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LanternPay NDIS Participant Service Agreement

The Service Agreement (of which these terms and conditions, the Policies and the LanternPay User Agreement form part) is made for the purposes of Lantern managing the funding of Supports under the Participant’s Plan. The terms and conditions in this LanternPay NDIS Participant Service Agreement prevail over the LanternPay User Agreement and the Policies to the extent of any inconsistency.

In consideration of the NDIS paying Lantern the Fees and subject to the terms of the Service Agreement:

(a)     Lantern agrees to (i) provide to the Participant access to LanternPay; and (ii) to manage the funding of Supports under the Participant’s Plan by way of LanternPay in accordance with the Participant’s Plan Management Request (which, for the avoidance of doubt, includes claiming payment from the NDIS and making payments to Providers but does not include liaising with Providers to arrange the provision of any particular Support); and

(b)     Lantern hereby grants to the Participant the right to access and use LanternPay in accordance with the Service Agreement.

    REPRESENTATIVE

    If the Service Agreement is made by a Participant’s guardian, attorney, nominee or other representative (Representative), the Representative represents and warrants to Lantern that it has full power and authority to enter into the Service Agreement on behalf of the Participant.

    REPRESENTATIONS AND WARRANTIES

    The Participant represents and warrants to Lantern at all times when using LanternPay that:

    (a)     (Participant) it is a Participant (as that term is defined in the NDIS Act) in the NDIS;

    (b)     (Plan Management Request) it has appointed Lantern to manage the funding of Supports under the Participant’s Plan as specified in the Plan Management Request;

    (c)     (Transactions)

    1. any Transactions entered into LanternPay, any Transactions authorised, accepted or otherwise approved in LanternPay and any claims for the reimbursement of Supports entered into LanternPay are for Supports which are entitled to be funded under the NDIS and which have been provided in accordance with the NDIS Act, the NDIS Rules, the NDIS Framework and all relevant Agency Guidelines; and
    2. the particulars of any Transactions entered into LanternPay, any Transactions authorised, accepted or otherwise approved in LanternPay and any claims for the reimbursement of Supports entered into LanternPay are true and correct; and(d) (no representations) except as expressly set forth herein, no representations of any kind or character have been made to induce it to execute and enter into the Service Agreement.

      UNDERTAKINGS

      The Participant undertakes to Lantern to:

      (a)     (notification) notify Lantern promptly if the Participant’s Plan or the relevant Plan Management Request is suspended, amended or replaced or the Participant stops being a Participant (as that term is defined in the NDIS Act) in the NDIS;

      (b)     (regularly check records) regularly check the records made available by Lantern online through LanternPay in relation to Supports which have been funded under the Participant’s Plan and promptly notify Lantern of any errors or unauthorised transactions;

      (c)     (Lantern sole manager of specified Supports) not, at any time during the term of the Service Agreement, subject to the Termination clause set out below, appoint anyone else to manage the funding of Supports under the Participant’s Plan in respect of which the Participant has appointed Lantern; and

      (d)     (NDIS Amounts) not, at any time during the term of the Service Agreement, seek payment or allow or direct any third party to seek payment of NDIS Amounts from the Agency in relation to Supports in respect of which the Participant has appointed Lantern to manage the funding.

        Lantern undertakes to the Participant to:

        (a)     (communication) communicate openly and honestly in a timely manner;

        (b)     (respect) treat the Participant with courtesy and respect;

        (c)     (feedback) listen to the Participant’s feedback and resolve problems quickly and in accordance with the NDIS Framework where relevant; and

        (d)     (privacy) protect the Participant’s privacy and confidential information in accordance with the terms of this Participant Service Agreement.

          GOOD AND SERVICES

          The Participant acknowledges that sole responsibility for the goods or services (including quality, suitability, fitness, merchantability, correspondence with any description or sample and accuracy for any purpose) which are paid for using LanternPay lies with the Provider.

          NDIS

          The Participant hereby authorises Lantern to communicate with the Agency on the Participant’s behalf in relation to matters associated with managing the funding of Supports under the Participant’s Plan.

          USE OF YOUR PERSONAL INFORMATION

          Lantern collects and uses your personal information in order to provide LanternPay (including establishing and administering your account, communicating with Providers and informing you of available goods and/or services) and will maintain electronic or other records for each Participant's account. These records will contain the name and contact details of the Participant, other information provided during the Participant’s registration process and details of all transactions. Lantern may exchange your personal information with third parties in the ordinary course of our business, for example with Providers (in order to allow them to provide the goods and/or perform the services), government agencies and service providers to Lantern.  The Participant consents to the use of the Participant's personal information for this purpose and acknowledges that it is the Participant's responsibility to advise Lantern of any changes to the information provided in the Participant's registration (such as contact details).

          Lantern may also use or disclose personal information collected from Participants for any other purpose mentioned in the Lantern Privacy Policy, including notifying Participants of new goods and services available through LanternPay, changes to conditions of use and changes to or discontinuance of services and for direct marketing from Lantern and related market research.  You may request not to receive direct marketing communication from Lantern by sending an email to support@lanternpay.com. 

          You agree that Lantern may collect, use and disclose information associated with your use of LanternPay provided that the information is de-identified, aggregated or otherwise made anonymous and use and disclose that de-identified, aggregated or otherwise anonymous information for any purpose with third parties provided that, in so doing, Lantern does not reveal any personal information.

          By using LanternPay, you consent to Lantern collecting, using and disclosing your personal information in the manner described above.  You should not use LanternPay if you disagree with the personal information collection, use and storage terms above.

          LIMITATION OF LIABILITY

          You agree and acknowledge that:

          (a)     except for those required under any Non-excludable Australian Consumer Law, Lantern make no warranties or representations about LanternPay or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;

          (b)     except for liability for breach of any Non-excludable Australian Consumer Law, Lantern is not liable for any loss or damage arising out of the Participants use of LanternPay;

          (c)     Lantern is not liable if LanternPay is unavailable for any reason;

          (d)     Lantern is not the supplier of goods or services and is not liable for any claims in relation to the goods or services, including their quality, merchantability or fitness for any particular purpose;

          (e)     Lantern is not responsible for any instructions that you provide via LanternPay and is not responsible for detecting any errors in your instructions;

          (f)     Lantern has no control over the quality, safety or legality of any items sold by a Participant; and

          (g)     Lantern is not a party to any dispute between you and a Provider. If you have a dispute with a Provider, you release Lantern (and our officers, directors, agents, related companies, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with the dispute. 

            Lantern will not be liable to you for:

            (a)     any indirect or consequential loss, damage or costs incurred by you; or

            (b)     any loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may be implied into this Agreement except for liability under Non-excludable Australian Consumer Law;

              in each case, including any loss arising out of or in connection with the Lantern Website, LanternPay or this Agreement.

              To the extent permitted by law, where Lantern’s liability is not excluded, Lantern’s liability for a claim arising out of this Agreement or LanternPay is limited to providing LanternPay again.

              If you have an issue, dispute or complaint with us, you may yourself, or through a friend or advocate acting on your behalf, contact us through the contact details available at: https://www.lanternpay.com/contact.

              TERMINATION

              Lantern may terminate the Service Agreement:

              (a)     if the Participant breaches any term of the Service Agreement and does not rectify such breach within 30 days of the breach occurring,

              (b)     promptly upon the occurrence of a breach that is not able to be rectified; and  

              (c)     at any other time by giving 30 days prior written notice; .

                Notwithstanding the terms above in this Termination clause, if the Participant:

                (a)     does not have an alternative option to the Lantern services provided under this Service Agreement or alternative means of fulfilling the Lantern services under this Services Agreement; or

                (b)     is unable to find another provider of the Lantern services provided under this Service Agreement,

                the Participant may notify Lantern (through https://www.lanternpay.com/contact.), and Lantern will work with the Participant to agree any required extension of time to ensure the Participant is able to find an alternative provider.   

                The Participant may terminate the Service Agreement:

                (a)     with immediate effect if Lantern breaches any term of the Service Agreement;

                (b)     at any time by giving 30 days prior written notice.

                  AMENDMENTS

                  Lantern may amend the Service Agreement from time to time by posting a revised version of the Service Agreement to the Lantern Website and sending you an email notification. By continuing to use LanternPay after any amendments to the Service Agreement, you agree to abide and be bound by any such changes. If you do not agree with any changes made to the Service Agreement, you must terminate the Service Agreement by closing your Account and ceasing to use LanternPay.

                  JURISDICTION

                  The Service Agreement is governed by the law in force in New South Wales and the Provider irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them.

                  ASSIGNMENT

                  The Participant may not transfer or assign any of its rights or obligations under the Service Agreement (including by way of declaration of trust or grant of security interest).

                  GLOSSARY

                  In the Service Agreement:

                  Agency” has the meaning given to that term in the NDIS Act;

                  Agency Guidelines” means any guidelines issued by the Agency (including price guides);

                  Claim” means a request for payment in respect of the Supports provided to a Participant;

                  Fees” means payments due to registered plan management providers in respect of the delivery of plan management Supports including payments in respect of financial and service intermediary activities, financial intermediary – set up costs and financial intermediary monthly processing under the Improved Life Choices (Support Category 3.14) or any similar or replacement categories;

                  Lantern” means Lantern Claims Pty Ltd ABN 28 606 978 796;

                  LanternPay” means the service offered by Lantern as described in the Service Agreement including use of the Lantern Website and the LanternPay Apps;

                  LanternPay App” means each of the LanternPay applications for use on a device;

                  LanternPay User Agreement” means agreement described as such between the Participant and Lantern in relation to the use of LanternPay generally;

                  Lantern Privacy Policy” means the Privacy Policy issued by Lantern made available on the Lantern Website (as updated or amended from time to time);

                  Lantern Website” means the Lantern website located at www.lanternpay.com;

                  NDIS” has the meaning given to the term “National Disability Insurance Scheme” in the NDIS Act;

                  NDIS Act” means the National Disability Insurance Scheme Act 2013 (Cth);

                  NDIS Amount” has the meaning given to the term in the NDIS Act;

                  NDIS Framework” means the NDIS Quality and Safeguarding Framework that is a framework under the Australian Department of Social Services, which seeks to provide a nationally consistent approach to high quality supports and safe environments for all NDIS participants.

                  NDIS Rules” means the legislative instruments made under the NDIS Act;

                  Non-excludable Australian Consumer Law” means rights or guarantees you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) or other rights in relation to the supply of Goods or services (such as terms implied into a contract by the Australian Securities and Investments Commission Act 2001 (Cth) or any equivalent State or Territory legislation) that cannot lawfully be excluded;

                  Participant” means the individual in respect of whom Lantern has been appointed to manage the funding of Supports under the Participant’s Plan;

                  Provider” means an individual or entity who has provided Supports to a Participant;

                  Plan” has the meaning given to the term in the NDIS Act;

                  Plan Management Request” has the meaning given to the term in the NDIS Act;

                  Policies” mean the policies applicable to LanternPay (including the Lantern Privacy Policy) made available on the Lantern Website (as updated or amended from time to time);

                  Service Agreement” means the service agreement between the Participant and Lantern including the Participant’s enrolment in LanternPay, the LanternPay User Agreement, the Policies and these terms and conditions;

                  Supports” has the meaning given to that term in the NDIS Act; and

                  Transaction” means the submission of a Claim in respect of the provisions of Supports by a Provider to a Participant by means of LanternPay.