Terms & Conditions
Please take the time to read these terms and conditions. By using the Services and Website of Rooster Tours Pty Ltd, you are agreeing to these terms and conditions. If you purchase services through Rooster Tours Pty Ltd, there may be additional terms and conditions relating to the services via a personalised service agreement as agreed and signed by all parties. Please make sure you agree with these terms and conditions, which you will be directed to read prior to the provision of services by Rooster Tours Pty Ltd.
Definitions
Report means any written documents, letters, reports or emails prepared and provided by Rooster Tours Pty Ltd.
Services / Supports means the services offered and provided by Rooster Tours Pty Ltd as shown on the website, or any other service agreements as signed and agreed.
Website means the website: www.roostertours.com.au
We / Us means Rooster Tours Pty Ltd and any subsidiaries, affiliates, employees, officers, agents or assigns.
NDIS means National Disability Insurance Scheme pursuant the NDIS Act 2013.
Provider means any subsidiaries, affiliates, employees, officers, agents or assigns operating under the NDIS.
Participant means a person who meets the NDIS access requirements.
Accuracy of Content
We have taken proper care and precautions to ensure that the information we provide on this Report, Services and Website is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Report, Services and Website or on any linked site.
The information contained on this Report, Services and Website should not take the place of professional and legal advice.
Use
The Report, Services and Website is made available for your use on your acceptance and compliance with these terms and conditions.
By using this Report, Services and Website, you are agreeing to these terms and conditions.
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You agree that you will use this Report, Services and Website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Report, Services and Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Report, Services and Website.
If you contribute to our forum (if any) or make any public comments on this Report, Services and Website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Report, Services and Website offered, then we may at our discretion, refuse to publish such comments and/or remove them from the Report, Services and Website.
We reserve the right to refuse or terminate service to anyone at any time with prior notice and reason.
Indemnification for loss or damage
You agree to indemnify Us and hold Us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Report, Services and Website or information offered on this Report, Services and Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitor’s fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
We hold the copyright to the content of this Report, Services and Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Report, Services and Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address: info@roostertours.com.au
Trademarks
The trademarks and logos contained on this Report, Services and Website are trademarks of Rooster Tours Pty Ltd. Use of these trademarks is strictly prohibited except with Our prior written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
Limitation of Liability
We take no responsibility for the accuracy of any of the content or statements contained in this Report, Services and Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of Our Services are provided without a warranty with the exception of any warranties provided by law. We are not liable for any damages whatsoever, incurred as a result of or relating to the use of the Report and Website or our Services.
Rooster Tours Pty Ltd holds current Certificate of Currency for Professional Indemnity and Public Liability insurance.
Rooster Tours Pty Ltd holds current Police Checks, Working with Children Checks, Level 2 First Aid & CPR, and are vaccinated for Covid-19.
Information Collection
Use of information you have provided us with, or that we have collected and retained relating to your use of the Report, Services and Website, is governed by our Privacy Policy. By using this Report and Website and the Services associated with this Report and Website, you are agreeing to the Privacy Policy. To request a copy of the Privacy Policy and read more about why we collect personal information from you and how we use that information please contact Rooster Tours Pty Ltd via the contact details below.
Confidentiality
All personal information you give us will be dealt with in a confidential manner in accordance with Our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website and distribution of personal information will be confidential due to the potential ability of third parties to intercept and access such information.
NDIS Services and Supports
Rooster Tours Pty Ltd provides services and supports under the Participant’s National Disability Insurance Scheme (NDIS) plan.
Rooster Tours Pty Ltd agree that Our services and supports are provided for Participants of the NDIS, which is a scheme that aims to:
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support the independence and social and economic participation of people with disability, and
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enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
The services and supports and their prices are set out in the NDIS Pricing Arrangements and Price Limits 2022-2023 (or as amended).
The services and supports provided by Rooster Tours Pty Ltd, may also be subject to personalised services agreements as agreed and signed by all parties including the Participant and Provider, outlining further terms and conditions about how the supports will be delivered.
The services and supports provided by Rooster Tours Pty Ltd adhere and agree to:
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reviewing the provision of supports with the Participant
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once agreed, provide supports that meet the Participant’s needs at the Participant’s preferred times
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communicate openly and honestly in a timely manner
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treat the Participant with courtesy and respect
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consult the Participant on decisions about how supports are provided
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give the Participant information about managing any complaints or disagreements and details of the provider’s cancellation policy (if relevant)
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listen to the Participant’s feedback and resolve problems quickly
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give the Participant a minimum of 24 hours’ notice to change a scheduled appointment to provide supports to Our best ability
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give the Participant the required notice if the Provider needs to end the Service Agreement.
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protect the Participant’s privacy and confidential information and notify the Participant if the disclosure of personal information is required.
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provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law; keep accurate records on the supports provided to the Participant, and
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issue regular invoices and statements of the supports delivered to the Participant.
The Participant, or representative of the Participant, receiving the services and supports provided by Rooster Tours Pty Ltd adhere and agree to:
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inform Us about how they wish the supports to be delivered.
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treat Us with courtesy and respect.
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talk to Us or the Provider if the Participant has any concerns about the supports being provided.
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give the Provider a minimum of 48 hours’ notice if the Participant cannot make a scheduled appointment; and if the notice is not provided by then, the Provider’s cancellation policy will apply (see cancellation policy below).
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give the Provider the required notice if the Participant needs to end the Service Agreement.
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let the Provider know immediately if the Participant’s NDIS plan is suspended or replaced by a new NDIS plan or the Participant stops being a participant in the NDIS.
If the Participant wishes to give the Provider feedback, the Participant can discuss this with Rooster Tours Pty Ltd via the contact details provided below. If the Participant is not satisfied or does not want to talk to this person above, they can contact the NDIS Commission by calling 1800 035 544, visiting one of their offices in person, or visiting ndiscommission.gov.aufor further information.
Cancellation Policy
Where a Participant has a Short Notice Cancellation (or no show), Rooster Tours Pty Ltd are able to claim 100% of the agreed fee associated with the activity from the Participant’s NDIS plan for the arranged time of service including any out-of-pocket expenses incurred by Us for the activity where agreed by the Participant, subject to the NDIS Pricing Arrangements and Price Limits and the terms of the service agreement with the Participant.
A cancellation is a short notice cancellation if the Participant:
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Does not show up for a scheduled support within a reasonable time, or is not present at the agreed place and within a reasonable time when the Provider is travelling to deliver the support; or
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Has given less than seven (7) clear days’ notice for a support.
These charges are required to cover income and resourcing costs incurred by Rooster Tours Pty Ltd as a result of the short notice cancellation and associated limitations to make other arrangements and adhere to activity commitments that may have already been made.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria. We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
End of terms and conditions.