1. About the Website

(a) Welcome to www.10dayfca.com.au (Website). The Website is FunctionalCapacity Assessments (Services) The website’s primary function is to assist with providing telehealth Functional Capacity Assessments.

(b) The Website is operated by 10DayFCA Pty Ltd (ACN 686 551 557). Access to and use of the Website, or any of its associated Products or Services, is provided by 10DayFCA Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the services immediately.

(c) 10DayFCA Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 10DayFCA Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

(i) Our Services

At 10dayFCA, we provide Functional Capacity Assessments (FCA) for NDIS participants via telehealth. These assessments are designed to evaluate a participant’s abilities and needs to support their NDIS planning and funding decisions.

(ii) Use of Subcontractors

To ensure the highest quality of service, we engage qualified subcontractors, including Occupational Therapists, to conduct the assessments. These subcontractors are carefully selected based on their expertise and experience in providing functional capacity assessments.

(iii) Our Responsibility

10dayFCA takes full responsibility for the work provided, ensuring that all assessments, whether conducted by our in-house staff or subcontractors, meet the required professional standards and comply with NDIS Practice Standards. We are committed to delivering services that are tailored to the individual needs of each participant and ensuring that the process is smooth, confidential, and

respectful of privacy.

(iv) Coordination and Communication

We will use the information you provide to contact the participant, their family member, support coordinator, or any other relevant person responsible for organizing the assessment. This ensures that all involved parties are kept informed and can work together to ensure the successful delivery of the FCA.

(v) Privacy and Confidentiality

10dayFCA is committed to protecting your privacy. All personal and sensitive information is handled in accordance with the Privacy Act and relevant confidentiality standards. We will only use this information for the purpose of coordinating and delivering the FCA services, and we will not share it with third parties without your consent unless required by law.

3. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by 10DayFCA Pty Ltd in the user interface.

4. Registration to use the Intake Form

• In order to access the Intake Form, you must first use the link on the website to access the 10DayFCA splose form link.
• As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  • Email address
  • Mailing address
  • Telephone number
  • NDIS related information for the Intake Form and assessment
  • Further personal information
• You warrant that any information you give to 10DayFCA Pty Ltd in the course of completing the intake form process will always be accurate, correct and up to date.

• You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with 10DayFCA Pty Ltd; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

5. Your obligations as a User

(a) As a user, you agree to comply with the following:

(i) you will use the Services only for purposes that are permitted by:

• the Terms; and
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of 10DayFCA Pty Ltd;

• you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

6. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of 10DayFCA Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by 10DayFCA Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by 10DayFCA Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the Website pursuant to the Terms;

(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(iii) print pages from the Website for your own personal and non-commercial use.

10DayFCA Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by 10DayFCA Pty Ltd.

(c) 10DayFCA Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of 10DayFCA Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

7. Privacy

10DayFCA Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to 10DayFCA Pty Ltd’s Privacy Policy, which is available on the Website.

8. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(c) 10DayFCA Pty Ltd will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable as a direct result of our failure to comply with an applicable Consumer Guarantee), including but not limited to:

(i) loss of NDIS funding, services, or support;

(ii) loss of income, business, contracts, or professional opportunities;

(iii) reputational damage;

(iv) loss, corruption or delay of data or client records;

(v) emotional distress or psychological harm arising from assessment outcomes or delays; or

(vi) claims by third parties relying on the Services or any associated reports,

arising out of or in connection with the provision of the Services or these Terms (including as a result of being unable to use the Services or delays in service delivery), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute, or otherwise.

(d) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of 10DayFCA Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of

10DayFCA Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(iii) costs incurred as a result of you using the Website, the Services or any of the products of 10DayFCA Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your convenience.

(e) Use of Subcontractors

By using 10dayFCA’s services, you acknowledge and agree that 10dayFCA may engage subcontractors, including Occupational Therapists, to provide specific services. These subcontractors are independent contractors and not employees of 10dayFCA. While

10dayFCA is responsible for ensuring that subcontractors meet the required professional standards, you understand that the delivery of services may be carried out by these subcontractors.

(f) Obligations of the User

As a user of 10dayFCA’s services, you agree to understand and appreciate that our subcontractors will be involved in the provision of services. This may include telehealth consultations and assessments, where the relevant subcontractor will be selected based on their expertise and availability.

(g) Confidentiality and Data Protection

10dayFCA ensures that all subcontractors adhere to the relevant confidentiality agreements and privacy regulations as per the NDIS Code of Conduct and Privacy Act. Any data shared with subcontractors for the purpose of service delivery will be handled with the same degree of confidentiality and care as outlined in our Privacy Policy.

(h) Use of Subcontractors

10dayFCA engages qualified Occupational Therapists as independent subcontractors to deliver services under its NDIS telehealth model. These contractors are not employees of 10dayFCA but work under contractual arrangements that ensure compliance with the NDIS Practice Standards and relevant professional obligations.

9. Limitation of liability

• 10DayFCA Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
• You expressly understand and agree that 10DayFCA Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
• 10DayFCA Maintains the following insurance coverage to ensure compliance with the NDIS Practice Standards and to mitigate risk in the delivery of allied health services:
• Professional Indemnity Insurance with a minimum coverage of $2 million per claim, to protect against legal liability arising from professional advice or services provided.
  • Public Liability Insurance with a minimum coverage of $10 million per occurrence, to cover personal injury or property damage to third parties.
    • Cyber Liability Insurance with a minimum coverage of $250,000, to safeguard against risks associated with data breaches, privacy violations, and system intrusions, particularly relevant for telehealth delivery.

This insurance is reviewed annually and updated as necessary to reflect the scope and risk of services provided. Evidence of coverage is available upon request

10. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of

10DayFCA Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, 10DayFCA Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

11. Indemnity

You agree to indemnify 10DayFCA Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of the Terms.

12. Dispute Resolution

12.1 Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any

Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

12.2 Notice:

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

12.3 Resolution:

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

• Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Melbourne, Australia.

12.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

12.5 Termination of Mediation:

If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

13. Venue and Jurisdiction

The Services offered by 10DayFCA Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive

venue for resolving any dispute shall be in the courts of Victoria, Australia.

14. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

15. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

16. Use of Information

• How We Use Your Information

The personal information you provide in this intake form will be used by 10dayFCA to coordinate and deliver the Functional Capacity Assessment (FCA) services. Specifically, we will use the information to:

Contact the recipient directly regarding the assessment, including scheduling and follow-up communications.

Reach out to the recipient’s family member, support coordinator, or relevant third party (such as the person organizing the assessment) to discuss details related to the FCA, ensure proper coordination, and provide any necessary updates.

(ii) By submitting this form, you consent to 10dayFCA using the provided information for these purposes. We will only contact the relevant individuals who are directly involved in the planning and execution of the Functional Capacity Assessment.

(iii) Confidentiality and Privacy

10dayFCA takes your privacy seriously. Any information shared will be handled in accordance with the Privacy Act and kept confidential. We will not use your information for purposes other than the provision of the FCA service unless otherwise agreed or required by law.