Terms and Conditions for use of the LTCSA Provider Portal

Use of the Portal

You agree:

1. the Portal is for the electronic lodgement of invoices to the Authority for services provided under the Services Agreement;
2. to co-operate with the Authority as requested including (but not limited to) installing any software, software updates and making any changes to systems, reasonably required by the Authority to facilitate such electronic lodgement; and
3. to lodge invoices under the Service Agreement via the Portal if and when required to do so by the Authority.

Access Restricted

You must:

1. not access the Portal unless You are registered with the Authority as authorised to use the Portal or are authorised Personnel of a Service Provider that is registered with the Authority;
2. ensure You provide complete, accurate and current information when registering to use the Portal and ensure You update this information in a timely manner; and
3. comply with any guidelines or directions issued by the Authority as to the Portal.

Use of information

You agree You have read and agree to the most recent privacy policy issued by the Authority each time You access the Portal.

You agree to Your Personal Information being used as detailed in these terms and conditions, and for the Authority to provide electronic messages to You regarding the Lifetime Care and Support Scheme, the Portal and other relevant information.

Privacy

You must:

1. comply with the requirements of all Privacy Legislation including the Australian Privacy Principles and all guidelines, determinations or recommendations of the Commonwealth Information Commissioner or the New South Wales Privacy Commissioner;
2. ensure that all Protected Information is protected against loss and against unauthorised access, use, modification or disclosure and against other misuse;
3. not use Protected Information other than for the purposes of the Service Agreement or use of this Portal, unless:
   1. required or authorised by law; or
   2. authorised in writing by the individual to whom the Protected Information relates but only to the extent authorised,
4. not disclose Protected Information without the prior written agreement of the Authority or the prior written agreement of the individual to whom the Protected Information relates, unless required or authorised by law.
5. ensure Your Personnel are aware of and comply with Your obligations in this clause and Your obligations as to privacy under the Service Agreement, and
6. comply with such other privacy and security measures as the Authority reasonably advises in writing from time to time.

Data and records

You must ensure:

1. only Your Personnel who are also authorised by the Authority have access to and use of the Portal;
2. You maintain accurate, complete and up-to-date information of Your Personnel authorised to use the Portal; and
3. information entered into, or submitted to, the Portal is complete, correct, accurate and complies with the Service Agreement and all applicable laws.

User IDs and passwords

A unique identification access (URL) is provided to each Service Provider registered by the Authority as authorised to use the Portal.

You must:

1. have a separate user access address to access the Portal which You are not to share with or disclose to any other person;
2. only log on to the Portal using Your own user access address and ensure other users of the Portal using the URL provided to You have their own user access address;
3. create a unique password to access the Portal and keep the password secret (including not writing it down) and ensure the password is not used by or available to any other person;
4. ensure other users of the Portal using the URL provided to You create a unique password to access the Portal and keep the password secret (including not writing it down) and ensure the password is not used by or available to any other person; and
5. log out of the Portal if vacating a terminal from which You accessed the Portal and ensure other users of the Portal using the URL provided to You log out of the Portal if vacating a terminal from which they access the Portal.

Your user access address may be recorded by the Authority for security and audit reasons against all information submitted by You. You acknowledge and agree to the Authority recording any Portal activity, including submission of any information, for security and audit reasons.

Misuse

If You know or suspect there has been any breach of security, unauthorised disclosure or use of Your password or misuse of the Portal, You must immediately:

1. change Your password; and
2. notify the Authority of such occurrence or suspicion.

You must immediately notify the Authority, if You become aware of any misuse or suspected misuse of any information on or relating to the Portal, or other information relating to the Service Agreement or activities performed under it.

Responsibility for systems, equipment and processes

The Authority is not responsible for providing or maintaining any hardware, software or other systems, equipment or processes necessary for You to access or use the Portal.

The Authority is not responsible for any costs or expenses incurred by You in connecting with or using the Portal including any connection charges.

Acknowledgements

You acknowledge the Authority does not represent or warrant that:

1. the Portal will be available at any particular time or all times, or that Your use of the Portal will be uninterrupted or error free;
2. You will be able to access or use the Portal, including, without limitation, with any computer hardware or software used by You; or
3. the Portal will not cause damage, or is or will remain error free or free from any computer virus, defect or contamination.

Proprietary rights

You do not acquire any right or title to Intellectual Property Rights in the Portal by reason of these terms and conditions or Your use of the Portal. All media, information, trademarks and other material provided through the Portal must not be reproduced or dealt with in anyway without the Authority’s prior written consent.

Liability

The Authority excludes all liability (in contract, tort including negligence, under statute or otherwise arising) to You as to any direct or indirect loss, damage, claim or expense arising out of or in connection with accessing, use or misuse of the Portal. You indemnify and keep indemnified the Authority against all liability, loss, damage, claims, causes of action, costs and expenses directly or indirectly arising from or in connection with access, use or misuse of the Portal by You. You acknowledge this clause is reasonable as the Authority is providing access to the Portal at no charge, to assist You and enable efficient processing of invoices.

Except as otherwise expressly stated in these terms and conditions, all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise relating to the Portal and to these terms and conditions are excluded by the Authority to the fullest extent permissible at law. Where any legislation, including the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2011), implies in this agreement any term, condition, guarantee or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition, guarantee or warranty, then the Authority limits its liability to resupply of the services.

Audit

You agree:

1. the Authority may from time to time audit compliance with these terms and conditions;
2. to give the Authority or its nominee, promptly on request, access to relevant records held by You or under Your control; and
3. to be available, to the Authority or its nominee, for the Authority or its nominee to conduct the audit.

Breach

You acknowledge monetary damages may not be sufficient to compensate the Authority for a breach of these terms and conditions. You acknowledge that in addition to any other remedy available at law the Authority is entitled to injunctive or equitable relief to prevent a breach of these terms and conditions and to compel specific performance of this agreement.

Suspension & Termination

You acknowledge and agree:

1. the Authority may suspend or terminate Your access to the Portal if You fail to comply with these terms and conditions or the Service Agreement;
2. Your authorisation to use the Portal terminates immediately if You cease to be approved by the Authority to provide services to the Authority; and
3. the Authority may, in its absolute discretion, suspend or cease to provide access to the Portal at any time.

General

You cannot assign, sub-contract or otherwise transfer any or all of Your rights or obligations granted under these terms and conditions except with the prior written consent of the Authority.

If any part of these terms and conditions is void, voidable or unenforceable then that part is severed from these terms and conditions without invalidating or affecting the remaining provisions.

Any failure by the Authority to exercise any right does not operate as a waiver and the single or partial exercise of any right by the Authority does not preclude any other or further exercise of that or any other right by the Authority.

The Authority may amend these terms and conditions from time to time by publishing updated terms and conditions on the Portal or by notifying You in any other way.

These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of that State.

Definitions

In these terms and conditions:

‘You’ or ‘Your’ means the Service Provider, the Service Provider’s Personnel who access the Portal and any other person who accesses the Portal whether with or without consent of the Authority.

‘The Authority’ means Lifetime Care and Support Authority of NSW.

‘Service Agreement’ means the 2015 Attendant Care Service Provider Agreement between a Service Provider and the Authority.

‘Service Provider’ means a service provider who has entered a Service Agreement with the Authority for the provision of services to participants in the Lifetime Care and Support Scheme.

‘LTCSA Provider Portal’ or ‘Portal’ means the IT application that enables a Service Provider to electronically submit invoices to the Authority.

‘Personnel’ means any officer, director, employee or Representatives.

‘Personal Health Information’ means personal information or an opinion about:

‘Personal Information’ has the same meaning as in the Privacy Act 1988(Cth).

‘Privacy Legislation’ means the Privacy Act 1988 (Cth), the Privacy and Personal Information Protection Act 1998 (NSW) and the Health Records and Information Privacy Act 2002 (NSW).

‘Protected Information’ means Personal Information and Personal Health Information.

‘Representatives’ means those representatives set out in Item 5 of Attachment A of the Service Agreement.