App Terms & Conditions

This document is our contract with you, a registered subscriber of Self Manager and user of the Self Manager mobile app. This document outlines our commitment as a service and app provider and your obligations as an end-user.

Introduction

In order to use the Self Manager mobile app, we need you to review and accept the terms and conditions contained in this document. To make this document easier to read, we have strived to use minimal jargon and explain things clearly. We have also summarised each section in the first paragraph to give you a summary of what each section defines.

Please note that this document is a legal document, and that if you do not agree to the terms and conditions defined in this document, you will be unable to use the Self Manager mobile app.

If you have any questions or comments after you have read these terms and conditions, please feel free to get in touch with Manage It Pty Ltd using the contact information at the bottom of this document.

This document has come in to effect from Tuesday 4th June, 2024, and was last updated on Tuesday 16th July, 2024.

1. Parties

This section outlines who these terms and conditions affect.

  1. You are a user of the Self Manager mobile app. A user may be a participant, or a nominee, a support coordinator or a staff member of an organisation that has the authority to act as and interact as a participant on the Self Manager service. You may be referred to as you, your or the user in this document.
  2. We are Manage It Pty Ltd, a plan management agency that provides the Self Manager service and has developed and released the Self Manager mobile app. We may be referred to as us, our or Manage It in this document.
  3. Google and Apple are multi-national technology companies, both headquartered in the United States of America, who provide the online app marketplaces (Google Play Store and App Store respectively) that the Self Manager mobile app has been made available on. This document may collectively refer to both companies as Market providers and both online app marketplaces as Marketplaces in this document.
  4. The App, named "Self Manager", is the mobile application made available by Manage It on the marketplaces that may be downloaded and installed on user's mobile devices. Please note that this is distinct from Self Manager, the online web-based NDIS payment and CRM product available at https://system.selfmanager.com.au. For clarity, we will refer to the online service as Self Manager or the service going forward, and will refer to the mobile app as simply App.
  5. Delegates, or sub-users, are users who have been granted full or partial access to your account and data through the Sub-Users feature of the Self Manager system. These users are external to your own account but may have access to some or all of your data depending on what you have authorised them to access.

2. App Access and Usage

This section outlines who may access and use the Self Manager mobile app, and the requirements that are to be met in order to authenticate with the app. It also outlines the terms you must follow when continuing to use the app.

  1. Applicable countries: Due to the focus of the Self Manager system and the app with the Australian National Disability Insurance Scheme (NDIS), this app is only available to Australian users at this time.
  2. Active subscription: While the app is freely available on the marketplaces and can be downloaded and installed on any compatible mobile devices, the application requires an active subscription to Self Manager, either for your own account or for the account that you are a delegate for. You will be required to sign in using your valid, active Self Manager account in order to access most of the functionality of the app.
  3. Compatible devices: The app is available for mobile devices running the Android operating system (Android 6.0 and above) and for devices running the iOS operating system (iOS 12 and above).
  4. Level of access: The functionality and access of this app may be restricted, in whole or in part, by the level of access assigned to you in Self Manager. This means that while the owner of an account might have full access to all features of the app, a delegate account that is connected to another user may only have access to some of the features of the app.
  5. The right to use the app: We grant you the right to use the app, at the level of access and at the role you have been granted, for as long as the active subscription defined in clause 1 remains active, unless we choose to revoke your access.
  6. Your responsibilities: You agree to keep your information up to date. It is your responsibility to provide true, accurate and complete information at all times and verify the accuracy of any information that you use or obtain from the app. You are responsible for maintaining the security of your account, including using strong passwords, multiple factors of authentication and not giving out your credentials.
  7. What we own: We own all data that has been collected or entered into the app or Self Manager, unless otherwise stated and excluding content that is owned by other entities. This includes the app itself, including all design, code and compilation of the app. 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 of the app itself, or make use of any of our intellectual property in any way unless express written permission has been granted by us.
  8. The right to change: We reserve the right to change, modify, add to or remove these terms at any time. We will let you know of any changes to the terms of the app. Your continued usage of the app after the terms have been changed will constitute your agreement to the new terms.

3. Data Use

This section outlines how we gather, use and provide data through the app.

  1. Use of data: When you enter or input data into the app, you grant us a license to use, transmit, analyse and store that data, including any personally identifiable or confidential data to enable us to provide you with continued service, allow us to improve and protect our app and services, and communicate with you. We may also communicate your data to third parties based on your preferences or where required by law or legal obligation.
  2. Your personal data: We take data privacy seriously. In addition to these terms, we also have a defined privacy policy that sets out how we process, store and use personal data.
  3. Personal data of others: Through the use of this app, you may be required to provide data, including personal information, of other people who may be linked to you by service or relation. The terms of the app and other related terms also applies to personal data provided by you of other people.
  4. Anonymised data: By continuing to use our app, you grant us the right to create statistical, anonymised data from your own data, including through aggregation. We may use this data to improve our app or service, identify trends, market or for other uses that we communicate to you.
  5. Data breaches: If we determine that a data breach has occurred with the data in use by the App or Self Manager, we will inform you of this as well, including what data has been breached if we're able to accurately determine the scope. We will also inform, depending on the severity, other parties such as law enforcement or the Office of the Australian Information Commissioner. As you will have the best knowledge of the scope of personal data that may be affected, we will seek your guidance with this process and will keep you informed of its progress.

4. Privacy

This section outlines how we, and you, protect private information.

  1. Confidential data: While using the app, you may share or be shared confidential information, and in turn you may become aware of confidential information about us. You, and we, both agree to take reasonable steps to protect each other's confidential information from being accessed by others, unless required to be disclosed by law or regulatory obligation.
  2. Confidential information of others: You agree that by providing confidential information of others, you have the right to disclose this information.

5. Photography and imagery

This section details specifically the use and disclosure of photographic images obtained through the app.

  1. You have the option to use the device camera: Some specific features of the app allow you to use your mobile device's camera to take photos of documents, however, in most cases we also offer direct file or image uploading capabilities.
  2. Your photos may inadvertently identify you and your surroundings: Photos taken through your camera may inadvertently reveal details about you, your belongings, your surroundings and other identifying features, depending on the framing of the photo.
  3. We will only accept photos that you approve: We do not capture any images unless you specifically approve them for submission. You will always be provided the ability to re-take, or cancel the capture of, your photos.
  4. We will not accept photos of an inappropriate or explicit nature: In any case of accepting photos, we will not accept photos which are inappropriate for the purpose given, including photos that contain indecent, illegal, sexually explicit or unsafe content. Upon being alerted to or aware of such photos, the photo will be destroyed or turned over to the applicable law enforcement bodies at the sole discretion of Manage It. You may also be terminated from further use of the Self Manager app or service.

6. Security

This section outlines each party's security responsibilities and obligations.

  1. Our commitment to security: We have invested in many different process-based, technical-based and physical-based security measures in order to keep your data safe, including access restrictions, secure communications between the App and Self Manager, monitoring and structured business processes. However, no online system is 100% secure and we are unable to guarantee perpetual, absolute security. As per our data breaches terms, we will notify you if we have reason to believe that someone may be able to (or has already) access your account or data without authorisation.
  2. Your commitment to security: Part of our security processes involves our trust in you to ensure security of your access to the app and Self Manager. This includes ensuring that you use a secure password, not sharing your account with other people unless absolutely necessary and taking advantage of additional security measures such as multi-factor authentication, access monitoring and personal confirmations. If such features are optional, you are responsible for any consequences as a result of not using these features, thus we strongly encourage that you use all security features made available to you.
  3. Responsible disclosure: If you have reason to believe that someone has used your data in an unauthorised manner, or that a user without authorisation has accessed your account, you must let us know immediately. We will then be able to take the necessary steps to investigate the unauthorised actions, mitigate any potential issues and follow any necessary procedures. You can inform Manage It of any data breaches using our contact information at the end of these terms.

7. Third-parties

This section outlines other entities who may be involved with services in the app or Self Manager, or other entities who may have access to your data.

  1. Sub-users: Self Manager, and at a future point - the app, have the ability for users to delegate access to their account and data to third-parties. For instance, a participant using Self Manager as part of their plan management with Manage It may grant access for their account to a legal guardian, support co-ordinator or others. It is the responsibility of the user to manage the level of access of these sub-users over their data, and keep this access up-to-date. Sub-users have a responsibility to keep their own account secure and agree to, and follow, all terms in this document as though they are the user themselves.
  2. Other entities: For some services and features in Self Manager and the app, your data may be passed to third-party entities in order to facilitate these services and features. Where possible, this information will be anonymised, however in the case this is not possible, the data will be limited only to the data necessary for the function or service to be used. These entities may include:
    • The National Disability Insurance Agency (NDIA)
    • The NDIS Quality and Safeguards Commission
    • The Australian Tax Office (ATO)
    • Xero Pty Ltd
    • MessageXchange / eVision Pty Ltd
  3. Third-party terms & conditions: Third-party products and services may be covered by their own terms & conditions and privacy policies. It is recommended that you review these documents, as your use of these services will require confirmation that you accept these documents. We make reasonable efforts to check the accuracy of these documents, but the providers are solely responsible for their accuracy. We don't endorse, or accept any responsibility, for these third-party services.
  4. Data breaches with third-parties: When we are informed, or made aware, of data breaches with the third-party entities that we use, we will make you aware of these data breaches, however, our ability to remedy these breaches may be limited.

8. Availability

This section outlines our commitment to the technical availability of the app.

  1. Service uptime: We take great care in ensuring that the Self Manager service and app are available 24 hours a day, 7 days a week. On occasion, we may need to make the service unavailable for maintenance or remediation, however, we strive to minimise such downtime. We make the status of the systems available at https://status.selfmanager.com.au.
  2. App uptime: As the app is reliant on the Self Manager system being available for authentication and data retrieval and submission purposes, the app's availability is directly linked to the availability of the system. As such, if the system is down, the app will not function and will display an API error screen in these situations.
  3. Planned maintenance: Where maintenance is planned for the Self Manager system, users will be notified via the status page published above, and may also be notified via social media, email or on Manage It's website. When the maintenance occurs, users will be updated on the status page as to the progress of the maintenance.
  4. Unplanned maintenance: Where maintenance is unplanned, we may not be able to give advance warning on the downtime, but will endeavour to update users on the status page as to the cause and progress of the maintenance.
  5. Indemnity and compensation: Regardless of the cause of maintenance, it is accepted by you through continued use of Self Manager and the app that Manage It will not be held responsible or liable, and will not compensate, for any downtime of Self Manager or the app.
  6. Deprecation: We reserve the right to deprecate features of the app when we intend to no longer, or are unable to, support those features. We will announce such deprecations in advance, where possible, to give our users enough warning, but are unable to make any guarantees, especially for features that involve third-parties.

9. Termination

This section defines the reasons that we would no longer make the app available to you, and what occurs after termination.

  1. Termination by you: You may terminate access to the app at any time by terminating your subscription to Self Manager. If you are using Manage It for plan management, this can be done by signalling your intention to cease services with Manage It. If you use Self Manager as a self-managed subscriber, this can be done by giving notice to Manage It in writing. Once your subscription is terminated, you will no longer be able to access Self Manager by the app.
  2. Termination by us: We may terminate (or temporarily suspend) your access to the app at any time for the following reasons:
    • You no longer have an active subscription with Self Manager.
    • You breach any of the terms above, and after 14 days notice from Manage It, are unable or unwilling to remedy the breach.
    • You fail to pay subscription fees for Self Manager.
    • Your account is subject to a data breach.
    • You are being plan-managed by Manage It and cease plan management services due to (but not limited to) changing plan managers, no longer being part of the NDIS or due to you passing away.
  3. Retention of your data: Upon termination of your Self Manager subscription and access to the app, your data is no longer modified and will be archived. However, we retain some information for a period of time as required by the NDIS due to data auditing, claims that are not yet finalized or where applicable by law or legal obligation.

10. Liability and Indemnity

This section defines our liability terms.

  1. Indemnity: Except in the case where we are proven to be at fault, you indemnify us against all losses, costs (including legal costs), expenses, demands and liability that we incur arising out of, or in connection with, a third-party claim against us relating to your use of the app or our services, or any third-party product.
  2. Disclaimer: Our app and services are made available to you "as is", meaning that we provide the app and service and it is entirely your choice as to whether you use the app or service. We disclaim all warranties, express or implied, including any implied warranties of non-infringement and fitness for a particular purpose.
  3. Limitations: Except those that we can't exclude or limit by legislation, our liability to you in connection with our services or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    • We have no liability from your use of our app or services for any monetary loss, loss of goodwill or damage of reputation, compliance issues, loss in connection with any other contract or indirect, consequential, incidental, punitive, exemplary or special loss, damage or expense.
    • For loss or corruption of your data, our liability will be limited to restoring data from our backed-up data, if available.
  4. Events outside our control: We are not liable for any failure or delay in performance of our obligations under these terms arising out of any event or circumstance outside of our reasonable control.

11. Additional Terms

  1. Dispute resolution: We are happy to discuss and accommodate any concerns you may have, and will work towards a speedy resolution to everyone's satisfaction. Please feel free to contact Manage It using our information below.
  2. Interpretation: Words like "include" and "including" are not words of limitation and where anything is within our discretion, we mean our sole discretion.
  3. Changes to these terms: We reserve the right to sometimes update these terms. Any changes to these terms will not apply retroactively, and we'll endeavour to let you know of any changes to these terms. By continuing to use the app or the services provided, this constitutes agreement of the modified terms.

12. Changelog

  • 16 July 2024

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Phone: (08) 9380 0271
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