Terms & Conditions

1.1 Definitions

In these Terms and Conditions:

• “Lotus Care SA” or “we,” “us,” “our” means Lotus Care SA Pty Ltd (ABN 86692510473), a registered NDIS provider
• “Participant” or “you,” “your” means any person receiving disability support services from Lotus Care SA
• “Guardian” or “Representative” means a person with legal authority to make decisions on behalf of a participant
• “Services” means all disability support services provided by Lotus Care SA as outlined in the Service Agreement
• “Service Agreement” means the written agreement between Lotus Care SA and Participant detailing services, costs, and terms
• “NDIS” means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth)
• “NDIS Plan” means the individualized support plan provided to an NDIS participant
• “NDIS Commission” means the NDIS Quality and Safeguards Commission
• “Support Worker” means any staff member employed or contracted by Lotus Care SA to deliver services
• “Website” means www.lotuscaresa.com.au and all related web pages and applications
• “Intellectual Property” means all copyright, trademarks, logos, designs, and other proprietary content
• “ACL” means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth)
• “Privacy Act” means the Privacy Act 1988 (Cth)
• “Code of Conduct” means the NDIS Code of Conduct for service providers

2.1 Binding Agreement

By accessing the Lotus Care SA website, requesting services, or entering into a Service Agreement with Lotus Care SA, you acknowledge and agree to be bound by these Terms and Conditions in their entirety. These terms form a legally binding contract between you and Lotus Care SA.

2.2 Authority

If you are a Guardian or Representative signing on behalf of a Participant, you confirm that: – You have legal authority to make decisions on behalf of the Participant – You have read, understood, and accepted these Terms and Conditions – You will ensure the Participant complies with these Terms – You take full responsibility for the Participant’s obligations under these Terms

2.3 Age & Capacity

If you are under 18 years old or lack legal capacity, a parent, guardian, or authorized representative must execute the Service Agreement on your behalf. By accepting these Terms, that guardian confirms they have capacity and authority to do so.

2.4 Changes to Terms

Lotus Care SA reserves the right to modify these Terms and Conditions at any time. Modified Terms become effective upon posting to the website or notice to you. Continued use of Services constitutes acceptance of modified Terms. We will provide at least 30 days’ notice of material changes.

3.1 Website Accuracy Disclaimer

While Lotus Care SA endeavors to ensure website content is accurate, current, and complete, we make no representations or warranties regarding: – Accuracy, reliability, adequacy, or completeness of website content – Fitness for particular purpose – Non-infringement of third-party rights – Freedom from viruses, malware, or harmful code

Website content may include technical inaccuracies, typographical errors, or omissions. You use the website entirely at your own risk.

3.2 Information Reliance

Information on the website is general in nature. It is your responsibility to: – Contact Lotus Care SA directly to verify accuracy and currency of information – Seek professional advice before relying on website information for decisions – Ensure information is current and relevant to your specific circumstances

3.3 Website Availability

Lotus Care SA does not guarantee: – Uninterrupted website access or functionality – Continuous availability of website or services – Compatibility with all devices or browsers – Freedom from temporary disruptions for maintenance or updates

3.4 Third-Party Links

The website may contain links to third-party websites over which Lotus Care SA has no control. Lotus Care SA is not responsible for: – Availability or accuracy of third-party content – Third-party practices, policies, or conduct – Any loss or damage arising from third-party websites

Your use of third-party websites is at your own risk and subject to those sites’ terms and conditions.

3.5 User Conduct

You agree not to: – Access or use the website unlawfully or for unlawful purposes – Transmit viruses, malware, or harmful code – Engage in harassment, abuse, or threatening conduct – Post offensive, defamatory, or false information – Circumvent security measures or access restricted content – Scrape, crawl, or bulk download website content – Reverse-engineer or disassemble website technology

Breach of this clause may result in legal action and immediate termination of Services.

3.6 Limitation of Liability

To the maximum extent permitted by law, Lotus Care SA is not liable for: – Loss of profit, revenue, or business opportunity – Loss of data, damage to systems, or corrupted files – Indirect, special, consequential, or punitive damages – Any loss arising from website use or reliance on content

Some jurisdictions limit liability waivers. Where applicable, Lotus Care SA’s liability is limited to the amount you paid for Services in the preceding 12 months.

4.1 Service Agreement

A Service Agreement must be executed between Lotus Care SA and Participant (or Guardian) before Services commence. The Service Agreement must clearly specify:

• Services Provided: Detailed description of supports and services to be delivered
• Schedule: Frequency, duration, and timing of services (days, times, hours)
• Costs & Pricing: All fees, charges, rates, and pricing applicable to services
• Payment Terms: Invoice schedule, payment methods, and payment due dates
• Participant Goals: Outcomes and goals the services are designed to achieve
• Responsibilities: Clear delineation of Lotus Care SA’s and Participant’s obligations
• Cancellation Policy: Notice periods, cancellation fees, and termination processes
• Dispute Resolution: Complaint and dispute resolution procedures
• Duration: Service commencement and expected duration
• Modifications: Process for changing services, schedule, or terms
• Confidentiality: Privacy and confidentiality obligations

4.2 NDIS Compliance

All Services are provided in compliance with: – National Disability Insurance Scheme Act 2013 (Cth) – NDIS Rules 2013 – NDIS Code of Conduct for Disability Service Providers – NDIS Practice Standards – NDIS Quality Indicators – Relevant South Australian disability legislation

4.3 Service Delivery

Lotus Care SA commits to: – Deliver Services in accordance with the Service Agreement – Employ suitably qualified and trained Support Workers – Maintain current qualifications, certifications, and registrations – Provide supports with care, skill, and professionalism – Respect the Participant’s dignity, autonomy, and choice – Maintain safe and appropriate practices – Respond to feedback and concerns promptly

4.4 Service Modifications

Lotus Care SA reserves the right to modify Services if: – Required by law or NDIS standards – The Participant’s needs or circumstances change – Safe service delivery is compromised – The Participant no longer has sufficient NDIS funding – The Participant requests modifications

Lotus Care SA will provide reasonable notice of modifications and seek to minimize disruption.

4.5 Support Worker Changes

Lotus Care SA may assign different Support Workers due to: – Staff availability and scheduling – Professional judgment about appropriate match – Leave, illness, or staff turnover

Lotus Care SA will endeavor to maintain consistent Support Worker assignment where possible and will introduce new Support Workers appropriately.

4.6 Availability & Coverage

Services are available during specified hours as outlined in the Service Agreement. During closures (weekends, public holidays, leave periods), alternative arrangements may be necessary. Lotus Care SA is not responsible for services during circumstances beyond its control (see Force Majeure clause).

5.1 Pricing & NDIS Compliance

All pricing complies with: – NDIS Price Guide and Pricing Arrangements – NDIS Price Limits where applicable – Disability Services and Inclusion Code of Conduct

Lotus Care SA charges only for: – Services outlined in the Service Agreement – Reasonable and necessary supports – Supports authorized in the Participant’s NDIS Plan (where applicable)

5.2 Service Costs

The Service Agreement clearly specifies: – Hourly or sessional rates for each service type – Total anticipated costs per service period – Any additional or incidental charges (e.g., travel, materials, supervision) – Payment schedule and invoice frequency – Currency (Australian Dollars)

5.3 NDIS Plan Funding

If the Participant has NDIS funding: – Lotus Care SA will verify available funding before Services commence – Services will be funded through the Participant’s NDIS Plan – Lotus Care SA will invoice the NDIS or plan manager (if applicable) – The Participant is responsible for any gap between service costs and NDIS funding – If NDIS funding expires or is reduced, the Participant must advise immediately

5.4 Private Funding

If the Participant is self-funding: – Costs are invoiced directly to the Participant – Payment is due within 14 days of invoice unless alternative arrangement is agreed – Services may be suspended if payment becomes overdue – A default interest rate of 10% per annum applies to overdue amounts

5.5 Cancellation & Postponement Fees

Participant-Initiated Cancellations: – Less than 24 hours notice: 50% of service cost is charged – Less than 48 hours notice: 25% of service cost is charged – 48+ hours notice: No cancellation fee

Postponements: – If rescheduled within 7 days: No fee applies – If rescheduled after 7 days: Standard service cost applies

Provider-Initiated Cancellations: – No fee to Participant

Exceptions: Lotus Care SA may waive cancellation fees for unavoidable circumstances (emergencies, unforeseen health issues).

5.6 Travel & Related Costs

Lotus Care SA may charge reasonable costs for: – Travel beyond the metropolitan area (distance-based) – Mileage at the current ATO rate – Parking and tolls – Public transport fares incurred on behalf of the Participant

Travel costs must be outlined in the Service Agreement.

5.7 Additional Costs

Additional costs may apply for: – Specialist training or certification requirements – Specific equipment or materials required for service delivery – Supervision or additional support worker requirements – Late notice changes or emergency requests

All additional costs must be agreed in writing before incurrence.

5.8 Invoicing & Payment Methods

Invoice Details: – Invoices specify services provided, costs, and payment terms – Invoices are issued within 5 business days of service delivery – Electronic invoicing is standard unless alternative arrangement is agreed

Payment Methods Accepted: – Electronic bank transfer (preferred) – Credit card (Visa/Mastercard; 1.5% surcharge applies) – Direct debit (where authorized) – Cheque (by arrangement)

5.9 Late Payment

If payment is not received within 14 days of invoice: – A reminder notice is issued – A default interest rate of 10% per annum applies to overdue amounts – Service delivery may be suspended – Collection costs may be charged – Lotus Care SA may terminate the Service Agreement

5.10 Refunds & Credits

Refunds are issued if: – Service is not provided as agreed (and not attributable to Participant) – Overpayment is made – Services are terminated and a credit balance exists

Refunds are processed within 14 days of justification and are paid to the account specified in the original payment arrangement.

5.11 Taxation

All prices include GST where applicable. Lotus Care SA is registered for GST (ABN 86692510473 ).

6.1 Participant Cancellation Rights

The Participant may cancel the Service Agreement at any time by: – Providing written notice (email or letter) to Lotus Care SA – Providing notice period as specified in the Service Agreement (minimum 48 hours for ongoing services) – Settling any outstanding fees or charges

No Termination Penalties: The Participant has the right to terminate without penalty or costs (except accrued service charges and agreed cancellation fees where applicable).

6.2 Lotus Care SA Termination

Lotus Care SA may terminate Services if:

Immediately (without notice): – The Participant or Support Worker is at serious risk of harm – The Participant or Guardian poses a threat to Support Workers – The Participant breaches material terms of the Service Agreement – The Participant engages in unlawful or abusive conduct – Mandatory reporting obligations arise

With Notice (minimum 2 weeks): – The Participant no longer has sufficient NDIS funding – The Participant is unable or unwilling to cooperate with Support Workers – The Participant ceases to meet NDIS eligibility criteria – The Participant breaches non-material terms and fails to remedy within 7 days – Services are no longer reasonable and necessary for the Participant’s goals – The Participant repeatedly cancels services without notice

6.3 Termination Process

Upon termination: – Lotus Care SA provides written notice of termination, reasons, and effective date – Outstanding invoices become immediately due – The Participant receives a final statement of account – Lotus Care SA returns any Participant property/documents – Transition arrangements are discussed to minimize service disruption – Where possible, Lotus Care SA assists in linking Participant with alternative services

6.4 Transition & Continuity

If Services are terminated: – Lotus Care SA will cooperate with alternative providers to ensure continuity – Support Worker knowledge and records are shared with replacement providers (with consent) – Transition period of up to 2 weeks is provided where practical – Lotus Care SA is not liable for service gaps with other providers

The Participant agrees to:

7.1 Cooperation & Engagement

• Cooperate with Support Workers and follow agreed service plans
• Provide accurate information about health, safety, and care needs
• Communicate concerns or changes in circumstances promptly
• Participate actively in goal-setting and service planning
• Allow reasonable time for Support Workers to complete services

7.2 Payment Obligations

• Pay all invoices in full by the due date
• Notify Lotus Care SA immediately if NDIS funding changes
• Advise of inability to pay before payment due date
• Reimburse Lotus Care SA for agreed out-of-pocket expenses
• Not dispute invoices after 30 days unless fraud is involved

7.3 Safe Environment

• Ensure the service environment is safe and hygienic
• Advise Lotus Care SA of hazards, safety risks, or dangerous animals
• Ensure Support Workers have appropriate access to premises
• Not place Support Workers at risk of harm
• Follow reasonable health and safety instructions

7.4 Confidentiality

• Maintain confidentiality of Support Worker personal information
• Not record Support Workers without consent
• Not share Support Worker information with third parties
• Respect Support Worker privacy and boundaries

7.5 Professional Boundaries

• Treat Support Workers with respect and dignity
• Not engage in harassment, abuse, or discriminatory conduct
• Not request inappropriate services outside the Service Agreement
• Not request personal favors beyond the scope of services

7.6 Attendance & Notification

• Be present for scheduled services (or provide suitable alternative)
• Notify Lotus Care SA of changes to address or contact details
• Provide reasonable notice of cancellations (minimum 24 hours)
• Advise of any changes affecting service delivery

7.7 Health & Medical Information

• Disclose all relevant health conditions, medications, and allergies
• Keep Lotus Care SA updated on medication changes
• Seek appropriate medical care for health concerns
• Allow Support Workers access to health information where necessary

7.8 Complaint Resolution

• Use the formal complaints procedure for concerns
• Provide reasonable opportunity for Lotus Care SA to respond to complaints
• Not engage in public disparagement or defamatory conduct
• Participate in dispute resolution processes in good faith

8.1 Limitation of Liability

To the maximum extent permitted by law, Lotus Care SA’s liability is limited to: – The total amount paid by the Participant in the 12 months preceding the claim – Or $5,000, whichever is greater

Lotus Care SA is not liable for: – Loss of profit, revenue, or business opportunity – Loss of data, earnings, or savings – Loss of opportunity to use services – Indirect, special, consequential, or punitive damages – Economic loss or reputational damage – Damage arising from delays or service suspension

8.2 Exclusions to Limitation

The above limitation does not apply to: – Personal injury or death caused by Lotus Care SA’s negligence – Breach of safety obligations under applicable laws – Loss or damage covered by Lotus Care SA’s insurance – Liability that cannot be excluded under applicable law

8.3 Participant Indemnity

The Participant agrees to indemnify and hold harmless Lotus Care SA, its directors, officers, employees, and contractors from: – Any claim, damage, or loss arising from the Participant’s actions or omissions – Breach of these Terms and Conditions – Violation of applicable law – Use of Services in an unlawful manner – Injury to third parties caused by the Participant – Claims by third parties related to the Participant

8.4 Support Worker Safety

The Participant agrees not to: – Engage in violent, abusive, or threatening conduct toward Support Workers – Physically or sexually assault Support Workers – Harass, intimidate, or discriminate against Support Workers – Possess weapons or dangerous items that threaten Support Worker safety – Expose Support Workers to hazardous conditions

Breach of this clause may result in immediate termination and legal action.

8.5 Assumption of Risk

The Participant acknowledges and accepts that: – Disability support services involve inherent risks – Despite reasonable care, injuries or adverse outcomes may occur – Lotus Care SA has explained risks associated with Services – The Participant chooses to proceed with Services understanding these risks

9.1 Lotus Care SA Insurance

Lotus Care SA maintains: – Professional Indemnity Insurance ($10 million+ coverage) – Public Liability Insurance ($10 million+ coverage) – Personal Accident Insurance – Directors and Officers Liability Insurance – Employment Practices Liability Insurance

All insurance is current and verified by the NDIS Commission.

9.2 Participant Compensation

If a Participant is injured due to Lotus Care SA’s negligence or breach: – The Participant may claim through Lotus Care SA’s insurance – Lotus Care SA will cooperate with claims processes – Compensation is subject to insurance policy limits and exclusions – The Participant is responsible for their own insurance (home, contents, health)

9.3 Third-Party Claims

If a third party is injured during service delivery: – Lotus Care SA may claim through its insurance – The Participant is responsible for any uncovered amounts – The Participant indemnifies Lotus Care SA for third-party claims

9.4 No Waiver of Rights

Nothing in these Terms waives the Participant’s rights under: – National Disability Insurance Scheme Act 2013 (Cth) – NDIS Rules or NDIS Code of Conduct – Disability Discrimination Act 1992 (Cth) – Competition and Consumer Act 2010 (Cth) – State-based disability legislation

10.1 Privacy Policy

Lotus Care SA’s collection, use, and disclosure of personal information is governed by the separate Privacy Policy. The Privacy Policy forms part of these Terms and Conditions.

10.2 Confidential Information

Lotus Care SA maintains strict confidentiality of: – Personal information about the Participant – Medical and health information – NDIS plan details – Service delivery notes and care plans – Financial information – Any other sensitive information disclosed

10.3 Permitted Disclosures

Lotus Care SA may disclose information to: – NDIS and NDIS Commission (regulatory requirements) – Other support providers (with Participant consent) – Emergency services (if required to prevent harm) – Legal authorities (if required by law) – Insurance providers (for claims) – Participant’s family or Guardian (if authorized)

10.4 Participant Disclosure

The Participant may disclose information about Lotus Care SA Services only: – For legitimate purposes related to their care – Without disclosing confidential business information – Without defaming or disparaging Lotus Care SA – In compliance with privacy principles

10.5 Recording & Monitoring

• Participant or Guardian may request recording of services for safety/training
• Consent is required before any recording occurs
• Support Workers may not be recorded without consent
• CCTV or audio recording must comply with privacy laws

10.6 Data Security

Lotus Care SA: – Stores information securely with password protection – Limits access to staff who need to know – Complies with Privacy Act 1988 (Cth) – Maintains confidential records for minimum 7 years – Provides access to personal information upon request

11.1 Website Content

All website content including text, images, logos, designs, and materials are the intellectual property of Lotus Care SA and protected by copyright law.

Participants are granted a limited license to access and view content for personal, non-commercial purposes only. No license is granted to: – Reproduce, modify, or distribute content – Create derivative works – Use content for commercial purposes – Remove copyright notices or attribution

11.2 Service Documentation

Any documentation, care plans, or materials created during service delivery: – Remain the property of Lotus Care SA (with specific exceptions) – Are created for Participant benefit within the service relationship – May be used for training, quality assurance, and regulatory compliance – Are returned or destroyed upon request (where appropriate)

11.3 Third-Party Intellectual Property

The website may contain third-party intellectual property. All rights are acknowledged and respected. Use of third-party content is subject to applicable licenses and permissions.

12.1 Complaint Process

If the Participant is dissatisfied with Services:

Step 1: Informal Resolution (Within 7 Days) – Contact Lotus Care SA directly (phone, email, or in-person) – Clearly describe the concern or complaint – Identify desired outcome or resolution – Allow Lotus Care SA 5 business days to respond

Step 2: Formal Complaint (If Not Resolved) – Submit written complaint to: complaints@lotuscaresa.com.au – Include complaint details, dates, and documentation – Identify desired outcome – Lotus Care SA investigates and responds within 10 business days

Step 3: Escalation (If Not Resolved) – Request escalation to management – Lotus Care SA management conducts independent review – Response provided within 10 business days – Recommended resolution offered

12.2 Complaint Register

Lotus Care SA maintains a register of all complaints including: – Complaint details and date – Response provided – Outcome and resolution – Preventative measures implemented

Participants may request access to their complaint record.

12.3 External Dispute Resolution

If internal resolution is not achieved, the Participant may lodge a complaint with:

NDIS Quality and Safeguards Commission: – Website: www.ndiscommission.gov.au – Phone: 1800 035 734 –

Australian Competition and Consumer Commission (ACCC): – For consumer-related disputes – Website: www.accc.gov.au – Phone: 1300 302 502

12.4 Mediation & Arbitration

For disputes not resolved through above processes: – Parties agree to attempt mediation before litigation – Costs of mediation are shared equally – Mediator is mutually agreed or appointed by relevant body – Mediation decisions are not binding

12.5 No Retaliation

Lotus Care SA does not retaliate against Participants for: – Lodging complaints – Seeking external review – Exercising rights under applicable law – Providing feedback or criticism

13.1 Code Obligations

Lotus Care SA and all Support Workers comply with the NDIS Code of Conduct for Disability Service Providers, which requires:

13.1.1 Respect & Dignity – Treating Participants with respect, dignity, and empathy – Respecting cultural diversity and individual differences – Supporting Participant choice and control – Maintaining Participant privacy and confidentiality

13.1.2 Rights & Choices – Respecting Participant rights under the UN Convention on the Rights of Persons with Disabilities – Supporting Participant autonomy and decision-making – Providing clear information to enable informed choices – Not discriminating based on disability or protected attributes

13.1.3 Safe & Competent Support – Providing supports with care and skill – Ensuring Support Worker qualifications and training are current – Maintaining safe practices and environments – Responding promptly to concerns about safety

13.1.4 Integrity & Honesty – Acting with honesty and transparency – Providing truthful information about qualifications and services – Avoiding conflicts of interest – Reporting breaches of the Code

13.2 Code Breach Reporting

Breaches of the Code may be reported to: – NDIS Quality and Safeguards Commission – Local Area Coordinator – Advocacy organizations – Government disability contacts

Lotus Care SA cooperates with all Code investigations.

14.1 Consumer Guarantees

Lotus Care SA acknowledges that Services are supplied to Participants who are consumers within the meaning of the Australian Consumer Law. Lotus Care SA provides: – A guarantee that Services are provided with due care and skill – A guarantee that Services are fit for purpose – A guarantee that Services are provided within reasonable time – A guarantee that goods provided (if any) are safe and meet quality standards

14.2 Consumer Remedies

If Services fail to meet consumer guarantees, Participants have rights to: – Request remedy or repair – Request replacement services – Request refund – Seek compensation for loss or damage – Access dispute resolution processes

14.3 Unfair Contract Terms

Lotus Care SA confirms that: – The Service Agreement does not contain unfair contract terms – Terms are not misleading or deceptive – Terms do not impose unreasonable cost to Participants – Liability cannot be excluded for personal injury or death

14.4 Prohibited Conduct

Lotus Care SA does not: – Engage in misleading or deceptive conduct – Make false claims about services or qualifications – Engage in unconscionable conduct – Restrict Participant access to remedies – Discriminate against Participants

15.1 Work Health & Safety

Lotus Care SA complies with: – Work Health and Safety Act 2011 (Cth) – Work Health and Safety Regulations 2011 (Cth) – South Australian workplace legislation – NDIS Quality and Safety Standards

15.2 Support Worker Safety

Lotus Care SA takes reasonable steps to: – Identify hazards and risks in service environments – Provide appropriate safety training to Support Workers – Implement safe work procedures – Provide personal protective equipment where necessary – Investigate and respond to safety incidents – Report unsafe conditions to Participants

The Participant must: – Ensure the service environment is safe – Disclose hazards (pets, aggressive behavior, unsafe conditions) – Not place Support Workers at risk of harm – Report safety concerns immediately

15.3 Incident Reporting

If a safety incident occurs: – Lotus Care SA documents and investigates – Participants are notified – Appropriate authorities are notified (if required) – Preventative measures are implemented – Records are maintained for minimum 7 years

15.4 Emergency Response

In emergency situations: – Support Workers are authorized to act in Participant’s best interests – Emergency services may be contacted without notice – Lotus Care SA may temporarily suspend services to prevent harm – Post-incident review and support are provided

16.1 Force Majeure Events

Lotus Care SA is not liable for failure to provide Services due to events beyond reasonable control, including: – Natural disasters (floods, fires, earthquakes) – Pandemic or epidemic (including COVID-19) – Acts of war, terrorism, or civil unrest – Severe weather or natural hazards – Government lockdowns or emergency orders – Essential infrastructure failures – Utility disruptions (power, water, communications)

16.2 Response to Force Majeure

When Force Majeure events occur: – Lotus Care SA will provide prompt notice to Participants – Alternative arrangements will be made where possible – Services may be temporarily suspended without penalty – Communication about situation will be maintained – Services will resume as soon as practicable

16.3 No Liability

Lotus Care SA is not liable for loss or damage arising from Force Majeure events, except where: – Lotus Care SA failed to take reasonable steps to mitigate – The event was foreseeable and preventative measures were not taken – Lotus Care SA continues to be paid without providing services

17.1 Right to Modify

Lotus Care SA reserves the right to modify these Terms and Conditions at any time. Modifications are effective: – Upon posting to the website, or – Upon written notice to Participant (email or mail)

17.2 Notice of Changes

For material changes: – Minimum 30 days’ notice is provided – Email notification is sent to Participant – Changes are highlighted on the website – Participant consent may be required for significant changes

17.3 Continued Acceptance

Continued use of Services after notice of modified Terms constitutes acceptance. If a Participant does not agree to modified Terms, they may terminate the Service Agreement without penalty.

If any clause of these Terms and Conditions is found to be invalid, unenforceable, or unlawful: – That clause is severed and removed – Remaining clauses continue in full force – The severed clause is reformed to the minimum extent necessary to make it enforceable (if possible) – The intent of the parties is preserved to the maximum extent permitted by law

19.1 Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of South Australia, including: – South Australian legislation applicable to disability services – Australian Consumer Law (Part ACL of the Competition and Consumer Act 2010 (Cth)) – Privacy Act 1988 (Cth) – National Disability Insurance Scheme Act 2013 (Cth)

19.2 Jurisdiction

Both parties agree to submit to the exclusive jurisdiction of the courts of South Australia for: – Resolution of disputes arising from these Terms – Enforcement of these Terms – Any legal proceedings related to Services

19.3 No Waiver

The Participant does not waive any rights under Australian law or legislation. If any terms are found to conflict with mandatory Australian law, the law prevails.

20.1 Lotus Care SA Details

Legal Entity: Lotus Care SA Pty Ltd

ABN: 86692510473

Registered Address: 15 Woodcock Cresent, Para hills west, 5096

Service Hours: Monday-Friday, 9:00 AM – 5:00 PM ACDT

20.2 Communication

Phone: 0481 851 121

Email: info@lotuscaresa.com.au

Website: www.lotuscaresa.com.au

20.3 Document Service

Legal documents and formal notices may be served: – By email to info@lotuscaresa.com.au – By mail to the registered address – By hand delivery – By registered post

20.4 Complaints & Enquiries

Complaints: complaints@lotuscaresa.com.au or process

Enquiries: 0481 851 121 or info@lotuscaresa.com.au

NDIS Commission Complaints: www.ndiscommission.gov.au or 1800 035 734

These Terms and Conditions represent a comprehensive agreement between Lotus Care SA and Participants. Both parties acknowledge reading, understanding, and agreeing to be bound by these Terms.

By accepting these Terms, you confirm: – You have read the entire Terms and Conditions – You understand your rights and obligations – You agree to be bound by these Terms – You have capacity and authority to enter this agreement – You will comply with all applicable laws

These Terms are effective from 02/01/2026 and continue until modified or terminated.

These Terms and Conditions are supported by: 1. Service Agreement (separate document) 2. Privacy Policy (available on website) 3. Complaints Procedure (available on request) 4. NDIS Code of Conduct for Disability Service Providers (www.ndis.gov.au) 5. Australian Consumer Law Guide (www.accc.gov.au)

All supporting documents are available upon request from Lotus Care SA.