Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the website fwbs.net.au (the "Site"). The Site is owned and operated by Focused Well-being Services Pty Ltd (ACN 644120981, "FWBS", "we", "us" or "our"). FWBS is a registered Provider of disability supports under the National Disability Insurance Scheme (NDIS).

By accessing or using the Site, you agree that you have read, understood, and agree to be bound by these Terms, as amended from time to time. If you do not agree, you must not use the Site.

Important notice: Certain provisions below seek to limit our liability or impose obligations on you. Under the Australian Consumer Law (ACL), some rights and remedies (including consumer guarantees) cannot be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies any right or remedy you have under the ACL or any other applicable law where such exclusion, restriction, or modification is prohibited.

These terms contain a dispute resolution clause that affects your rights. Please read it carefully.

1. Intellectual Property

All content on the Site, including (but not limited to) text, graphics, images, logos, documents, downloadable files, and the Site's overall design and compilation ("Content"), is owned by FWBS or its licensors and is protected by Australian and international copyright, trade mark, and other intellectual property laws.

You may view, access, and print Content for your personal, non-commercial use only, provided you do not modify it or remove any proprietary notices. Any other use (including reproduction, distribution, modification, or commercial exploitation) requires our prior written consent.

2. Acceptable Use

You must use the Site only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site.

You agree not to:

• Harass, threaten, abuse, or mistreat other users;
• Infringe the intellectual property, privacy, or other rights of FWBS or any third party;
• Attempt to gain unauthorised access to the Site, other users' accounts, or any related systems;
• Engage in any fraudulent, deceptive, or illegal activity;
• Post, upload, or transmit any material that is defamatory, obscene, offensive, discriminatory, or otherwise inappropriate;
• Introduce viruses, malware, or other harmful code; or
• Use the Site in any way that could damage, disable, overburden, or impair it.

We may, at our sole discretion, limit, suspend, or terminate your access to the Site (without notice) if we reasonably believe you have breached these Terms or used the Site unlawfully. We reserve the right to report any suspected illegal activity to relevant authorities.

3. Information on the Site

The Content is provided for general information only and relates to our disability support services. It is not intended as medical, therapeutic, financial, or legal advice. You should obtain professional advice tailored to your circumstances before acting on any information on the Site.

We make reasonable efforts to ensure the Content is accurate and up-to-date but do not warrant or guarantee its completeness, accuracy, reliability, or suitability for any purpose. To the extent permitted by law, we disclaim all liability for any reliance placed on the Content.

4. Third-Party Links and Resources

The Site may contain links to third-party websites or resources. These are provided for convenience only. We do not endorse, control, or accept responsibility for the content, privacy practices, or availability of those sites. Accessing them is at your own risk.

5. Limitation of Liability

To the maximum extent permitted by law (including under the ACL):

• The Site and Content are provided on an "as is" and "as available" basis without warranties of any kind (express or implied).
• We (and our directors, officers, employees, agents, and affiliates) exclude all liability for any loss or damage (including indirect, consequential, special, or punitive loss/damage, or loss of data/profits) arising from your use of, or inability to use, the Site, whether caused by negligence or otherwise.

Nothing in these Terms excludes or limits our liability:

• For death or personal injury caused by our negligence;
• For fraud or fraudulent misrepresentation;
• For any matter where liability cannot be excluded under the ACL (including consumer guarantees for services supplied to consumers); or
• To the extent prohibited by law.

If any liability cannot be excluded but can be limited under the ACL or other law, our liability is limited (at our option) to resupplying the services or paying the cost of resupply.

6. Indemnity

To the extent permitted by law, you indemnify FWBS (and our directors, officers, employees, agents, and affiliates) against any claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms;
• Your use of the Site (including any Content you submit); or
• Any violation of law or third-party rights.

This indemnity survives termination of your access to the Site.

7. Privacy

Your use of the Site is also governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy explains how we collect, use, disclose, and protect personal information in compliance with the Privacy Act 1988 (Cth).

8. Governing Law and Jurisdiction

These Terms are governed by the laws of Queensland, Australia. You and FWBS submit to the non-exclusive jurisdiction of the courts of Queensland (and any courts competent to hear appeals from those courts).

9. Dispute Resolution

If a dispute arises out of or in connection with these Terms or your use of the Site, the parties agree to first attempt to resolve it through good faith informal discussions.

If the dispute is not resolved within 30 days, either party may refer it to non-binding mediation administered by a mediator agreed between the parties (or, failing agreement, appointed by the Resolution Institute or equivalent body in Queensland).

If mediation does not resolve the dispute, either party may commence proceedings in an appropriate court or tribunal (including small claims processes where applicable).

Nothing prevents a party from seeking urgent injunctive or declaratory relief from a court, or pursuing rights under the ACL or other law.

Each party bears its own costs of mediation unless otherwise agreed.

10. Severability

If any provision of these Terms is held invalid, illegal, or unenforceable under applicable law, it will be severed to the extent necessary, and the remaining provisions will continue in full force.

11. Changes to these Terms

We may update these Terms from time to time to reflect changes in law, our operations, or user expectations. We will notify you of material changes by posting the updated Terms on the Site (with the effective date) and/or by email (where feasible). Continued use of the Site after changes constitutes acceptance of the updated Terms.

12. Contact Us

If you have questions about these Terms, please contact us via:

• Email: admin@fwbs.net.au
• The feedback/contact form on the Site