice so provided and may seek independent legal advice in relation to their queries.

 

NDIS Consulting

NDIS Consulting is provided by Vertex Compliance and Consulting Pty Ltd, who are NDIS registration and compliance specialists and supporting partners of Vertex 360 Software Solutions Pty Ltd.

The support is provided by delivering a standard internal standard desktop audit once a year. The availability of internal audit is at the sole discretion of Vertex Consultants, and it reserves its absolute right and discretion not to afford any such service.

Any matters deemed not suitable for complimentary benefit including any such benefit itself are chargeable at the sole discretion of Vertex Consultants. In such an event, the Licensee will be advised of the costs for advice or work to be performed prior to the charges incurring.

The Licensee holds the Licensor innocent at law and equity as to any such advice provided by Vertex Consultants.

The Licensee indemnifies Vertex Consultants at law and equity from any actions, suits and complaints whatsoever in relation to  the complimentary advice so provided and may seek an independent legal or financial advice in relation to their queries.

  1. International Transfer of Information:

We may transfer, store, and process your information in countries outside Australia. By using our Services, you consent to these transfers and acknowledge that different privacy laws may apply in those jurisdictions.

If you choose to use our optional data migration services, you acknowledge and agree that such services may be carried out by Licensor (Vertex360) staff or contractors located overseas. By opting in, you accept full responsibility and accountability for any potential data breaches that may occur during the migration process.

While Vertex360 follows strict data handling and security protocols to prevent breaches, the Licensor (Vertex360) shall not be held liable for any data loss, breach, or security incident related to this optional service.

  1. Privacy Rights in Specific Regions:

In Short: Your location may grant you additional privacy rights.

Australia:

We collect and process your personal information under the obligations and conditions outlined in Australia’s Privacy Act 1988. This privacy notice fulfils the notification requirements specified in the Privacy Act, detailing what personal information we collect, its sources, purposes, and other recipients.

Suppose you choose not to provide the necessary personal information. In that case, it may impact our ability to offer certain services, such as providing desired products or services, responding to requests, managing your account, and confirming your identity for account protection.

You retain the right, at any time, to request access to or correction of your personal information. Such requests can be made by contacting us through the details provided in the section “HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?”

Should you believe that we are unlawfully processing your personal information, you have the right to submit a complaint about a breach of the Australian Privacy Principles to the Office of the Australian Information Commissioner.

  1. Notice Updates:

In Short: Yes, this notice will be updated as required to adhere to applicable laws.

We reserve the right to update this privacy notice periodically. The revised version will be identified by a modified “Revised” date and become effective as soon as it is accessible. We may notify you through prominent posting or direct notifications if substantial changes are made. You should review this privacy notice regularly to stay informed about how we safeguard your information.

  1. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have inquiries or comments about this notice, feel free to reach us via email at [email protected] or by post at:

Vertex360

PO Box 6024,

Point Cook, Victoria,

Australia

  1. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Your Rights Regarding Personal Information:

You have the right to request access to the personal information we collect from you, make changes to that information, or request its deletion.

To initiate a request for reviewing, updating, or deleting your personal information, please complete and submit a data subject access request or contact us at  [email protected] or PO Box 6024, Point Cook, Victoria, Australia.

  1. Acceptance of Policy and Changes:

Your use and any continued use of any of our products or services including any dealings with us will be deemed an acceptance of this Policy, following updates to this policy any continued use will constitutes your acceptance of the changes. Any changes or updates to this policy will be published on the website and the software Vertex360, identifiable by a new version and/or a date.

 

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