Terms of Service

1. Acceptance of Terms

By accessing or using MERIT Lumina (“the Platform”), operated by Merit Vision Pty Ltd (“we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must not use the Platform.

2. Description of Service

MERIT Lumina is a cloud-based performance management and reporting tool designed for care, support, and NDIS service organisations. The Platform enables users to track key performance indicators, generate reports, and manage organisational metrics.

3. Account Registration

To use the Platform, you must:

• Register for an account with accurate and complete information
• Be at least 18 years of age or have authorisation from a legal guardian
• Be authorised to act on behalf of your organisation (for organisational accounts)
• Keep your login credentials secure and confidential

You are responsible for all activity that occurs under your account.

4. Subscriptions and Payment

Access to the Platform is provided on a subscription basis. Subscription fees are outlined on our Pricing page. All fees are in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

Subscriptions renew automatically unless cancelled before the renewal date. Refunds are evaluated on a case-by-case basis in accordance with Australian Consumer Law.

5. Acceptable Use

You agree not to:

• Use the Platform for any unlawful purpose
• Upload or transmit malicious code or content
• Attempt to gain unauthorised access to any part of the Platform or its infrastructure
• Misrepresent your identity or affiliation
• Share your account credentials with third parties
• Reverse-engineer, decompile, or disassemble any part of the Platform
• Use the Platform to store, process, or transmit data in violation of applicable law

6. Intellectual Property

The Platform, including its software, design, logos, and content (excluding user-submitted data), is the intellectual property of Merit Vision Pty Ltd and is protected by Australian and international copyright laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform solely for your internal business purposes.

You retain ownership of all data you submit to the Platform. By submitting data, you grant us a limited licence to use that data solely to provide the service to you.

7. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.

8. Service Availability

We endeavour to maintain Platform availability of 99.5% per calendar month, excluding scheduled maintenance. We do not guarantee uninterrupted or error-free operation and are not liable for service disruptions caused by events outside our reasonable control.

9. Limitation of Liability

To the maximum extent permitted by Australian Consumer Law, our liability for any claim arising from your use of the Platform is limited to the subscription fees you paid in the three months prior to the event giving rise to the claim. We are not liable for indirect, consequential, incidental, or special damages.

10. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your account immediately if you breach these Terms or if continued access poses a risk to the Platform or other users. Upon termination, your right to access the Platform ceases, and your data will be handled in accordance with our Privacy Policy.

11. Governing Law

These Terms are governed by the laws of the State of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

12. Changes to Terms

We may update these Terms from time to time. We will provide reasonable notice of material changes via email or a notice on the Platform. Continued use after the effective date constitutes acceptance of the revised Terms.

13. Contact

For questions about these Terms, contact us at [email protected].