WEB APPLICATION TERMS AND CONDITIONS

  1. ABOUT THE DIBS APP

Who owns and operates the Dibs App?

The Dibs website, web application and data-collection service found at https://dibsapp.net/ (the Dibs App) is owned and operated by Eddie Drury - Positive Behaviour Support Pty Ltd (ABN 41 653 296 130) (we, us, our).

In these Terms, “you” and “your” refers to you, being the person with disability, support worker, family member, website visitor or other user of our Services.

What does the Dibs App do?

We provide data collection services via the Dibs App for people with disability and their support team (including positive behaviour support practitioners, support workers, carers, family members and others) (Dibs Users), to collect, store and access critical data and information relevant to their support.

We invite you to use our website and the Dibs App, including by:

  1. accessing, purchasing, subscribing to or using our information collection services via the Dibs App;

    1. viewing our website, including educational material and content that we publish via the website and social media;

      1. otherwise accessing the Dibs App; and

      2. if you wish, joining our mailing list,

(together, the Services).

These Web Application Terms and Conditions, together with our Privacy Policy and any online application terms or rules (the Terms) apply to all visitors, subscribers, customers, Dibs Users and other users of our Services.

  1. AGREEING WITH THESE TERMS

How do I agree to the Terms?

By using the Dibs App or our Services, you agree to enter a legally enforceable contract with us under these Terms. This means that you and we must comply with the Terms.

You can accept the Terms electronically. When you click “accept”, “agree”, “consent” or “subscribe” using a device such as a mobile phone, desktop computer, laptop or tablet, your agreement or consent will be legally binding.

To access or use the Dibs App or the Services, you must be at least 18 years old and living in Australia. If you accept the Terms on behalf of another person or a corporate entity, you promise that you are authorised to do so.

What if I don’t understand something?

If you are uncertain about the Terms, the Services or anything in the Dibs App or on our website, please contact us before disclosing any information, consenting to any Service or completing any purchase.

  1. CHANGES TO THE TERMS, DIBS APP OR WEBSITE

Will you tell me if the Terms change?

We may update these Terms occasionally. We will post changes on our website, and, where practical, notify you by email. If we change the Terms, the change will be effective from the date that we post the revised Terms on our website. It is up to you to review these Terms periodically. If you continue to use the Dibs App, the website or the Services, you are confirming that you accept such changes.

Can the Dibs App or Services change or stop?

We may modify or discontinue any of the Services, the Dibs App or our website or change any prices published on the website at any time. While we will do our best to inform you of such changes, we do not promise to give you notice. Unless otherwise required by law, we will not be liable to you for any change in the Dibs App, Terms, the Services or the website.

We may refuse access to the Dibs App or our website to any person at any time, for any reason. If we refuse access to the Dibs App, we will provide you with a copy of your data file, on your written request. We are not liable for any loss that you suffer as a result of such discontinuance or exclusion.

  1. GAINING ACCESS TO THE DIBS APP OR WEBSITE

Do I need an account to use the Dibs App?

Most features of the Dibs App require an individual account. As an exception, a user with Master Access may generate an anonymous data-entry link for a specific client record. A person with the link can enter data for that client, and view the client’s name, scheduled shifts and the data being collected, without creating an account. Anonymous links are off by default.

Who creates the account?

A Dibs client record can be created by a person with disability, or by a member of their support team with authority to do so.

When a new Dibs client record is created, the client record creator will automatically be given “Master Access”.

Any user with Master Access can:

  • read all personal information;

    • delete all personal information;

    • give other users access to write, read, edit and delete personal information; and

    • give other users Master Access.

When registering a client record, the person creating the record identifies their relationship to the client as one of: (a) the client themselves, (b) the client’s legal guardian or substitute decision-maker, or (c) a third party (such as a Positive Behaviour Support practitioner) acting with the written consent of the client or their guardian. Different consent requirements apply to each category. You agree that you have selected the correct category and that the consents you provide on registration are accurate. We may require evidence of consent or guardianship authority at any time.

What information do I need to provide?

To register a client record, you must provide us with accurate information which may include your name, the names of people in your support team, physical addresses, valid email addresses and telephone numbers.

To register an account to use the Dibs App (including uploading information to a client record), you must provide us with accurate information which may include your name, email address and telephone number.

You promise that any information that you provide while registering a client record or an account is accurate and correct, and that you will update your details when they change. If you are creating a client record, an account or otherwise providing information on behalf of another person, you promise that you have that person’s written consent to do so and that you will provide a copy of that consent to us on request.

How do I keep my client record and account secure?

Each client record, account and user profile will be protected by a password. User names and passwords are for each individual Dibs User’s use only. You should not share your username or password with any third party.

You are responsible for keeping your password and username secure, and if you share this information with others, you do so at your own risk. We accept no liability for any activity that occurs in your account, including any purchase, subscription cancellation or deletion or manipulation of information.

These restrictions apply to account credentials. They do not apply to anonymous data-entry links, which are designed to be shared by the Master Access user with people they authorise to enter data on a specific client’s behalf.

If we believe that you have breached these Terms or an applicable law, or that you have misused the Dibs App, we may suspend or cancel your access at any time.

  1. ACCESSING THE DIBS APP

How do I access the Dibs App?

The Dibs App is a private web application that you can access on our website or mobile platforms via a secure login, subject to availability and your account status. If you subscribe to the Dibs App or are granted access to a Dibs App account or client record, you agree that you must comply with these Terms and any application rules, including that all information shared on the platform must remain confidential, and you must not:

  1. share your login credentials or the secure online invitation with anyone for any reason; or

    1. share your username and password with any person who did not pay for access or has not been authorised to access the Dibs App or the Services.

Who controls access to the information?

If you have “Master Access” to a Dibs client record, you have ultimate control over the relevant information, including granting and revoking access to other Dibs Users to access the information. Users with Master Access may delete the information at any time, by accessing the client record, clicking “Edit Client Details” and then “Delete this Client”. Deletion is final from your perspective and we will not restore it. Encrypted backups exist for up to 60 days for disaster recovery only.

You agree that you must not provide false information about yourself or anyone else, impersonate another individual or provide misleading or false information or content when you are accessing the online platform.

If a dispute arises about who has authority to access or delete a client record, we will place a hold on the record while we investigate, and may require evidence of consent from the user who created it. Details of this process are in our FAQ.

Anonymous data-entry links

A user with Master Access can generate, regenerate or disable an anonymous data-entry link for a client record at any time. Anonymous links are disabled by default and must be actively enabled.

When you enable an anonymous data-entry link, you agree that:

  • you have obtained any consent required from the client, their guardian or substitute decision-maker for information about the client to be visible to, and entered by, people with the link;
  • you will only share the link with people you have authorised to enter data for that client, and you are responsible for who you share it with and how it is distributed;
  • you understand that anyone holding the link can use it to enter data and view the information described above, regardless of whether you intended them to, and that we have no way to verify the identity of a person using the link;
  • you will regenerate or disable the link if you become aware that it has been shared beyond authorised recipients, or if a previously authorised person should no longer have access;
  • you will not enable the link, or will disable it, where doing so would breach an applicable law, NDIS requirement, organisational policy, or restrictive practice authorisation; and
  • you are responsible for the accuracy and appropriateness of data entered via the link.

We are not liable for misuse of an anonymous data-entry link by any person, or for any consequence arising from the link being shared beyond the recipients you intended.

  1. PRIVACY AND CONFIDENTIALITY IS IMPORTANT

We are committed to protecting your privacy and the privacy of all users of the Dibs App and our website. Please read our separate Privacy Policy carefully.

Information stored on the Dibs App may include data that is classified as “personal information” and “sensitive information” under the Privacy Act 1988 (Cth). We will comply with the Australian privacy laws, including in relation to “Personal Information” and “Sensitive Information” as those terms are defined in the Privacy Act 1988 (Cth).

Although the Dibs App is not itself a registered NDIS Provider, we as a service provider observe relevant aspects of the NDIS Code of Conduct and the NDIS Practice Standards relating to privacy and dignity, ensuring that people with disability have control over their personal information. We provide functionality that supports NDIS Registered Providers’ ability to meet their reporting requirements in relation to restrictive practices. However, we accept no liability in relation to reporting obligations; all responsibility for reporting remains with the implementing provider. The Dibs App is not a substitute for mandatory reporting systems or statutory records.

We understand that you may authorise people in your support team to upload information to the Dibs App on your behalf. If so, we may ask those people to demonstrate to us that they have your clear consent to do so.

If you are uploading information on behalf of another person, you promise that they have explicitly agreed to the collection, storage and sharing of their personal and health information. You agree that you must provide evidence of that agreement on our request.

We will take all reasonable steps to protect information uploaded to the Dibs App from misuse, loss or unauthorised access. We will do this by implementing strong security measures, including:

  • All data encrypted in transit and at rest;
  • hosting all information on servers located in Australia, who meet all relevant statutory requirements and industry standards in relation to data protection; and
  • appropriate user-based and organisational access controls.

We will never disclose any information uploaded to the Dibs App without the information owner’s prior written consent, unless required by law to do so.

If the Dibs App experiences a data security breach that may result in serious harm to individuals, we will, as soon as practicable:

  1. notify the relevant government authority and all affected individuals; and

    1. comply with all legal obligations to address the data breach.
  1. WHO OWNS THE DIBS APP DATA, INFORMATION UPLOADED TO THE DIBS APP AND OTHER CONTENT?

You own the data you upload. If your access ends or you delete your client record, you can request a copy of your data within 60 days after the end of access. We retain automatic backups of all data for 60 days, following which relevant data and information is destroyed, unless we are required to retain it longer to comply with statutory or other legal requirements.

All other intellectual property in the Dibs App, on the website and in any Services sold on the website belongs to us or has been lawfully licensed to us by third parties. This includes copyrights, trademarks, proprietary information, designs, patents and other intellectual property rights, trade secrets, business information, business names, logo, designs, text, videos, audio files, graphics, worksheets, fact sheets, templates, presentation slides, other files, computer code and software (the Content). You can use the Dibs App and Content as described in these Terms, but you do not own them or any intellectual property in them.

What happens to my data if I stop using the Dibs App?

After you stop using the Dibs App or your access ends, we will retain your data for any period required by law. Otherwise, when a Dibs App account is deleted or dormant for more than 24 months, all personal information associated with an account where you are the only user with Master Access may be archived or otherwise removed from the App.

Alternatively, you can choose to manually delete any information for which you have Master Access, before deleting your account.

After any overriding legal requirement ends, we may delete the data. We will use best efforts to notify you before we delete any data, provided you continue to use the email address that you used when opening your account.

If we are notified that a client has died, we will place a hold on the record and may, on reasonable request and proof of authority, provide a copy of the data to the client’s legal personal representative, family, or implementing provider. After 24 months, or earlier on request from the legal personal representative, the record may be archived or deleted in line with our usual retention practices.

If your access ends or you delete your client record, you can request a copy of the data within 60 days of that event, after which the data will no longer be available to you on request.

For security and disaster recovery purposes, we retain encrypted backups of the App’s data for up to 24 months. Backups are taken daily, stored separately from the live App on encrypted media with keys held by us, and used solely to restore the App in the event of a serious incident such as a cyber attack, data corruption or infrastructure failure. Deleted records age out of backups in the ordinary course as older backups are rotated.

If we are required to restore the App from a backup, records that were deleted between the time of the backup and the time of the incident may be reinstated, because deletion records themselves are held within the App and cannot be reliably reconstructed after a restoration. We will inform users where a restoration of this kind occurs where required by law or where we consider it appropriate, and any user can delete their reinstated data again through the usual means.

  1. HOW CAN CONTENT BE USED?

What am I allowed to do with the Dibs App and its Content?

When you subscribe to the Dibs App or otherwise purchase Services from us, including any written, audio or video Content, we grant you a limited, revocable, non-exclusive and non-transferable licence to use the Dibs App or the Services or listen to, download or stream that Content to your device, solely for collecting, collating and sharing information relevant to supporting the person with a disability. You are responsible for the accuracy of any information that you upload, collect or capture via the Dibs App

What am I not allowed to do?

You agree that you will not:

  1. modify, copy, reproduce, distribute or use the Dibs App, Services or the Content other than as set out in these Terms or with our prior written consent;

    1. publish, transmit or sell access to the Dibs App, the Services or the Content to any third party;

      1. participate in the transfer, sale or commercial use or creation of derivative works from the Dibs App, Services or the Content; or

      2. display, reproduce or perform, or in any way commercially exploit in any format whatsoever any part of the Dibs App, our website, the Services or the Content for commercial purposes, without our prior written consent.

If we reasonably believe that you have misused the Dibs App, the Services or the Content or otherwise breached these Terms, we may immediately remove your access and terminate your licence to use the Dibs App, Services and the Content. You will not be entitled to any refunded payments if your access is removed in this way.

  1. RULES FOR USING THE DIBS APP

You must never use the Dibs App, the Services or the Content:

  1. for any unlawful purpose;

    1. in a way that breaches another person’s privacy or discloses confidential information;

      1. to solicit others to perform or participate in any unlawful acts; or

      2. to violate any international, Australian or state regulations or laws.

You agree that you will not:

  1. attempt to change, remove, deface, hack or otherwise interfere with the Dibs App, the website, the Services or any Content;

    1. hack into any aspect of the Dibs App, the website or the Services, corrupt data or cause annoyance to other users of the Dibs App or the Services;

      1. infringe upon any other person’s intellectual property, privacy or other proprietary rights;

      2. disclose any information that you access as a result of the Services, that is by its nature confidential or private, unless required by law or with the other person’s written consent;

      3. send any unsolicited advertising or promotional material (spam) to us or to other users with whom you come into contact on the Dibs App, the website or via the Services;

      4. use the Dibs App or the website to wrongfully publish any content that is defamatory, libelous, indecent, sexually explicit, violent or discriminatory or threatening in nature; or

      5. attempt to affect the performance or functionality of any computer facilities accessed through the Dibs App or the website.

If you access the Dibs App via an anonymous data-entry link, you also agree to comply with the rules in this section, including the prohibitions on unlawful use, breach of privacy, infringement of intellectual property and interference with the App.

  1. WHAT WE WILL BE LIABLE FOR

We accept no liability for reliance on the Content or the Services as business, financial or legal advice.

You warrant that you have not relied on any representations by us as to financial benefits, regulatory or legislative compliance, future income, NDIS or other public funding, project success or potential revenue or loss of any kind that may be derived from your use of the Dibs App or the Services. You will undertake your own due diligence and seek professional advice (including legal advice) before applying any learnings from the Services, taking into account your own personal circumstances or the circumstances of the person on whose behalf you use the Dibs App.

Results and outcomes may vary from user to user, and we accept no responsibility for your expectation of a particular outcome in reliance on any advertising or client testimonials that appear on the Dibs App website or elsewhere.

From time to time, access to the Dibs App or the Services may be interrupted due to factors outside our reasonable control, such as internet outages, failures of third-party hosting or payment services, or other external systems. While we take reasonable steps to minimise disruption, we do not guarantee uninterrupted availability and, to the extent permitted by law, we are not liable for losses arising from such external outages.

To the extent permitted by law (including the Australian Consumer Law):

  1. you agree to indemnify us for losses (including losses suffered by any third party), caused by your unlawful, wrongful or unauthorised use of the Dibs App, the website or the Services; and

    1. neither we nor any of our affiliates, officers, employees or agents is liable for any direct or indirect losses, liabilities, claims, actions, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims by third parties or any other losses arising from or in connection with your use of the Dibs App and the Services, your inability to access the Dibs App, interruption or outage of the Dibs App or any Content or data that is inaccurate, incomplete or out of date.

If the Services are subject to the provisions of the Australian Consumer Law, we limit our liability to replacing the Services or the payment of the cost of resupplying the Services.

  1. NO GUARANTEES

Does the Dibs App guarantee its service and outcomes?

Although we will try to make the Dibs App available at all times, occasionally we may be required to perform maintenance that will cause a period of downtime. We will attempt to give you as much notice as possible, unless the outage or downtime is unexpected.

We endeavour to have the most accurate, reliable and up-to-date information on the Dibs App and the website. However, the Dibs App and the website are provided on an “as is” and “as available” basis, and any information or Content we provide is general in nature. To the maximum extent permitted by law (including the Australian Consumer Law), we make no representations or warranties about the Dibs App, the Dibs App website, the Content or the Services. In particular, we do not represent that :

  1. the Dibs App , the website, Content or the Services will be suitable, reliable, complete, entirely secure, accurate or fit for any particular purpose;
  2. you will be entitled to funding to pay for the Dibs App or the Services;
  3. access to the Dibs App, the website or the Services will be uninterrupted, timely, free of any harmful components (including viruses) or other code that is harmful; or
  4. communications or data storage will never experience a failure.

The Dibs App and the website may contain links to third-party websites. The content of third-party websites is developed and provided by others, and we are not responsible for their content. These links are provided solely as a convenience to you and not as an endorsement by us of the content on those other sites.

Any use of or reliance on the Dibs App, the website, the Services or the Content is entirely at your own risk.

  1. PAYING FOR THE DIBS APP

The current pricing for the Dibs App is listed on our website, and may vary according to the subscription that you choose. All prices advertised on the website are in Australian Dollars. If the price attracts any tax (e.g., goods and services tax), it will be added at the point of sale. Although we will endeavour to let you know of changes to prices, ultimately these may change at any time without advance notice to you.

Payment for subscription to the Dibs App and the Services is payable monthly in advance by direct debit from your nominated bank account or credit card. Second and subsequent subscription fees for monthly subscriptions will be debited on the first day of each subsequent month. Failure to pay may result in suspension of access to the Dibs App.

While you may be receiving funding from a third party or government authority (such as the NDIS) to help pay for the Dibs App or the Services, our contract is directly with you. This means you are responsible for paying us in full on the due date for payment, even if your funding is delayed, reduced or not approved or you are otherwise not entitled or able to recover funding to cover your use of the Dibs App or the Services. We do not agree to:

  1. lodge claims with any government authority on your behalf or assist you with your claim;

    1. submit invoices to your plan manager; or

      1. refund your payment if your funding is not approved.

You may cancel the renewal of your subscription using the billing page for the client record.

By submitting payment information, you authorise us to provide that information to third parties (such as our payment platform) to facilitate payment. You agree to verify any information requested by us or our payment platform for the purposes of acknowledging or completing any payment.

You authorise us or our payment platform to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including legal fees and costs, on any outstanding balance.

You warrant when purchasing Services that any credit card or payment information that you provide to us or to our payment platform is accurate and complete and that there are sufficient available/cleared funds in the nominated account to enable the direct debit to be honoured, and any charges incurred by you will be honoured by your financial institution or credit card company. You agree to pay any charges incurred by you, including any taxes, and that if your payment method is not honoured for any reason, you will pay any additional charges that we incur due to the failed payment.

  1. CANCELLATION AND REFUNDS

Can I get a refund if I change my mind?

As access to the Dibs App, the Services and the material on the website is digital, refunds are only available where required by the Australian Consumer Law. There is no cooling off period, and we do not offer refunds because you change your mind. Please read all information carefully before you access the Dibs App or use the Services and these Terms, and contact us if you have any questions.

If we agree or are required by law to grant you a refund:

  1. we will refund your money within 14 days after we become aware of the entitlement to a refund;
  2. we will immediately remove your access to the Dibs App, the website and the Services; and
  3. you must immediately cease using the Dibs App or the Services.

Removal of your access to the Dibs App due to your breach of these Terms does not entitle you to any refund of the price.

How do I cancel my subscription?

You may cancel the renewal of your subscription using billing page of the client record.

  1. TERMINATION AND SURVIVAL

When can you terminate my access to the Dibs App?

In addition to all other rights to change or remove access to the Dibs App, the website or the Services under these Terms and otherwise at law, we may terminate these Terms and remove your access to the Dibs App , the website and the Services:

  1. if you breach the Terms and fail to remedy the breach within 7 days of our written notice to you; or
  2. if the breach is incapable of remedy, immediately without notice in our absolute discretion.

If we terminate your access, all relevant Terms, including indemnities, disclaimers and limitations of liability, will survive the termination.

  1. GENERAL

What laws apply to these Terms?

The Dibs App and the website are based in Western Australia and these Terms are governed by the laws of Western Australia.

These Terms, together with any changes agreed in writing, constitute the entire agreement between us and you in relation to your use of the Dibs App, the website and the Services and supersede all previous communications, negotiations and agreements, whether oral, written or electronic.

If any of these Terms is found to be invalid or unenforceable, that term will be severed. The remainder of the Terms will continue in full force and effect.

What happens if we have a dispute?

If you believe that a dispute has arisen between us in relation to the Dibs App, the Services or these Terms, please contact us in writing so that we can both, acting in good faith, work to resolve the dispute as quickly as possible. If unresolved, disputes must be referred to mediation before legal proceedings can commence.

Effective date: 18 March 2026