Terms & Conditions

Terms & Conditions — Racham Care
Racham Care Australia Pty Ltd | ABN 66 650 221 444
Terms and Conditions — Website Terms of Use and Enquiry Conditions
Effective date: 1 July 2026 | Version 1.0 | Review due: July 2027
Registered NDIS Provider | Mango Hill, Queensland, Australia

We are committed to making our information accessible. If you require these Terms in Easy Read, large print or another accessible format, or require an interpreter, please contact us.

Racham Care Australia Pty Ltd is a registered NDIS provider delivering person-centred disability support services across Queensland. We are committed to safe, respectful and high-quality supports that promote choice, control and independence.

1. Introduction and Acceptance of These Terms

These Terms and Conditions ("Terms") are issued by Racham Care Australia Pty Ltd, trading as Racham Care (ABN 66 650 221 444) ("Racham Care", "we", "us" or "our"), a registered NDIS provider located in Mango Hill, Queensland, Australia.

These Terms govern:

  • your use of our website and any landing pages we operate (together, the "Website");
  • enquiries you make with us, including enquiries submitted through Facebook or Instagram advertisements and lead forms; and
  • your general engagement with our digital content and communications.

By using our Website, submitting an enquiry form, or otherwise engaging with our digital channels, you agree to these Terms. If you do not agree, please do not use the Website or submit an enquiry. These Terms should be read together with our Privacy Policy, which explains how we handle your personal information.

Plain English summary: These Terms explain what you can expect when you visit our website or send us an enquiry, and what we ask of you in return. They are not a service agreement. If you become a participant with Racham Care, your supports will be governed by a separate written Service Agreement that we prepare with you.

2. Definitions

  • Website means any website, webpage or landing page operated by or for Racham Care, including pages linked from our advertisements.
  • Content means all text, images, graphics, logos, videos, documents and other material published on the Website or in our advertising and communications.
  • Enquiry means any request for information or contact you submit to us, including through a Facebook or Instagram lead form, a Website form, email, SMS or phone.
  • Participant means a person receiving, or seeking to receive, supports or services from Racham Care, including NDIS participants.
  • Service Agreement means a written agreement between Racham Care and a participant (or their representative) setting out the supports to be provided, the price, and the terms of service delivery.
  • Australian Consumer Law (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

3. Use of Our Website

You may access and use the Website for lawful, personal and non-commercial purposes, including learning about our services and making an Enquiry. You must not:

  • use the Website in a way that is unlawful, misleading, fraudulent or harmful, or that infringes anyone's rights;
  • submit false, misleading or impersonating information through any form;
  • interfere with the security or proper operation of the Website, or attempt to gain unauthorised access to any system or data;
  • use automated tools (such as bots or scrapers) to collect Content or data from the Website without our written consent; or
  • reproduce, distribute or commercially exploit any Content except as permitted in section 4 or by law.

We may suspend, modify or discontinue the Website (in whole or part) at any time. We take reasonable care to keep the Website available and secure, but we do not guarantee it will be uninterrupted, error-free or free from viruses. You are responsible for maintaining appropriate protections on your own device.

4. Intellectual Property

All Content on the Website — including the Racham Care name, logo, branding, text, images and documents — is owned by or licensed to Racham Care and is protected by copyright and other intellectual property laws of Australia.

You may view, download and print Content for your personal, non-commercial use (for example, to consider our services or share with your family, carer or support coordinator). You must not otherwise reproduce, modify, publish or distribute Content, or use our name or logo, without our prior written consent. Nothing in these Terms transfers any intellectual property rights to you.

Third-party trade marks that may appear on the Website or in our advertising (including Facebook, Instagram, Meta and NDIS marks) belong to their respective owners. Use of the NDIS logo, where displayed, reflects our status as a registered NDIS provider and is used in accordance with NDIS brand guidelines.

5. Information Only — No Professional Advice

Content on the Website and in our advertising is provided for general information only. It does not constitute medical, legal, financial or NDIS planning advice, and it does not take account of your individual circumstances. You should seek advice tailored to your situation — for example, from your doctor, your support coordinator or the NDIA — before making decisions about your supports. Information about the NDIS (including funding rules and eligibility) may change; the NDIA and the NDIS Quality and Safeguards Commission are the authoritative sources.

6. Enquiries Through Facebook Ads and Other Digital Channels

6.1 What submitting an Enquiry means

When you submit an Enquiry — including by completing a Facebook or Instagram lead form in response to one of our advertisements — you:

  • confirm that the information you provide is true, accurate and about you (or that you are authorised to provide it on behalf of the person it concerns, for example as their parent, guardian, nominee or carer);
  • confirm that you are aged 18 or over, or that a parent, guardian or authorised representative is making the Enquiry on your behalf;
  • request and consent to Racham Care (or our authorised agency acting on our behalf) contacting you by phone, SMS or email about your Enquiry and our services, consistent with our Privacy Policy, the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth); and
  • acknowledge that your information will be handled as described in our Privacy Policy, including its initial collection through Meta's platform.

6.2 What submitting an Enquiry does not mean

An Enquiry is not an application, offer or contract for services. Submitting an Enquiry:

  • does not create a Service Agreement or any obligation on you to engage Racham Care;
  • does not guarantee that Racham Care has capacity or is able to deliver supports suitable for your needs; and
  • does not affect your NDIS plan or funding in any way.

6.3 Our use of submitted information

We use the information you submit to respond to your Enquiry, assess whether we can help, and — where you would reasonably expect it or have consented — send you relevant follow-up communications about our services. You can opt out of marketing communications at any time, free of charge, using the unsubscribe link in any email, replying STOP to any SMS, or contacting us directly. Details are in section 7 of our Privacy Policy.

6.4 Third-party platforms

Facebook and Instagram are operated by Meta Platforms, Inc. Your use of those platforms is governed by Meta's own terms and privacy policy, which we do not control. Our advertising and lead forms are provided by Racham Care and are not endorsed, sponsored or administered by Meta. To the extent permitted by law, we are not responsible for the acts or omissions of Meta or any other third-party platform.

7. Engaging Racham Care's Services

If, after your Enquiry, you choose to receive supports from Racham Care:

  • we will prepare a written Service Agreement with you (or your representative) before supports commence, setting out the supports, prices consistent with the NDIS Pricing Arrangements and Price Limits where applicable, cancellation terms, and each party's responsibilities;
  • the Service Agreement will govern the delivery of supports. If there is any inconsistency between these Terms and a Service Agreement, the Service Agreement prevails to the extent of the inconsistency;
  • we will deliver supports in accordance with the NDIS Practice Standards and the NDIS Code of Conduct, respecting your rights, dignity, privacy and choice and control; and
  • you may end your relationship with us in accordance with your Service Agreement, and you are always free to choose or change providers.

8. Your Consumer Rights — Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that services will be provided with due care and skill, be fit for any specified purpose, and be supplied within a reasonable time. Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

9. Disclaimer and Limitation of Liability

Subject to section 8:

  • the Website and its Content are provided on an "as is" and "as available" basis, and we make no warranty that the Content is complete, current or error-free;
  • to the maximum extent permitted by law, Racham Care excludes all liability for any indirect, incidental, special or consequential loss or damage (including loss of data) arising from your use of, or inability to use, the Website or from reliance on its Content;
  • where our liability cannot be excluded but can be limited, our liability is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied; and
  • we are not liable for the content, security or privacy practices of third-party websites or platforms linked to or from the Website, including Meta platforms. Links are provided for convenience and do not imply endorsement.

Nothing in this section limits our obligations under a Service Agreement, the NDIS Code of Conduct, or any law that cannot be excluded.

10. Privacy

We handle personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains what we collect (including through Facebook lead forms), how we use and protect it, overseas disclosures, your rights of access and correction, and how to opt out of marketing or make a complaint. The Privacy Policy is available on our Website and on request, including in accessible formats. By using the Website or submitting an Enquiry, you acknowledge our Privacy Policy.

11. Feedback, Complaints and Dispute Resolution

We welcome feedback and treat complaints as an opportunity to improve. If a dispute arises in connection with these Terms, the Website or an Enquiry:

  • Step 1 — Talk to us: contact us using the details in section 14. We will acknowledge your complaint promptly and aim to respond within 30 days.
  • Step 2 — Escalation: if the matter is not resolved, either party may propose mediation by an independent mediator agreed between the parties (or, failing agreement, appointed by the Resolution Institute), with costs shared equally unless otherwise agreed.
  • Step 3 — External avenues: nothing in these Terms prevents you at any time from contacting the NDIS Quality and Safeguards Commission (1800 035 544, www.ndiscommission.gov.au) about an NDIS provider, the OAIC about a privacy concern, or seeking urgent relief from a court.

Complaints never affect your access to supports, and you may use an advocate or support person at any stage.

12. Changes to These Terms

We may amend these Terms from time to time — for example, to reflect changes in law, our services or our digital channels. The current version, with its effective date, will always be published on our Website. Changes apply from the date of publication and do not apply retrospectively. Your continued use of the Website or submission of an Enquiry after changes are published constitutes acceptance of the amended Terms. Material changes affecting current participants will be communicated directly and, where they affect service delivery, addressed through the Service Agreement process.

13. General

  • Governing law: these Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
  • Severability: if any provision of these Terms is invalid or unenforceable, it is severed, and the remaining provisions continue in full force.
  • No waiver: a failure by us to enforce any provision is not a waiver of our right to enforce it later.
  • Entire terms: these Terms, together with our Privacy Policy and (where applicable) your Service Agreement, set out the entire terms governing your use of the Website and your Enquiries.
  • Assignment: you may not assign your rights under these Terms. We may assign or novate our rights to a related or successor entity, provided your rights are not adversely affected.

14. Contact Us

Racham Care — Contact Details

Racham Care Australia Pty Ltd (trading as Racham Care)

ABN 66 650 221 444

Mango Hill, Queensland, Australia

+61 460 890 965

admin@rachamcare.com.au

Privacy Officer: comms@rachamcare.com.au

www.rachamcare.com.au

If you need these Terms in an alternative format — such as Easy Read, large print, or explained with the help of an interpreter or support person — please ask, and we will arrange it at no cost to you.

14A. Cookies and Website Analytics

Our Website may use cookies, Google Analytics and Meta Pixel to improve performance and measure advertising effectiveness. You may disable cookies in your browser settings.

14B. Website Security

While we implement reasonable security measures, no internet transmission can be guaranteed to be completely secure.

15. Version Control

Effective date of this version: 1 July 2026.

VersionEndorsedEndorseeReason / Section UpdateNext Review
1.0Grace Maswaya (Director)Nyasha MatandaInitial release: website use terms, IP, digital marketing enquiry terms (Facebook lead forms), service engagement, ACL guarantees, limitation of liability, dispute resolution, governing law (QLD), amendment provisions.07/2027