Terms of Service

These terms govern your use of Dallo. By subscribing to the platform, or by using it, you agree to them. If you are agreeing on behalf of an organisation, you are confirming that you have the authority to bind it.

Dallo is operated by HCPA Pty Ltd. If you do not agree to these terms, do not use the platform.

Definitions

Dallo, we, us, our

HCPA Pty Ltd, which operates the Dallo platform.

You, your, subscriber

The organisation that subscribes to Dallo, and every person who uses the platform under that subscription.

The platform

The Dallo software, this website, and everything we provide through them.

Your data

Everything you or your people put into the platform, and everything the platform produces from it: policies, procedures, incident and complaint records, training and screening evidence, and the reports built out of them.

Subscription

The plan you are on, the term it runs for, and the fees that go with it.

What Dallo does

Dallo is subscription software for providers in regulated sectors. It sets up your entity and registration, drafts your policies and procedures from your answers, checks your records against the standards that apply to you, tells you where there is a gap, and assembles the evidence an audit asks for.

What it is not. Dallo is not a law firm, a consultancy, an auditor or an approved quality auditor, and nothing it produces is legal, financial or professional advice. It does not replace professional judgement, and it does not decide anything on your behalf. What the platform produces is a draft and a prompt to act. A person in your organisation reviews it, approves it, and remains accountable for it.

Using Dallo does not guarantee that you will pass an audit, gain or keep registration, or satisfy a regulator. Those outcomes depend on how you actually run your service, which is outside our control.

Your account

You must be at least 18 and legally able to enter a contract. You are responsible for everything done under your account, for keeping your credentials secure, and for telling us promptly if you think an account has been compromised. Each set of credentials belongs to one person; they are not to be shared.

Subscriptions, fees and payment

Fees are as quoted to you or as set out on our pricing page, in Australian dollars and exclusive of GST unless stated otherwise. Subscriptions are billed in advance and renew automatically for the same term until cancelled.

You authorise us to charge the payment method you give us. If a payment fails, we may suspend access until it is resolved. We can change our fees on thirty days' notice, and a change takes effect at your next renewal. If you do not accept it, you can cancel before the renewal.

A new subscription can be cancelled for a full refund within fourteen days of the first payment. After that, fees already paid are not refundable, and cancelling part way through a period does not produce a pro-rata refund. Nothing here limits your rights under the Australian Consumer Law.

Your data

Your data is yours. You keep all right, title and interest in it. We do not sell it, and we do not share your compliance records with other clients or with your competitors.

You grant us the licence we need to run the service: to host, process, transmit, back up and display your data so that the platform can do what you are paying it to do. That licence exists for your benefit and ends when your data is deleted.

You can export your data at any time while your subscription is active, and for ninety days after it ends. After that we may delete it, subject to anything we are legally required to retain. How we handle personal information, including health information, is set out in our privacy policy.

Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it at least as carefully as we protect our own. This does not apply to information that is already public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law. These obligations continue for five years after the agreement ends.

What you are responsible for

• Giving us accurate information, and keeping it current.
• Making sure the records you put into the platform are true and complete. We check them against a standard; we cannot check them against reality.
• Reviewing and approving anything the platform drafts before you rely on it, publish it, or give it to an auditor or a regulator.
• Meeting your own obligations under the NDIS Practice Standards, the Aged Care Quality Standards, and every other law and standard that applies to you.
• Keeping your own copies of records you are required to retain.
• Making sure the people you give access to understand these terms.

Acceptable use

• Do not use the platform for anything unlawful, or to help anyone else do so.
• Do not upload material you have no right to upload, or that infringes someone else's rights.
• Do not upload malware, or try to break, probe or overload the platform.
• Do not try to reach an account, a record or a system you have not been given access to.
• Do not copy, decompile or reverse engineer the platform, or build a competing product out of it.
• Do not resell, sublicense or share your access outside your organisation.
• Do not scrape the platform, or use it to train a machine learning model.
• Do not falsify a compliance record, or use the platform to misrepresent your standing to a regulator, an auditor or a participant.

We may suspend or end access if the platform is being used this way, and where the law requires it we will report it.

Intellectual property

The platform, and everything in it other than your data, belongs to us or to our licensors: the software, the compliance frameworks and checks, the templates, the interface, the documentation and the Dallo name and marks. Your subscription gives you a non-exclusive, non-transferable right to use the platform for your own business while it is current, and nothing more.

Documents the platform drafts for you from your own information are yours to use in your business. The underlying templates and the system that produced them are not.

If you send us feedback or a suggestion, we can use it to improve the product without owing you anything for it.

Availability and support

We aim to keep the platform available and to resolve problems quickly, and we will give reasonable notice of planned maintenance where we can. We do not warrant that the service will be uninterrupted or error free. Access may be affected by maintenance, by a fault, or by something outside our reasonable control.

Limitation of liability

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied.

Otherwise, and to the extent the law allows: neither party is liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill or anticipated savings. Our total liability arising out of or in connection with this agreement is capped at the fees you paid us in the twelve months before the event giving rise to the claim.

We are not liable for a regulatory outcome, an audit result, a penalty or a loss of registration. Those follow from how your service is run and from decisions your people make, including decisions to accept or reject something the platform drafted.

Indemnity

You indemnify us against claims, losses and reasonable costs arising from your use of the platform in breach of these terms, from your data where it infringes someone's rights or breaks the law, and from your own failure to meet your regulatory obligations.

Ending the agreement

• You can cancel at any time. Your subscription runs to the end of the period you have paid for, and is not renewed.
• We can end the agreement on thirty days' notice.
• We can suspend or end it immediately if you breach these terms seriously, if you do not pay, or if the law requires it.

When the agreement ends, your access stops, any fees owing become payable, and you have ninety days to export your data. The clauses that are meant to outlast it, including confidentiality, intellectual property, liability and indemnity, continue.

Resolving a dispute

Talk to us first. Email [email protected] with what has gone wrong and what you want done about it, and we will work with you in good faith for thirty days to sort it out.

If that does not resolve it, the dispute goes to mediation, and if mediation does not resolve it, to arbitration under the rules of the Australian Centre for International Commercial Arbitration, seated in Sydney, NSW. Either of us can still go to court for urgent injunctive relief, and nothing here stops you taking a complaint to a regulator or an ombudsman.

Governing law

These terms are governed by the laws of NSW, Australia, and the courts of that state have jurisdiction.

Changes to these terms

We may update these terms. Where a change materially affects you we will give at least thirty days' notice by email or in the platform, and the date at the top of this page shows when it last changed. Continuing to use the platform after a change takes effect means you accept it. If you do not, you can cancel before it does.

General

These terms, with our privacy policy and the order or plan you signed up on, are the whole agreement between us. If one clause is unenforceable, the rest stand. Not enforcing something straight away does not waive it. You cannot assign this agreement without our consent; we can assign it in a sale or restructure of the business. Neither of us is liable for a delay caused by something genuinely outside our reasonable control.

Contact

Questions about these terms go to [email protected], or through the contact page.