Terms and Conditions

About these terms

These terms and conditions apply to your use of the LOMA Care website at www.lomacare.com.au.

The website provides information about services delivered under the LOMA Care brand by:

• Intrinsic Pathways Pty Ltd, trading as LOMA Care 
• Inclusive Empowerment Co Pty Ltd, trading as LOMA Inclusive

The relevant service agreement will identify which legal entity is responsible for providing a particular service.

In these terms, “LOMA Care”, “we”, “us” and “our” refer to the relevant entity responsible for the website content or service.

By accessing or using this website, you agree to these terms and conditions. If you do not agree, you should stop using the website.

Purpose of the website

The LOMA Care website provides general information about our organisation, disability support services, community programs and employment opportunities.

Information on the website is general in nature. It does not replace advice, assessment or planning based on a person’s individual circumstances.

The website is not a substitute for:

• Medical or health advice 
• Behaviour support advice 
• Legal or financial advice 
• Emergency assistance 
• An individual support plan 
• A LOMA Care service agreement 
• Advice from the NDIA or NDIS Quality and Safeguards Commission 

You should seek appropriate professional advice before relying on information that relates to your individual circumstances.

NDIS information

LOMA Care provides disability supports, including services funded through the National Disability Insurance Scheme.

Information on this website about the NDIS, funding arrangements or support categories is general information only.

Nothing on the website guarantees that:

• A person will be eligible for the NDIS 
• A particular support will be funded 
• LOMA Care will be approved to provide a requested service 
• LOMA Care will have immediate capacity or availability 
• A particular result or outcome will be achieved 

NDIS plans, funding decisions, pricing arrangements and eligibility requirements are determined by the relevant government bodies and may change.

Service enquiries

Submitting an enquiry, referral or contact form does not create a service agreement or require LOMA Care to provide services.

Before services begin, LOMA Care may need to:

• Speak with you or your authorised representative 
• Collect relevant information and consent 
• Assess your support needs 
• Consider safety, risk and compatibility 
• Confirm available staffing and service capacity 
• Confirm funding arrangements 
• Agree on the services to be provided 
• Enter into a separate written service agreement 

LOMA Care may be unable to provide a requested service if we do not have the capacity, resources or expertise to provide the support safely and appropriately.

Service agreements

Services delivered by LOMA Care are governed by a separate service agreement and any related schedules, support plans, policies or consent documents.

If there is an inconsistency between these website terms and a signed service agreement relating to service delivery, the service agreement will apply to the extent of that inconsistency.

These website terms do not replace or amend an existing service agreement.

Emergencies

The website and online enquiry forms are not monitored as emergency communication services.

Do not use the website to report:

• An immediate emergency 
• An urgent medical issue 
• A missing person 
• A serious incident 
• An immediate threat to someone’s safety 

If someone is in immediate danger or requires urgent assistance, call 000.

Existing participants and workers should follow LOMA Care’s established emergency, incident-reporting and after-hours procedures.

Accuracy of information

LOMA Care takes reasonable care to ensure information on the website is accurate and current.

However:

• Information may change without notice 
• Website content may contain occasional errors or omissions 
• Service descriptions may not apply to every person 
• Availability, locations and programs may change 
• NDIS guidance, pricing and funding information may be updated by the relevant authority 

You should contact LOMA Care directly to confirm information before making decisions based on website content.

Acceptable use

You must use the website lawfully and respectfully.

You must not:

• Use the website for an unlawful, fraudulent or harmful purpose 
• Attempt to gain unauthorised access to the website or its systems 
• Introduce viruses, malicious software or harmful material 
• Interfere with the operation or security of the website 
• Attempt to bypass website security 
• Collect information about other users without authority 
• Impersonate another person 
• Submit false or misleading information 
• Copy or extract website content using automated systems without permission 
• Infringe another person’s intellectual property or privacy rights 
• Submit abusive, threatening, discriminatory or defamatory material 

LOMA Care may restrict access where we reasonably believe these terms have been breached.

Information you provide

If you submit information through the website, you are responsible for ensuring it is accurate and that you have authority to provide it.

You must not submit:

• Information you know is false or misleading 
• Another person’s information without appropriate authority 
• Unlawful, abusive or threatening content 
• Malicious files, code or links 
• Material that infringes another person’s rights 

If you provide information about another person, you confirm that you have their permission or another lawful basis to provide it to LOMA Care.

Privacy and cookies

LOMA Care handles personal information in accordance with applicable privacy laws.

Information submitted through the website may be used to:

• Respond to your enquiry 
• Assess a referral or service request 
• Communicate with you 
• Manage recruitment enquiries 
• Provide information about our services 
• Meet legal and regulatory responsibilities 

Please read our Privacy and Cookies Policy for information about how LOMA Care collects, uses, stores and protects personal information and how the website uses cookies.

Intellectual property

Unless otherwise stated, website content is owned by or licensed to LOMA Care. This includes:

• Business names and branding 
• Logos 
• Written content 
• Photographs and images 
• Videos 
• Graphics and designs 
• Forms and downloadable resources 
• Website layout and design 

You may view, download or print website content for personal and non-commercial use.

You must not copy, reproduce, modify, publish, distribute, sell or commercially use website content without written permission from LOMA Care, except where permitted by law.

Third-party links

The website may contain links to websites, resources or services operated by other organisations.

These links are provided for convenience and general information. A link does not necessarily mean LOMA Care endorses the organisation or its services.

LOMA Care does not control external websites and is not responsible for:

• Their content or availability 
• Their privacy or security practices 
• Information, products or services they provide 
• Loss arising from your use of an external website 

You should review the terms and privacy policy of any external website you visit.

Website availability and security

LOMA Care takes reasonable steps to maintain the security and availability of the website.

However, we cannot guarantee that it will always be:

• Available 
• Uninterrupted 
• Secure 
• Free from errors 
• Free from harmful components 

The website may be temporarily unavailable due to maintenance, technical problems, security concerns, system upgrades or events outside our reasonable control.

You are responsible for maintaining appropriate security and virus protection on your device.

Limitation of liability

To the maximum extent permitted by law, LOMA Care is not liable for loss arising solely from:

• Reliance on general website information 
• Temporary website unavailability 
• Errors or omissions not caused by a failure to exercise reasonable care 
• Third-party website content or actions 
• Unauthorised access caused by matters outside our reasonable control 
• A failure to obtain appropriate professional or individual advice 

Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot legally be excluded.

Australian Consumer Law

Where LOMA Care provides services covered by the Australian Consumer Law, those services come with consumer guarantees that cannot be excluded.

These website terms do not limit any rights or remedies available under:

• The Australian Consumer Law 
• The National Disability Insurance Scheme Act 
• The NDIS Rules 
• Other applicable legislation 

Changes to the website

LOMA Care may change, suspend or remove website content or functionality where reasonably necessary.

This may include updates to:

• Services and programs 
• Service locations 
• Contact details 
• Employment opportunities 
• NDIS information 
• Organisational policies 

Changes to these terms

LOMA Care may update these terms when the website, services or legal obligations change.

The current version will be published on the website and will show the date it was last updated.

Updated terms will apply to future use of the website from the date they are published.

Severability

If any part of these terms is found to be invalid or unenforceable, that part will be removed or limited to the minimum extent necessary.

The remaining terms will continue to apply.

Governing law

These terms are governed by the laws of New South Wales, Australia.

Disputes relating to the website or these terms will be subject to the jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them.

Contact us

If you have questions about these terms and conditions, please contact:

LOMA Care
Phone: 02 4948 4470
Email: amie.burns-hamonet@lomacare.com.au
Website: www.lomacare.com.au