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Terms of Service

Terms of Service

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1. Introduction and Acceptance

These Terms of Service (“Terms”) govern your use of Beyhond (the “Service”), a support coordination and healthcare application for rostering, time tracking, and billing, operated by Felix Group Pty Ltd (ACN 690 393 634) (“Felix Group,” “we,” “our,” or “us”).

By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and Felix Group under Australian law.

2. Service Description

2.1 Beyhond Functionality

Beyhond is a comprehensive support coordination and healthcare management platform that provides:

  • Rostering and Scheduling: Staff scheduling, shift management, and resource allocation
  • Time Tracking: Clock-in/clock-out functionality, timesheet management, and attendance tracking
  • Billing and Invoicing: Automated billing, invoice generation, and payment processing
  • Support Coordination: NDIS plan management, goal tracking, and service coordination
  • Reporting and Analytics: Compliance reporting, financial reporting, and performance analytics
  • Third-Party Integration: Connectivity with Google Workspace and Microsoft 365 services
  • Communication Tools: Messaging, notifications, and documentation management

2.2 Target Users

The Service is designed for:

  • NDIS support coordinators and providers
  • Healthcare professionals and organisations
  • Disability service providers
  • Allied health practitioners
  • Care coordinators and case managers

2.3 Service Availability

While we strive to maintain continuous service availability, we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances.

3. User Accounts and Eligibility

3.1 Account Registration

To use the Service, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into these Terms
  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Be authorised to use the Service on behalf of your organisation (if applicable)

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your login credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorised use
  • Using strong passwords and enabling two-factor authentication where available

3.3 Professional Requirements

If you are a healthcare professional or NDIS provider, you must:

  • Hold valid professional registrations and qualifications
  • Comply with relevant professional standards and codes of conduct
  • Maintain appropriate insurance coverage
  • Ensure compliance with NDIS registration requirements (where applicable)

4. Acceptable Use and User Responsibilities

4.1 Permitted Use

You may use the Service to:

  • Manage support coordination and healthcare services
  • Track time and generate accurate billing records
  • Coordinate care and support for clients/participants
  • Generate reports and documentation as required by law or regulation
  • Communicate with team members and stakeholders

4.2 Prohibited Use

You must not use the Service to:

  • Violate any applicable laws, regulations, or professional standards
  • Submit false, misleading, or fraudulent information
  • Access or attempt to access another user’s account without permission
  • Interfere with or disrupt the Service or its security features
  • Use the Service for any commercial purpose other than its intended healthcare/support function
  • Share access credentials with unauthorised persons
  • Upload malicious software, viruses, or harmful code
  • Engage in harassment, discrimination, or inappropriate behaviour

4.3 Data Accuracy and Professional Responsibility

You acknowledge and agree that:

  • You are solely responsible for the accuracy of all data you enter
  • Time tracking and billing records must be truthful and accurate
  • You will comply with all NDIS and healthcare regulations
  • You will maintain appropriate documentation and record-keeping
  • You are responsible for obtaining necessary consents from clients/participants

4.4 Professional Standards Compliance

You must ensure compliance with:

  • NDIS Code of Conduct and Practice Standards
  • Australian Health Practitioner Regulation Agency (AHPRA) standards (where applicable)
  • Aged Care Quality Standards (where applicable)
  • Disability Service Standards
  • Privacy Act 1988 and Australian Privacy Principles
  • Work Health and Safety legislation

5. Third-Party Service Integration

5.1 Google and Microsoft Services

The Service integrates with Google Workspace and Microsoft 365 services. By using these integrations, you agree to:

  • Comply with Google’s Terms of Service and Microsoft’s Terms of Use
  • Allow the Service to access your email and calendar data as necessary
  • Understand that these integrations are subject to the terms and policies of those providers

5.2 Third-Party Responsibility

We are not responsible for:

  • The availability or performance of third-party services
  • Changes to third-party terms or policies
  • Data loss or security issues originating from third-party services
  • Costs associated with third-party service usage

6. NDIS and Healthcare Compliance

6.1 NDIS Provider Obligations

If you are an NDIS provider, you acknowledge that:

  • You must maintain current NDIS registration
  • You are responsible for compliance with NDIS rules and regulations
  • The Service does not replace your professional judgment or responsibilities
  • You must ensure services are delivered in accordance with participant plans
  • You are responsible for quality and safeguarding requirements

6.2 Healthcare Professional Obligations

Healthcare professionals using the Service must:

  • Maintain current professional registration and competency
  • Follow clinical governance and quality improvement processes
  • Ensure appropriate supervision and delegation
  • Maintain professional indemnity insurance
  • Report incidents and adverse events as required by law

6.3 Billing and Funding Compliance

You agree to:

  • Submit only legitimate and accurate claims for services provided
  • Comply with NDIS pricing arrangements and fee structures
  • Maintain proper documentation supporting all billing claims
  • Not engage in fraudulent or misleading billing practices
  • Cooperate with audits and reviews by relevant authorities

7. Payment Terms and Billing

7.1 Subscription Fees

  • Subscription fees are payable in advance as specified in your chosen plan
  • All fees are in Australian Dollars (AUD) unless otherwise specified
  • Fees are exclusive of GST, which will be added where applicable
  • We reserve the right to change subscription fees with 30 days’ notice

7.2 Payment Methods

  • Payment must be made by credit card, direct debit, or other approved methods
  • You authorise us to charge your payment method for all fees due
  • Failed payments may result in service suspension or termination

7.3 Billing Disputes

  • You must notify us of billing disputes within 30 days of the charge
  • We will investigate disputes in good faith and respond within 10 business days
  • Disputed amounts may be withheld from payment pending resolution

7.4 Service Usage Billing

Some features may incur additional charges based on usage, including:

  • SMS/notification charges
  • Premium integrations
  • Additional storage
  • Advanced reporting features

8. Intellectual Property Rights

8.1 Felix Group Intellectual Property

The Service, including all software, content, trademarks, and intellectual property, is owned by Felix Group or our licensors. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

8.2 User Content

You retain ownership of any content you upload or create using the Service. By using the Service, you grant us a license to use, store, and process your content solely for the purpose of providing the Service.

8.3 Restrictions

You may not:

  • Copy, modify, or reverse engineer the Service
  • Remove or alter any proprietary notices
  • Create derivative works based on the Service
  • Use our trademarks without written permission

9. Privacy and Data Protection

9.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Data Security

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You acknowledge that data transmission over the internet carries inherent risks.

9.3 Data Backup and Recovery

  • We maintain regular backups of Service data
  • You are responsible for maintaining your own copies of critical data
  • We will use reasonable efforts to restore data in case of system failures
  • Data recovery is not guaranteed and may incur additional charges

10. Limitation of Liability and Disclaimers

10.1 Service Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Professional Responsibility Disclaimer

  • The Service is a tool to assist with administrative and coordination tasks
  • You remain solely responsible for all professional decisions and clinical judgments
  • The Service does not provide medical, legal, or professional advice
  • You must exercise independent professional judgment in all circumstances

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY AUSTRALIAN LAW:

  • Our total liability for any claim will not exceed the fees paid by you in the 12 months preceding the claim
  • We will not be liable for indirect, incidental, special, or consequential damages
  • We will not be liable for loss of profits, data, or business opportunities
  • We will not be liable for delays or failures due to circumstances beyond our reasonable control

10.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition implied by the Competition and Consumer Act 2010 (Cth) or other applicable Australian consumer protection laws where such exclusion would be void.

11. Indemnification

You agree to indemnify and hold harmless Felix Group, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or regulation
  • Your professional services or decisions
  • Any negligent or wrongful conduct
  • Disputes with your clients, participants, or third parties

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

  • Providing 30 days’ written notice
  • Paying all outstanding fees
  • Exporting any data you wish to retain

12.2 Termination by Us

We may suspend or terminate your access immediately if:

  • You breach these Terms
  • Your payment is overdue by more than 30 days
  • You engage in fraudulent or illegal activities
  • Your professional registration is suspended or cancelled
  • Continued service would violate applicable law

12.3 Effect of Termination

Upon termination:

  • Your access to the Service will cease
  • We may delete your account and data after 90 days
  • You remain liable for all fees incurred prior to termination
  • Provisions relating to intellectual property, liability, and indemnification survive

13. Dispute Resolution

13.1 Informal Resolution

Before commencing formal proceedings, parties must attempt to resolve disputes through good faith negotiation for at least 30 days.

13.2 Mediation

If informal resolution fails, disputes must be submitted to mediation through:

  • Australian Commercial Disputes Centre (ACDC), or
  • Another mediator agreed to by both parties

13.3 Arbitration

If mediation is unsuccessful, disputes may be resolved through binding arbitration under the Commercial Arbitration Act 2010 (NSW) or equivalent State/Territory legislation.

13.4 Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Any legal proceedings must be commenced in the courts of New South Wales, and you submit to the exclusive jurisdiction of those courts.

14. Force Majeure

We will not be liable for delays or failures in performance due to circumstances beyond our reasonable control, including:

  • Natural disasters or extreme weather events
  • Government actions or regulations
  • Internet or telecommunications failures
  • Cyber attacks or security breaches
  • Global pandemics or health emergencies
  • Industrial disputes or labour shortages

15. Modification of Terms

15.1 Updates to Terms

We may modify these Terms at any time by:

  • Posting updated Terms on our website
  • Providing 30 days’ notice of material changes
  • Notifying you via email or through the Service

15.2 Acceptance of Changes

Continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to changes, you must stop using the Service.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Felix Group regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor entity.

16.5 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, or employment relationship between you and Felix Group.

16.6 Compliance with Laws

You must comply with all applicable local, state, national, and international laws and regulations in your use of the Service.

17. Contact Information

17.1 Felix Group Contact Details

Felix Group Pty Ltd
ABN: [ABN Number]
ACN: [ACN Number]
Email: support@beyhond.com
Phone: +61 [Phone Number]
Address: [Business Address]

17.2 Legal Notices

Legal notices must be sent to: legal@felix.group

17.3 Support and Technical Issues

For Service support: support@beyhond.com

18. Definitions

  • AHPRA: Australian Health Practitioner Regulation Agency
  • Client: An individual receiving services through the Service
  • NDIS: National Disability Insurance Scheme
  • NDIA: National Disability Insurance Agency
  • Participant: An NDIS participant receiving services
  • Provider: An organisation or individual delivering services through the Service
  • Service: The Beyhond application and all related features and functionality
  • Support Coordinator: A person who helps NDIS participants understand and implement their plans
  • User: Any person who accesses or uses the Service