Terms and Conditions
Lama Care
The platform accessible at the Website and its associated application “Lama Care” and related services, websites and tools (together the Platform) is owned and operated by Lama Solutions Group Pty Ltd ABN 27 652 876 125 (Provider). These SaaS Terms and Conditions (Terms and Conditions) govern access to and use of the Platform by you, the individual using the Platform, and any legal entity on whose behalf you are acting (Client).
Please carefully read these Terms and Conditions. By using or accessing the Platform, you agree to be bound by these Terms and Conditions.
If a person is agreeing to these Terms and Conditions on behalf of the Client, the person agreeing on behalf of the Client warrants that it has the irrevocable authority and agreement of the Client to be bound by these Terms and Conditions.
These Terms and Conditions may be updated by the Provider from time to time, and the updated Terms and Conditions will apply from the date they are published on the Platform. Each time the Client uses the Platform they should revisit these Terms and Conditions.
1. ABOUT THESE TERMS
1.1 The LAMA Care platform, its mobile application and related services (Platform) are provided by LAMA Solutions Group Pty Ltd ABN 27 652 876 125 (LAMA Care, we, us, our).
1.2 These Subscription Terms and Conditions (Terms) apply to the organisation that creates an account or subscribes to the Platform (Client, you, your). By creating an account, clicking “I agree” or using the Platform, you agree to these Terms.
1.3 The person accepting these Terms on behalf of the Client warrants that they are authorised to do so.
1.4 If documents conflict, they apply in this order: any written agreement signed by both parties; any Offer Terms that apply to you; these Terms; the End User Licence Agreement; and our Privacy Policy.
1.5 We may update these Terms. We will give you at least 30 days’ notice by email of any change that materially affects you. If you do not agree to the change, you may cancel before it takes effect and no fees will apply to the cancellation. Changes do not apply to a period you have already paid for unless they are required by law.
2. DEFINITIONS
Account: an account on the Platform that allows the Client or an Authorised User to access the Platform.
ACL: the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Authorised User: a person the Client permits to use the Platform, including its staff, contractors and, where the Platform allows, Participants and their representatives.
Business Day: a day other than a Saturday, Sunday or public holiday in Perth, Western Australia.
Client Data: all data, documents and other material entered into or uploaded to the Platform by or for the Client or its Authorised Users.
Fees: the subscription fees and any other amounts payable under these Terms.
Funding Scheme: the National Disability Insurance Scheme, Support at Home and other aged care programs, the Department of Veterans’ Affairs, icare, Insurance Commission of Western Australia, the Transport Accident Commission, and any other scheme under which the Client delivers or claims for services.
Offer Terms: the terms of any trial, promotion or offer published on the Website, including the Free Trial and Complimentary Setup Offer Terms.
Participant: a person receiving supports or services from the Client whose record is held on the Platform.
Plan: the subscription plan selected by the Client, as described on the Website at the time of subscribing.
Privacy Law: the Privacy Act 1988 (Cth), the Australian Privacy Principles and any other law about personal or health information that applies to either party.
Subscription Term: each monthly or annual billing period under the Client’s Plan.
Website: lamacare.com.au and admin.lamacare.com.au.
3. THE PLATFORM
3.1 The Platform is software that helps care providers manage Participants, staff, rostering, case notes, compliance records, invoicing, claiming and payroll information.
3.2 We grant you a non exclusive, non transferable right for your Authorised Users to use the Platform for your internal business purposes during the time your subscription is active.
3.3 The Platform is a tool. You remain responsible for your obligations under each Funding Scheme, the NDIS Practice Standards, the Aged Care Act and any other law that applies to your services, including the accuracy of claims, pay rates, award interpretation and prices. Information and templates in the Platform are general in nature and are not legal, financial, payroll or compliance advice.
3.4 We may improve or change the Platform from time to time. We will not remove a feature that is material to your Plan without giving you at least 30 days’ notice, and if the change materially reduces what you receive, you may cancel without any fee.
4. TRIALS AND OFFERS
4.1 Any free trial, complimentary setup or promotion is governed by the applicable Offer Terms, including whether and how a trial converts to a paid subscription.
4.2 During a trial, these Terms apply except for anything relating to payment of Fees for the trial period.
5. PLANS AND SUBSCRIPTION
5.1 Plans are priced in tiers based on the number of active Participants on your Account, as published on the Website. There is no limit on the number of staff Authorised Users.
5.2 If the number of active Participants on your Account exceeds your tier, your Plan will move to the applicable tier from the start of your next Subscription Term. We will notify you before the new Fee is charged.
5.3 Your subscription renews automatically at the end of each Subscription Term until cancelled under clause 8. You authorise us to charge your nominated payment method for each renewal.
5.4 For annual Plans, we will email you at least 30 days before each renewal with the renewal date and amount.
6. ACCOUNTS AND AUTHORISED USERS
6.1 You must provide accurate information when creating Accounts and keep it up to date.
6.2 You are responsible for keeping login details secure, for setting appropriate access permissions for your Authorised Users, and for the actions of your Authorised Users on the Platform.
6.3 You must ensure each Authorised User agrees to the End User Licence Agreement, and you must notify us promptly at support@lamacare.com.au if you become aware of any unauthorised access to your Account.
7. FEES AND PAYMENT
7.1 Fees are payable in advance for each Subscription Term by the payment method we accept on the Website. All Fees are in Australian dollars and include GST. We will issue a tax invoice for each payment.
7.2 A card processing surcharge may apply, not exceeding our cost of acceptance. Any surcharge will be shown before you pay.
7.3 We may change our Fees by giving you at least 30 days’ notice by email. The new Fees apply from your next Subscription Term after the notice period ends. If you do not accept the change, you may cancel before it takes effect. Fees for an annual Subscription Term already paid will not change during that term.
7.4 If a payment fails, we will notify you and retry the payment. If the amount remains unpaid 14 days after our notice, we may suspend access to the Platform under clause 19.1 until it is paid, and our suspension notice will also be a notice of breach under clause 19.2. If the amount remains unpaid 14 days after the suspension notice, we may terminate these Terms, and clause 12.3 then applies to your Client Data. A suspension on its own will not result in Client Data being deleted.
7.5 If the first payment fails when a trial converts to a paid subscription, access is paused until payment is made. If it remains unpaid, clause 4.3 of the Offer Terms applies.
7.6 If you dispute an invoice in good faith, you must tell us in writing within 30 days of the invoice, and pay any undisputed part. We will work with you to resolve the dispute under clause 23.
8. CANCELLATION
8.1 You may cancel your subscription at any time through your Account settings or by emailing support@lamacare.com.au.
8.2 For monthly Plans, cancellation takes effect at the end of the current Subscription Term. You will not be charged again.
8.3 For annual Plans, cancellation takes effect at the end of the current annual Subscription Term. Fees already paid for that term are not refunded, except where we are at fault or where a refund is required by law.
8.4 No early termination fee or cancellation fee applies.
9. ACCEPTABLE USE
9.1 You must not, and must ensure your Authorised Users do not:
(a) use the Platform unlawfully, or to enter information that is false, misleading or that you are not authorised to hold;
(b) attempt to gain unauthorised access to the Platform or another client’s data, or interfere with its security or operation;
(c) copy, modify, reverse engineer or create derivative works from the Platform, except as permitted by law;
(d) resell, sublicense or provide access to the Platform to anyone other than your Authorised Users; or
(e) introduce viruses or other harmful code.
9.2 Participant records must only be accessed by Authorised Users who need that access to deliver or manage services.
10. CLIENT DATA AND PRIVACY
10.1 You own your Client Data. We only use Client Data to provide, support, secure and improve the Platform, to comply with law, and as otherwise instructed by you.
10.2 You grant us a non exclusive licence, for the period we hold your Client Data, to host, copy, process and transmit it for those purposes, including through our subprocessors.
10.3 We may use Client Data in de identified and aggregated form to improve the Platform and produce sector benchmarks. This data will not identify you, any Participant or any of your staff. We will never sell Client Data.
10.4 Client Data is hosted in Australia. Where you connect third party services such as Xero, or use features that rely on other third party providers, Client Data shared with those services may be stored or processed outside Australia. Our Privacy Policy sets out the countries where this may occur. A current list of our subprocessors is available on request.
10.5 We will comply with Privacy Law in handling Client Data, maintain reasonable technical and organisational security measures, and ensure our staff and subprocessors are bound by confidentiality obligations.
10.6 If we become aware of unauthorised access to or disclosure of Client Data, we will notify you without undue delay and in any event within 72 hours, and work with you on any assessment and notification required under the Notifiable Data Breaches scheme.
10.7 You are responsible for giving any collection notices and obtaining any consents required from Participants, their representatives and your staff for their information to be held on the Platform.
10.8 If either party receives a request from an individual to access or correct their personal information held on the Platform, it will promptly tell the other party and both will cooperate to respond.
11. AI FEATURES
11.1 LAMA Care does not currently use artificial intelligence models. We may introduce features that use AI, including third party AI model providers, to assist with tasks such as drafting progress notes and flagging possible compliance issues. Before we do, we will update our Privacy Policy and notify you by email.
11.2 If we introduce AI features, we will remove or minimise personal identifiers before information is sent to an AI model provider where practicable, and our AI providers will not be permitted to use Client Data to train their models.
11.3 AI outputs will be suggestions only. They will not make decisions about Participants, staff or claims. Your staff must review and approve any AI output before relying on it or saving it to a record.
11.4 AI features will form part of the Platform and cannot be switched off for individual organisations. No AI output will be saved to a record unless an Authorised User has reviewed and approved it.
12. RECORDS, EXPORT AND DELETION
12.1 You may export your Client Data at any time while your subscription is active, using the export tools in the Platform.
12.2 You are responsible for keeping records for the periods required by each Funding Scheme and by law, which for many providers is at least 7 years. The Platform is not a records archive after your subscription ends.
12.3 After your subscription ends, we will keep your Client Data for 30 days so you can export it. During that period you will have read only access to export tools. After that period we will permanently delete your Client Data, including from backups within 90 days, unless we are required by law to keep it.
12.4 If you need help exporting data in a format the Platform does not provide, we will provide reasonable assistance at our standard rates, quoted in advance.
13. THIRD PARTY SERVICES
13.1 The Platform integrates with third party services such as Xero and Stripe. Your use of those services is governed by their terms, and you may need your own account with them.
13.2 You authorise us to exchange Client Data with third party services you choose to connect, to the extent needed for the integration to work.
13.3 We are not responsible for the availability, accuracy or conduct of third party services, but we will take reasonable steps to restore an integration affected by a change on our side.
14. SUPPORT AND AVAILABILITY
14.1 Support is available by email to support@lamacare.com.au during Business Days, together with video tutorials and help resources in the Platform.
14.2 We will use reasonable efforts to keep the Platform available at all times, but we do not guarantee uninterrupted access.
14.3 We will give you at least 2 Business Days’ notice of planned maintenance likely to cause downtime, and schedule it outside business hours where practicable. Urgent maintenance for security or stability may occur without notice.
15. INTELLECTUAL PROPERTY
15.1 We own all intellectual property in the Platform, its software, design and materials, including any improvements. Nothing in these Terms transfers that ownership to you.
15.2 If you give us feedback or suggestions, we may use them to improve the Platform without any obligation to you.
16. CONSUMER GUARANTEES
16.1 Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the ACL that cannot lawfully be excluded.
16.2 Where we are permitted to limit our liability for failing to comply with a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.
17. LIABILITY
17.1 Subject to clause 16, neither party is liable to the other for any indirect or consequential loss, or for loss of profits, revenue or data, arising under or in connection with these Terms.
17.2 Subject to clause 16, each party’s total liability under or in connection with these Terms is limited to the Fees paid or payable by the Client in the 12 months before the event giving rise to the claim.
17.3 The limits in clauses 17.1 and 17.2 do not apply to the Client’s obligation to pay Fees, a party’s breach of clause 10 or clause 20, a party’s fraud or wilful misconduct, or liability that cannot be limited by law.
17.4 A party’s liability is reduced to the extent the other party, or its staff or Authorised Users, caused or contributed to the loss, including through incorrect data entry or failing to review outputs as required by these Terms.
18. INDEMNITIES
18.1 You indemnify us against third party claims arising from Client Data you did not have the right to enter, or from your breach of Privacy Law or clause 9.
18.2 We indemnify you against third party claims that your use of the Platform in accordance with these Terms infringes that third party’s intellectual property rights.
18.3 The indemnified party must promptly notify the other of the claim, allow it to control the defence, and give reasonable assistance.
19. SUSPENSION AND TERMINATION
19.1 We may suspend access to all or part of the Platform if Fees remain unpaid as set out in clause 7.4, if it is reasonably necessary to protect the security or integrity of the Platform, or if we reasonably believe you are using the Platform unlawfully. Except in an emergency, we will give you notice first and restore access as soon as the issue is resolved.
19.2 Either party may terminate these Terms by notice if the other party materially breaches them and does not remedy the breach within 14 days of receiving notice, or suffers an insolvency event.
19.3 We may end your subscription for any reason by giving you at least 90 days’ notice. If we do, we will refund any Fees paid for the period after termination.
19.4 If you terminate because of our breach, we will refund any Fees paid for the period after termination.
19.5 On termination, your right to use the Platform ends, subject to the export period in clause 12.3, and any unpaid Fees for periods before termination become payable.
20. CONFIDENTIALITY
20.1 Each party must keep the other party’s confidential information confidential and only use it for the purposes of these Terms. Client Data is your confidential information.
20.2 A party may disclose confidential information to its staff, advisers and subprocessors who need to know it and are bound by confidentiality obligations, or where required by law, in which case it will notify the other party where lawful to do so.
21. PUBLICITY
21.1 We will only name you as a client, use your logo, or publish a case study about you with your prior written consent, which you may withdraw at any time for future use.
22. FORCE MAJEURE
22.1 Neither party is liable for delay or failure to perform its obligations, other than payment obligations, caused by events beyond its reasonable control. The affected party must notify the other promptly and use reasonable efforts to resume performance.
23. DISPUTES
23.1 If a dispute arises, either party may give the other written notice of it. Senior representatives of each party must try in good faith to resolve it within 20 Business Days of the notice.
23.2 Neither party may start court proceedings until that period has ended, except to seek urgent interim relief.
24. GENERAL
24.1 These Terms are governed by the laws of Western Australia, and each party submits to the non exclusive jurisdiction of its courts.
24.2 We may assign or transfer these Terms to a related entity or to a purchaser of all or part of our business by notice to you, provided your rights under these Terms are not reduced. You may assign these Terms with our consent, which we will not unreasonably withhold.
24.3 Notices may be given by email to the address in your Account or, for us, to support@lamacare.com.au.
24.4 If any part of these Terms is invalid or unenforceable, it is severed and the rest continues to apply.
24.5 A failure or delay in exercising a right is not a waiver of that right.
24.6 These Terms, together with the documents in clause 1.4, are the entire agreement between the parties about their subject matter.
24.7 Clauses 10, 12, 15, 17, 18, 20 and 23, and any other clause that by its nature is intended to survive, survive termination