Terms of Service

1. Who we are and what these terms are

These Terms are an agreement between you and Seek4 Pty Ltd (ACN 611 878 838) as trustee for the Seek4 Trust (ABN 97 185 046 898), trading as iTakeCare. In these Terms, 'TakeCare', 'we', 'us' and 'our' mean that trustee, and 'TakeCare' is also the name of our software.

These terms are the agreement between us and you when you use TakeCare: the website at itakecare.com.au, the TakeCare web app, the Android Companion app, TakeCare Cards, Ask Tess, and our assistant connectors (together, "TakeCare").

"You" means the person signing up. If you sign up for a business, "you" also means that business, and you promise you have authority to accept these terms for it. If you use TakeCare as an individual, for example as a family member or guardian invited by a business, these terms apply to you too, and nothing in them reduces the consumer protections you have by law.

Our Privacy Policy (itakecare.com.au/privacy) explains how we handle personal information. It is a separate document and is not part of this agreement. The promises we make to businesses about their data are in section 7.

You agree to these terms by ticking the box to accept them when you create an account. We keep a record of the version you accepted and when. If for any reason you have not ticked the box, using TakeCare means you agree to these terms. If we change these terms later, section 17 explains how that works.

2. What TakeCare is, and what it is not

TakeCare is software for NDIS support providers, support coordinators and other care providers, including aged-care providers, their teams, and the families, guardians and nominees they invite. It helps with things like clients, jobs and schedules, shift notes, tasks, chat, handovers, coordination records, invoices and accounting exports, and it includes an NDIS support catalogue. Our invoice rules and support catalogue are built around the NDIS. If you use TakeCare for aged-care or other clients, you must check the rules of the program that funds them.

TakeCare is not:

• an NDIS provider, a plan manager or a support coordinator. We do not deliver supports.
• a source of NDIS, legal, financial, tax or clinical advice. NDIS rules, price limits and support item numbers change. You are responsible for checking them with the NDIA, the NDIS Commission or a qualified adviser. The NDIS catalogue and price information in TakeCare are based on NDIA publications and may not be the latest. Compliance prompts and checks in TakeCare are aids only. They are not a review or a certification.
• an emergency service. Do not use TakeCare to raise an emergency. Call 000.
• a replacement for your own record-keeping duties. NDIS and tax rules often require businesses to keep records for 5 to 7 years. Export what you need (see section 7).

3. Who can use TakeCare

You must be 18 or older, and able to enter a contract. TakeCare accounts and Cards are for adults.

You need to give accurate details and keep them up to date.

Each person who uses TakeCare needs their own login. Do not share your login or let anyone else use it, including people in your own business. To give someone else access, add them to your team. The limits for each plan are shown on the pricing page.

Businesses decide who joins their team and the role each person has: Owner, coordinator, worker or billing only. Those roles control what each person can see. Families, guardians and nominees can only join when a business invites them.

4. Your account

You are responsible for what happens under your account, including actions by people you add and by an assistant you connect (see section 9).

Keep your sign-in details safe. Tell us promptly at support@seek4.com.au if you think your account has been accessed without permission.

The business that owns a workspace controls it. We may remove a person from a business at the request of the business's Owner, or if that person breaks these terms. If you are removed from a business, you lose access to that business's data.

If a business has more than one Owner, any Owner can act for the business. If Owners disagree, we may act on the instructions of any Owner, and we may pause changes to ownership or access until the Owners agree in writing or a court orders otherwise. We do not decide disputes between Owners.

5. Plans, trials and payment

Plans. TakeCare offers a Free plan and, when they are available, paid plans. What each plan includes, its limits and the current prices are shown on our pricing page at itakecare.com.au/pricing, which forms part of these terms. The prices and plan inclusions shown when you start or renew a plan are the ones that apply to you for that period. We change them only as set out in this section and in section 12.

Prices and GST. Prices are in Australian dollars and include GST. We will give you a tax invoice for each payment.

Trials. We may offer a free trial of paid features, for the length and with the limits shown on the pricing page when you start. You do not need a card for a trial, and nothing is charged automatically when it ends. When a trial ends, your business moves to the Free plan unless you have chosen a paid plan, and your data stays.

Paying. When paid plans are available, they are billed in advance, monthly or yearly as you choose, through our payment provider, Stripe. Paid plans renew automatically at the end of each period until you cancel. If a payment fails, Stripe will try again. If the payment still cannot be collected, your business moves to the Free plan. Card details are handled by Stripe, not stored by us.

Cancelling. You can cancel a paid plan at any time, through billing in Settings or by contacting us (see section 19). We will confirm your cancellation by email. Cancelling takes effect at the end of your current paid period, and you will not be charged again. When a paid plan ends, your business moves to the Free plan. Your jobs, notes, invoices and clients stay, but Free limits apply. We do not delete your data because a plan ended.

Refunds. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those rights. Apart from those rights, we do not give refunds for a change of mind or for part of a period you have already paid for. We will refund the unused part of any prepaid fees if:

• we close your account or stop offering TakeCare, other than because you broke these terms; or
• you cancel, before it applies to you, because of a price increase, the removal of a paid feature or a change to these terms that you do not accept.

Price changes. We may change our prices. We will give you at least 30 days' notice by email or in the app before a price increase applies to you. For yearly plans, a new price applies from your next renewal. You can cancel before the increase applies.

Early access. Some businesses were invited to use TakeCare early. Early access is provided as it was described to the business when it was invited. There are no separate early access terms. When early access ends we will tell the business in advance. Nothing is charged unless the business chooses a paid plan. Otherwise it moves to the Free plan, and its jobs, notes, invoices and clients stay.

Arrangements with a particular business. We may agree a different arrangement with a particular business, such as a grace period. That arrangement applies as agreed in writing. Otherwise these terms apply.

6. Acceptable use

You agree not to:

• break the law, including privacy, anti-discrimination and NDIS laws, using TakeCare.
• put in information you have no right to record, or use participant information for a purpose other than supporting that participant.
• invoice for supports that were not delivered, or use TakeCare to create false or misleading invoices or records.
• try to get into accounts, businesses or data that are not yours, or test our security without our written permission.
• upload malware, scrape the service, overload it, or reverse-engineer it, except where the law allows.
• send spam, or use TakeCare Cards or contact tools to harass anyone.
• make a TakeCare Card with false details, or a photo of someone else or showing a participant.
• claim a check, registration or screening you do not hold.
• resell, sublicense or rent TakeCare, or copy its features or content to build a competing product.

We may suspend or remove content or accounts that break these rules, or where we reasonably believe there is a safety or security risk. Where practical we will tell you why. If we reasonably suspect fraud, we may suspend an account and keep relevant records, and we may share information with the NDIA, the NDIS Commission or police where the law requires or allows it (see our Privacy Policy).

7. Your data and who is responsible for it

Your content is yours. You (or your business) own the information you put into TakeCare, including client records, notes, jobs and invoices.

We act for the business. For client and participant records, the business decides what it records and who on its team can see it, and is responsible for it under privacy law. We hold that information on the business's behalf.

Your responsibilities as a business. Make sure you have the consent, authority and lawful basis to record client and participant information, including for children and for people with a guardian or nominee. Tell your clients how you handle their information. Only add team members who should have access.

Licence to us. You give us the right to host, process, back up and display your content only as needed to run TakeCare for you, and to do the things described in the Privacy Policy.

Exports. On every plan, including Free, you can download invoices as PDFs and export your client list as a CSV file. Exporting invoice data as a CSV file or for accounting software needs a paid plan or an active trial.

Closing your account. When an account is closed we delete or de-identify its personal information within 90 days unless the law requires us to keep it. See the Privacy Policy section 14. Export what you need first.

How we handle your business's data. For the information your business puts into TakeCare:

• We use it only to provide TakeCare, as your business directs, and as described in the Privacy Policy.
• We keep it confidential and protect it with reasonable security measures.
• We use the types of service providers listed in the Privacy Policy. Some of them are based overseas, so some information may be processed outside Australia.
• We do not sell it, use it for advertising, or use it to train AI models.
• If we become aware of a suspected data breach affecting your business's data, we will tell your business without undue delay. We will help it assess the breach and give any notices needed under the Notifiable Data Breaches scheme.
• We will help your business respond to requests from people to access or correct their information.
• When your account closes, you can export your data first, and we then delete or de-identify it as set out above.

8. Ask Tess and AI features

Ask Tess is the assistant inside TakeCare. It can answer questions, and (on plans and trials that include it) prepare changes such as a job, note, task, draft invoice or unpaid-invoice reminder. Nothing is saved or sent until you have seen a preview and confirmed it. Tess does not send the first invoice email for you. The limits for each plan are shown on the pricing page.

AI can be wrong. It can misread a photo, miss a detail or write something inaccurate. You are responsible for checking anything AI produces before you save, send, invoice or rely on it. This includes invoice amounts, support item numbers, dates, and clinical or shift-note wording.

AI features are a convenience, not professional advice.

To run AI features we send only what is needed for the request to AI service providers, as described in the Privacy Policy sections 4 and 10.

We may set reasonable limits on AI use to prevent misuse or excessive cost. We will show any limit in the app. We may change, limit or remove AI features, including by plan (see section 12).

9. Connecting your own assistant

You can connect an assistant you already use (such as Claude or Grok Bot) through our connector. You sign in on TakeCare's own page and choose Approve. The assistant does not get your TakeCare password. A guardian can also connect an assistant to see what they can already see in TakeCare. This section applies to them too.

You choose the assistant and you authorise it. Anything the assistant does through that authorisation is treated as done by you.

The assistant can reach only what your TakeCare role allows. Bank details, email addresses and invoice PDFs are left out of its answers.

Saves from a connected assistant are off until a business turns on "Allow assistant saves". Every save shows a preview and needs your confirmation. Emailing an invoice needs a second confirmation. You can also make a connection read-only, use private mode, and see an activity log in Settings, under Connected assistants. These safeguards help, but they do not replace your own judgement.

Once connected, what the assistant reads goes to that assistant's provider under your agreement with them, not ours. For a business, that is the business's own disclosure of the information, including if the provider is overseas. You are responsible for choosing an assistant that suits the client information your business holds, and for what you ask it to do. We are not responsible for another company's assistant, its answers or its handling of data.

We may suspend or revoke a connection for security reasons or misuse, and we may change or withdraw the connector.

You can disconnect at any time in the assistant, or ask us to remove the connection.

10. TakeCare Cards

If you make a TakeCare Card (a public profile page at itakecare.com.au/p/your-name):

• you must be 18 or older, and the details must be true and yours to publish.
• you confirm any photo is of you and shows no participants.
• what you publish is public. You can edit, hide or delete your Card at any time. Anyone who already saved or shared your Card image may keep a copy.
• visitors can report a Card. We may hide or remove a Card that breaks these terms, and a Card is hidden automatically after reports from three different people.
• checks shown on a Card are as stated by the Card owner. We do not check qualifications, registrations or NDIS worker screening. A Card is not an endorsement or a verification.

11. Team members, workers and guardians

A business is responsible for its workers, guardians, nominees and anyone else it invites, and for the roles and access it gives them.

If you are invited by a business as a worker or guardian, the business controls your access to its data.

We are not responsible for disputes between a business and its team, clients or families.

12. Service availability and changes

We aim to keep TakeCare available, but we do not promise it will be uninterrupted or error-free. There will be planned maintenance and unplanned outages. We will try to schedule planned maintenance outside business hours (Brisbane time) where practical.

We may change, add or retire features, and fix and improve TakeCare, at any time without notice. If a change removes a feature that a paid plan includes, or reduces the limits of a paid plan or the Free plan, we will give you at least 30 days' notice by email or in the app, and you can cancel before it applies (see Refunds in section 5). We may make a change sooner where it is needed for legal, security or safety reasons.

Third-party services we rely on (hosting, email delivery, payments, AI services, security and spam protection, and app alerts) may fail or change.

Emails, invoices and notifications sent through TakeCare may be delayed or blocked by recipients' systems. The invoice delivery status in TakeCare is a guide, not proof of receipt.

We do not promise that your data will never be lost. You can download your invoices as PDFs and export your client list (see section 7). Keep your own copy of anything critical.

13. Invoices and funding rules are your responsibility

TakeCare helps you prepare and send invoices. Your business provides the supports and makes each claim or invoice. You are responsible for the accuracy of every invoice and for compliance with the NDIS Pricing Arrangements and Price Limits, the NDIS Act, the NDIS Practice Standards and, where relevant, the rules of any other funding program (such as aged care), as well as tax law and your agreements with your clients. In particular:

• check support item numbers and prices against the current NDIS Pricing Arrangements and Price Limits, or the rules of the program that funds the client.
• TakeCare calculates amounts from the information you enter.
• you are responsible for GST treatment, claim timing, service agreements and record keeping.

This section does not apply to the extent a loss is caused by our failure to provide TakeCare with due care and skill.

14. Our intellectual property

TakeCare, its software, design, text and branding belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use TakeCare under these terms while your account is open. This right ends when your account closes. You may not copy or resell it. Some parts of TakeCare are open-source software, which is covered by its own licences. If you give us feedback, we can use it without owing you anything.

15. Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified.

Where TakeCare is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited, where the law allows, to supplying the services again or paying the cost of having them supplied again.

Subject to the points above, our total liability to you in connection with TakeCare in any 12-month period is limited to the greater of the fees you paid us in the previous 12 months and A$500.

Neither of us is liable to the other for loss of profit, revenue, goodwill or opportunity. This does not limit the cover you give us in the last point of this section.

We are not liable for loss caused by your reliance on AI output you did not check, your own NDIS, tax or legal non-compliance, or third-party services outside our reasonable control. We are not liable for loss of data, except where it is caused by our failure to take reasonable care.

The limits in this section do not apply to fraud, wilful misconduct, personal injury, or anything the law does not allow to be limited.

You agree to cover us for claims made against us by third parties (including participants, families and regulators) that arise from your unlawful use of TakeCare, false or misleading invoices you create, or information you put in without the right to do so. This is reduced to the extent we caused or contributed to the loss. It does not cover an ordinary breach of these terms.

16. Suspension and termination

You can stop using TakeCare at any time. To close your account, contact us (see section 19) and we will close it and confirm by email.

We may close your account without any fault on your part by giving you at least 30 days' notice by email or in the app. You can export your data during that time. If we stop offering TakeCare altogether, we will give you at least 60 days' notice.

We may suspend or close an account immediately if you seriously or repeatedly break these terms, if we reasonably suspect fraud, if there is a security risk, or if the law requires it. Where the law allows, we will still let you export your data afterwards.

If you do not pay for a paid plan, your business moves to the Free plan, as set out in section 5.

On closing, sections that by nature should continue will continue (including 7, 13, 14, 15 and 18).

What happens to your data on closing is covered in section 7 and the Privacy Policy section 14.

17. Changes to these terms

We may change these terms for legitimate reasons, such as a change in the law, security, new or changed features, or reasonable business needs. If a change makes things materially worse for you, we will tell you at least 30 days before it applies, by email or in the app. We may make such a change sooner, or straight away, where it is needed for legal, security or safety reasons. Changes that benefit you or do not affect you, such as corrections and clarifications, can apply when we post them. We will update the "Last updated" date each time. If you keep using TakeCare after the date a change applies, you accept the updated terms. If you do not agree to a change, you can close your account before it applies, and we will refund the unused part of any prepaid fees (see section 5).

18. Governing law and disputes

These terms are governed by the laws of Queensland, Australia. We and you submit to the non-exclusive jurisdiction of the courts of Queensland, the federal courts sitting in Queensland, and the courts that hear appeals from them.

If you have a dispute with us, tell us in writing (see section 19). We will both try in good faith to resolve it within 20 business days. After that, either of us can take it to a court or tribunal. This does not stop either of us from seeking urgent orders from a court, or you from complaining to a regulator such as the OAIC, the ACCC, the Queensland Office of Fair Trading or the NDIS Commission.

19. Contact

Contact form (preferred): https://itakecare.com.au/contact

Email: support@seek4.com.au

Seek4 Pty Ltd (ACN 611 878 838) as trustee for the Seek4 Trust (ABN 97 185 046 898), trading as iTakeCare

20. General

Whole agreement. The agreement between us is made up of these terms, the pricing page details that applied when you started or renewed your plan, and any written arrangement we have agreed with your business (see section 5). If they conflict, the written arrangement applies first, then these terms, then the pricing page. The Privacy Policy is referred to in these terms but is not part of the agreement.

If a clause fails. If part of these terms cannot be enforced, it is read down as far as needed to make it enforceable. If it still cannot be enforced, it is removed, and the rest still applies.

No waiver. If we do not enforce a right straight away, we have not given it up.

Assignment. We may transfer our rights and obligations under these terms to a buyer or successor of our business. We will tell you before this happens, and you can close your account if you object. You cannot transfer yours without our consent.

Events outside our control. We are not responsible for a delay or failure caused by events outside our reasonable control, such as a natural disaster, a major internet or power outage, or the failure of a service provider.

Notices and electronic records. We can give you notice by email to your account address or in the app. Notices, records and acceptances made electronically are valid, as allowed by the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions (Queensland) Act 2001.

Service and marketing emails. We send service emails about your account, such as invoices, security notices and changes to these terms, as part of providing TakeCare. We send marketing emails only if you have agreed to receive them, and every marketing email has an unsubscribe link.