TERMS & CONDITIONS

A] INFORMATION FOR POTENTIAL SUBSCRIBERS OR REGISTRANTS

Breaking New Ground Pty Ltd ABN 86 089 506 847, trading as BNG NGO Services Online (BNG) provides web-based subscription services which offer online standards compliance and governance resources and support to Australian community and health services providers. The service is aimed at Australian organisations and extends to organisations in New Zealand. 

Subscribers subscribe or register online and access is by user names and passwords issued to individual people within organisations. 

Everyone who uses BNG’s subscription services must accept these terms and conditions for use of BNG’s online services. BNG will rely on a user having registered and activated access to their account as confirmation that they understand and accept these terms and conditions. Any misuse of a service provided by BNG or breach of these terms and conditions may result in cancellation of a subscription without refund or cancellation of an individual user’s registration.

Standards & Performance Pathways and Management Support Online (collectively, “SPP”)

  1. Eligibility:
    SPP accounts are for the use of organisations conducting their own quality standards self-assessments or wishing to use SPP resources to manage quality, risk or compliance within their organisation. Private consultants, universities and tertiary institutions, accrediting agencies and government agencies are not eligible to subscribe to SPP unless a specific agreement has been entered into with BNG. 
  2. Assessments:
    Assessments and tracking information provided on SPP are for the use of organisations conducting the self-assessment component of a quality, service standards or best practice review. Organisations may provide access to their account to external reviewers or auditors for the purpose of completing an assessment against quality or service standards. 
  3. Accreditation:
    SPP does not provide accreditation or certification. Unless explicitly stated in the information about a particular set of quality or service standards, successful completion by the subscribing organisation of an item within SPP does not imply that any external administering, accrediting or regulatory body will accept the evidence provided for the purposes of certification or accreditation. 
  4. Passwords:
    An organisation with a valid subscription to SPP may have a number of registered individual users.  The nominated administrator(s) of an organisation are responsible for authorising other individuals within their organisation to register as users.  Each authorised user must create a password when registering for individual access.

Intellectual Property

BNG owns the intellectual property rights of the SPP platforms and all content created by BNG which is available on SPP, including self-assessments, information sheets, template policies and procedures and all other resources created by BNG.

Subscribers are permitted to print a hard copy of any material available through BNG’s online services for their use within their organisation. Materials that are provided with a “save and use” option may be downloaded and modified or adapted for use within the subscriber’s organisation provided that source identification contained in the footer of these documents is retained within the adapted or modified document. 

BNG cannot and does not grant any permission or authority in respect of the copyright in any material which is posted to BNG’s online services by others or which appears at third-party internet sites and strongly recommends that you refer to the copyright statements at those sites before making use of those materials.

BNG’s privacy policy governs the way BNG may use a subscriber’s information. This privacy policy may be viewed on BNG’s website.

B] ACCEPTANCE OF THE TERMS AND CONDITIONS

  1. Use of BNG’s Services:
    i. Access to BNG’s online services is by an annual subscription payable by the due date or registration to a BNG service paid for by a third party. 
    ii. Subscribers may increase their subscription level at any time, but no refunds will be made for cancelled subscriptions or reduced usage levels. 
    iii. Only password holders (and authorised users) may use BNG’s online services and BNG may refuse to answer enquiries that it believes are not submitted by a legitimate password holder. 
    iv. BNG reserves the right to change the annual subscription fee from time to time. Any such changes will be advised on BNG’s website. 
    v. BNG may wish to update or change these terms and conditions from time to time to reflect changes in its services, changes in the laws affecting its services, or for other good reasons. BNG reserves the right to make these changes and you are responsible for regularly reviewing these terms and conditions. Continued access to BNG’s online services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve BNG’s online services shall be subject to these terms and conditions, as modified from time to time. 
    vi. The subscriber agrees not to interfere with the proper working of BNG’s online services. The subscriber agrees not to do anything that could damage, disable, overburden or impair the online services infrastructure or interfere with any other person’s use and enjoyment of those online services. 
    vii. Subscribers must avoid bringing BNG and its online services into disrepute, avoid any tampering with BNG material and ensure that BNG’s intellectual property rights are protected at all times.
  2. Provision and Use of Information:
    i. The information and resources available in BNG’s online services is of a general nature only, designed principally for not-for-profit community and health services providers operating within Australia and its territories. The information has not been prepared taking into account a particular organisation’s situation or needs.
    ii. Upon cessation of a subscription, BNG reserves the right to charge a fee for the retention and storage of any information and data entered by subscribers online.
    iii. Users may not use any resources, self-assessments or other material available through BNG’s online services for any purpose other than as a source of information for use by their subscribing organisation unless authorised in writing by BNG.
    iv. Users may not reproduce and/or use any resources, self-assessments or other material available through BNG’s online services for the purposes of paid or unpaid work with a third-party organisation, group or individual who is not a current subscriber to BNG’s online services unless authorised in writing by BNG. 
    v. A subscriber who engages a consultant or any other person from outside their organisation (whether that person is paid or not) to assist them in work related to compliance, governance, policy development, risk management or the use of BNG’s online services, must advise BNG in advance of providing that person with access to BNG’s online services. The person must confirm in writing that they will only use BNG’s online services in accordance with these terms and conditions, and in particular, that they will only use BNG’s resources for the subscribing organisation, and for no other party.
    vi. Users must not upload, submit, transmit, or otherwise expose any of BNG’s resources to any open‑source, public, or third‑party artificial intelligence (“AI”) system (including but not limited to large language models, generative artificial intelligence tools, machine‑learning datasets, or similar technologies) without BNG’s prior written consent.
    This prohibition includes any AI system where:
    a. the provider may use, store, train, or fine‑tune models on user‑submitted data;
    b. the provider does not guarantee strict data isolation; or
    c. the provider’s terms allow reuse, redistribution, or derivative use of uploaded materials.
    Users may only use BNG’s resources with AI tools that BNG expressly approves in writing and only in accordance with any conditions we specify.  Any unauthorised use of BNG’s resources with AI systems constitutes a breach of these terms and conditions and an infringement of BNG’s intellectual property rights.
    vii. Information and responses to inquiries are provided to the subscriber on the basis that:
    a. BNG is not responsible for the results of any actions taken as a result of information contained in responses or otherwise provided by BNG, nor for any error in or omission from such information;
    b. BNG is not engaged in providing legal, accounting or other professional advice or services; and
    c. BNG expressly disclaims all and any liability to the subscriber and to any other person in respect of anything done or omitted to be done by any person in reliance, whether wholly or partially, directly or indirectly, on information contained in responses or otherwise provided by BNG.
    viii. BNG makes no representations regarding compliance with laws in any jurisdiction outside the Commonwealth of Australia and it is the obligation of any subscriber that is located outside Australia or that uses the information contained in BNG’s online services outside Australia to ensure complianthe provider may use, store, train, or fine‑tune models on user‑submitted datathe provider does not guarantee strict data isolation; orthe provider’s terms allow reuse, redistribution, or derivative use of uploaded materials.
  3. Limitation of Liability:
    i. BNG is not liable in any way whatsoever to any person or organisation for any loss, damage, liability, cost or expense incurred either directly or indirectly as a result of the use of any resources, self-assessments or other material available through BNG’s online services, or from any unauthorised access to or misuse of BNG’s online services. 
    ii. To the fullest extent permitted by law, BNG specifically disclaims all warranties and representations whether express, implied, statutory or otherwise relating in any way whatsoever to its provision of services under these terms and conditions, including, without limitation, any warranty that the services provided by it are fit for a particular purpose. The subscriber acknowledges that it must exercise and rely upon its own skill in determining whether the services provided by BNG meet its particular requirements. 
    iii. Any liability of BNG (whether in contract, tort or otherwise) arising under or in relation to the provision of services in accordance with these terms and conditions, including under any term implied into these terms and conditions, will be limited, at the option of BNG, to either supplying those services again or the reasonable cost of supplying those services again. 
    iv. Without limiting the effect of any other provision of these terms and conditions, the parties agree that the total liability of BNG to the subscriber arising in any circumstances whatsoever, whether under these terms and conditions or otherwise, will be limited to the amount of the subscription fee paid by the subscriber.
    v. In no event will BNG be liable to the subscriber or any other person for any remote, indirect, consequential, special or incidental damages whatsoever, including without limitation, damages resulting from loss of data, loss of profit or business interruption or damage directly or indirectly caused to computer files through use of BNG’s online services. This limitation will apply even if BNG has been advised of the possibility of such damages.
    vi. Information contained in BNG’s online services may be updated, altered or deleted from time to time and BNG makes no warranty or representation as to the accuracy, reliability, completeness or security of the information contained therein. Changes in circumstances after the date of publication may impact on the accuracy of the information. 
    vii. BNG does not warrant that the provision of its online services or any part of them will be continuous, uninterrupted or error free. From time to time, BNG’s online services may not be available due to upgrades or maintenance. 
    viii. Links to other sites are provided for your convenience only and are not under the control of BNG. BNG accepts no responsibility whatsoever in respect of such sites. Any such links do not constitute or imply an endorsement, approval or recommendation of any third-party website or any other company, product or service or any affiliation between BNG and any other organisation (unless otherwise expressly stated) and no opinion or advice provided on such website should be taken to be that of BNG. 
  4. Liability of Subscribers:
    i. In the event that information and responses to enquiries provided by BNG are used by the subscriber in advising its clients or others, the subscriber uses such information at the subscriber’s own risk. 
    ii. The subscriber indemnifies BNG fully against any liability, loss, action, proceeding, cost, expense, claim and damages whatsoever (including legal fees) which may arise, directly or indirectly, as a result of: 
    a. any breach by the subscriber of these terms and conditions whatsoever;
    b. reliance by the subscriber on any information (including responses to enquiries) obtained from BNG;
    c. reliance by any third party on any assistance or information given by the subscriber, which was derived directly or indirectly from any information (including responses to enquiries) obtained from BNG; and
    d. the use or distribution by any person of material stored in BNG’s online services by the subscriber or from the alteration, modification of or addition to material by the subscriber.
    iii. Subscribers are fully liable for all data and information that they store in BNG’s online services and must not store any material which is unauthorised, fraudulent, offensive, defamatory, inappropriate, in breach of any law, including any intellectual property law or which contains advertising or promotional materials and must not, at any time, impersonate any other person. Any opinions or advice by third parties are the responsibility of those third parties and BNG accepts no responsibility whatsoever. 
    iv. Each part of BNG’s online services, the detailed content and design of its platforms, and all communications from BNG are protected by copyright unless otherwise indicated. BNG reserves all rights in respect of its content. The subscriber agrees not to distribute, copy, reproduce, alter, adapt, modify, translate, create relative works, transmit, store on electronic or other media or otherwise deal with BNG’s content except as permitted in accordance with these terms and conditions or where expressly permitted to do so by BNG. 
    v. The detailed content and design of BNG’s online services are protected by copyright and the subscriber agrees not to, by itself or assisting a third party, attempt to copy or duplicate the content or design of those services. 
    vi. Each individual user is responsible for maintaining the confidentiality of their password and subscribers must ensure that only persons authorised by the organisation access their organisation’s account. Users are responsible for all activities that occur using their password to log in and users must notify BNG immediately of any unauthorised use of their password. BNG is not responsible for any loss that a subscriber may incur as a result of any unauthorised person using a user’s password. BNG reserves the right to audit subscribers for unauthorised use of passwords and/or access to BNG’s online services.
  5. Confidentiality:
    i. No information, feedback, questions or comments placed on BNG’s online services in a public area such as a message board, chat forum or blog by any person other than BNG will be confidential, authorised or otherwise endorsed. 
    ii. BNG undertakes to keep its database of subscriber passwords and user names confidential and to safeguard this information from unauthorised use. 
    iii. Information and data entered by a user online in an area of their account other than the public areas of the site, will be confidential to the password holders for that account.  BNG reserves the right for its authorised staff and web developer to view an organisation’s account and its contents for administrative or audit purposes, and/or in order to resolve any problems of a specific or technical nature that have been identified by a user. 
    iv. As good practice, subscribers are encouraged to maintain a copy of data and information loaded on to BNG’s online services.
  6. Termination:
    i. BNG is entitled to cease providing access to the subscriber and to terminate a subscription by written notice, without prejudice to any other rights it may have against the subscriber, if the subscriber fails to comply with any of these terms and conditions. Where the subscriber is in material breach of these terms and conditions, then access may be ceased and subscription may be terminated immediately. Where the breach is not material and is capable of being remedied, but continues unremedied for 7 days after written notice specifying the breach and requiring remedy is given by BNG to the subscriber then access may be ceased and subscription may be terminated at the end of that 7-day period. 
    ii. BNG is entitled to cease providing access to a subscriber and terminate that subscriber’s subscription immediately upon written notice to the subscriber if BNG reasonably forms the view that the subscriber has permitted any person other than a legitimate password holder to have access to BNG’s online services.
  7. General
    i. The subscriber may not assign, sub-license or otherwise transfer the benefit of a subscription without the prior written consent of BNG. 
    ii. Where the subscriber is an organisation, it is responsible for ensuring that all contact people within that organisation who are issued with a password are aware of, and fully comply with, these terms and conditions.
    iii. All references in this site to “$” or “dollars” are references to Australian currency unless otherwise stated.
    iv. BNG’s online services are operated and controlled in Australia. These terms and conditions will be governed by and construed in accordance with the laws of the State of New South Wales and of the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of New South Wales and of the Commonwealth of Australia in respect of any dispute that arises in connection with these terms and conditions.
We used SPP to prepare for our recent NDIS audit across a range of service areas and it was extremely helpful – to the degree that our auditor said we “exceeded” in several areas! As part of that process, we worked with BNG to build a bespoke internal “Vinnies NDIS” module, to ensure consistency of practices across our many services. We are thrilled with the results and are now using SPP across our whole organisation.
St Vincent de Paul Society (NSW)
Just wanted to let you know we really appreciated your extra effort to get us up-do-date with the new NDIS practice standards. We’ve already received some feedback from our audit, and they were really pleased that we already had a draft guideline to cover High Intensity Daily Personal Activities. Thanks again for your ongoing support – it is appreciated and is making a difference!!
Large multi-service provider, WA
SPP has been a great resource for understanding and mapping Standards, preparing for Audits and also sourcing resources for policy development. I would recommend it to other organisations to complement their quality and compliance work. Information can be easily shared, and evidence gathered to support all work done.
Community mental health service provider, Victoria
I like the speed and ease of SPP, I love how it maps multiple standards. It’s so convenient, I couldn’t imagine the nightmare to do the work manually. The templates are great for gap analysis. SPP resource templates are great for implementing new policies in the office and for what we do day to day.
Large provider of settlement services to immigrants, New South Wales
I have found the SPP system amazing. It provides a structured way to work through the standards and then provide a succinct report on the evidence being provided for a surveyor to view how we meet the standard. I used this in our recent accreditation survey, the auditor was very impressed, AND we are now accredited for ISO 9001. Thanks again. A great system.
Provider of diverse range of health programs, Queensland
We really like SPP. We use the resources in the Reading Room and couldn't have passed our accreditation with flying colours without SPP.
Advocacy, support and education provider, Australian Capital Territory
Everything is going well with SPP. It’s helped us through three lots of accreditation over the past nine months plus some internal auditing, so I’m very glad to have had it to assist us through the processes.
Large regional multi-service provider, Victoria
I just wanted to pass on the compliments we received from the NDIS auditors. We gave them access to SPP to audit our documents and they were amazed and thrilled with the platform. It made their job so easy and they were not aware that a platform like this exists. Just wanted to share this feedback. We've been using SPP now for six years, and we are very happy with it.
Home Care and Disability Services Provider, New South Wales
Hi BNG, I love you guys! Thanks for all the updates, they are great!!! I am madly getting ready for audit and couldn’t do it without you.
Community transport provider, New South Wales
Hi James, I'd just like to say that working with you and your colleagues at BNG/SPP has been nothing short of excellent. Your professionalism, the quality of your product and your amazing customer service have been so completely refreshing!
Large provider of homelessness services, Victoria
The portal has really improved our ability to conduct self-assessments, and helped to reduce risk through greater visibility against other accreditation standards. Another terrific benefit is access to all of the templates and evidence guides in the Reading Room, as well as the regular alerts about new resources or industry changes, to make sure we keep up to date.
Baptcare, Victoria
We just had our first certification audit under NDIS Quality Safeguards Standard last week, the auditor loved the portal. Keep up the excellent work!
Large provider of supports to adults with a disability, Victoria
Thanks again for all the amazing support you and the team offer – makes our job so easy having such a stable tool to work on with our clients.
Provider of accreditation and governance services
I just wanted to let you know that we've now completed our ASES accreditation! A big thank you to the team at BNG!
NSW homelessness service provider
Hello Team, we've just had our NDIS recertification audit. We used SPP to prepare and it placed us in good stead. We will continue to do a gap analysis every 6 months and we will be using SPP to ensure that we are across the latest requirements. Thank you again for providing such a good platform and such a helpful tool to enable providers to deliver the best care for participants.
Large disability home services provider, Vic