Liability Statement
The following liability disclaimer outlines the terms and conditions regarding the services provided by Platypus Plan Management:
General Advice: Any advice offered by Platypus Plan Management, outside of Plan Management services, is of a general nature.
Force Majeure: Platypus Plan Management shall not be held liable for any failure or delay in the performance of this Service Agreement if such failure or delay is beyond the reasonable control of a party, materially impacts Platypus Plan Management’s obligations, and could not have been reasonably foreseen or accounted for (e.g., government actions restricting or hindering the parties’ obligations under the Service Agreement).
Good Faith and Accuracy: Platypus Plan Management’s Plan Managers accept in good faith that the information provided by the Participant or Nominated Representative is true and accurate. Any claims presented to Platypus Plan Management reflect the goods and services provided to the Participant in accordance with NDIS Guidelines (National Disability Insurance Scheme Act 2013).
Third-Party Conduct: You (and/or your Nominated Representative) acknowledge and agree that Platypus Plan Management provides Plan Management services only and will not be held responsible for any loss or damage resulting from the conduct of any other third party, including NDIS registered or unregistered providers.
Limited Liability: You (and/or your Nominated Representative) agree that Platypus Plan Management is not liable for any loss (including indirect, consequential, or special damages) arising from a breach of this Service Agreement, unless such breach involves fraud or wilful default by Platypus Plan Management.
Maximum Liability: Platypus Plan Management’s aggregate liability under or in connection with this Service Agreement (whether in contract, negligence, breach of statutory duty, or otherwise) shall not exceed the amount of fees paid for Plan Management services in the preceding 12 months.
Statutory Guarantees: Nothing in this Service Agreement diminishes or excludes the statutory guarantees pertaining to the supply of services received by the Participant or Nominated Representative under the Australian Consumer Law (Competition and Consumer Act 2010-Schedule