Terms and Conditions

Empower and Shine Pty Ltd  |  ABN 36 407 809 790  |  NDIS 4050138437  |  Cranbourne VIC 3977  |  Last Updated: July 2026

1. Introduction

These Terms & Conditions (“Terms”) govern the use of services, website, communications, and all dealings with Empower and Shine Pty Ltd (“Empower and Shine”, “we”, “us”, “our”). By accessing our services, entering into a Service Agreement, or using our website at empowerandshine.com.au, you agree to be bound by these Terms.

We encourage you to read these Terms carefully. If you require support or guidance in understanding these Terms, please contact us — we are here to help. If you do not agree to these Terms, please do not use our website or services.

These Terms should be read in conjunction with our Privacy Policy and any Service Agreement you enter into with us.

2. About Empower and Shine

Empower and Shine is a premium NDIS service provider based in Cranbourne, VIC 3977, serving participants across South East Melbourne and the City of Casey. Founded by Mohan and Karaaj Vig, we are a family-run provider that stays personally close to every family we support. We specialise in empowering young adults (15–20 years) and their families through tailored, achievement-focused disability support services.

Our approach is built on the belief that every young person deserves the opportunity to achieve their life goals. We deliver person-centred supports that promote independence, dignity, skill development, and community participation — always with warmth, professionalism, and excellence.

Empower and Shine delivers premium services to participants who already have NDIS funding. We welcome self-managed, plan-managed, and NDIA-managed participants.

Empower and Shine is registered with the NDIS Quality and Safeguards Commission and complies with all applicable registration requirements, including the NDIS Practice Standards and NDIS Code of Conduct.

“Empowerment through Achievement” — Our core brand tagline. We are an achievement partner, not just a service provider.

3. Definitions

In these Terms, unless the context otherwise requires:

  • “NDIS” means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth).
  • “NDIA” means the National Disability Insurance Agency.
  • “Participant” means an NDIS participant who receives services from Empower and Shine.
  • “Representative” means a parent, guardian, nominee, plan manager, or authorised representative acting on behalf of a Participant.
  • “Service Agreement” means the written agreement between Empower and Shine and a Participant outlining the specific supports to be provided, costs, and other particulars.
  • “Supports” means the NDIS-funded services and supports provided by Empower and Shine to a Participant.
  • “NDIS Pricing Arrangements” means the NDIS Pricing Arrangements and Price Limits published by the NDIA, as updated from time to time.
  • “Website” means empowerandshine.com.au and any associated digital platforms operated by Empower and Shine.

4. NDIS Service Provision & Service Agreements

4.1 Registered Provider Status

Empower and Shine is a registered NDIS provider. We comply with all applicable registration requirements, including the NDIS Practice Standards, the NDIS Code of Conduct, and the National Disability Insurance Scheme Act 2013 (Cth).

4.2 Service Agreements

A written Service Agreement must be in place before any Supports are delivered. The Service Agreement may be signed by:

  • The Participant
  • A parent, guardian, nominee, or authorised Representative
  • A Plan Manager or legal representative

Each Service Agreement will outline:

  • The type, frequency, and duration of Supports to be provided
  • Costs, pricing, and billing method
  • Rights and responsibilities of both parties
  • Cancellation terms
  • Complaints and feedback processes
  • Any special conditions relevant to the specific Supports

4.3 Participant Rights

As a Participant receiving our services, you have the right to:

  • Be treated with dignity, respect, and courtesy at all times
  • Receive quality Supports that meet the NDIS Practice Standards
  • Have your privacy and confidentiality maintained
  • Make informed choices about your Supports and exercise choice and control
  • Request changes to your Supports or terminate services in accordance with your Service Agreement
  • Provide feedback or make complaints without fear of retribution or negative consequences
  • Access an advocate or support person of your choice
  • Receive services in a culturally safe and inclusive manner

4.4 Service Bookings

Where your NDIS plan is NDIA-managed, you authorise Empower and Shine to create and manage Service Bookings in the myPlace portal (or its equivalent) as necessary to facilitate the delivery of Supports. For participants who have transitioned to the PACE system, you agree to record Empower and Shine as a “My Provider” where applicable.

4.5 Payment Methods

Supports will be claimed in accordance with your chosen payment method:

  • Self-Managed: We will provide invoices for you to process payment through the NDIS portal.
  • Plan-Managed: We will send invoices to your registered Plan Manager for payment.
  • NDIA-Managed: We will claim payment directly from the NDIA for Supports delivered.

5. Service Eligibility

To access services from Empower and Shine, you must:

  • Be an NDIS participant with an approved NDIS plan
  • Have sufficient funding in the relevant support categories of your NDIS plan
  • Provide accurate personal, medical, and plan information
  • Agree to and sign all required consent, intake, and Service Agreement documents
  • Comply with all lawful and reasonable directions during service delivery

Empower and Shine reserves the right to decline or withdraw service if:

  • Safety risks cannot be reasonably managed within our capacity
  • There is violence, aggression, harassment, or abusive conduct toward our staff
  • Funding is insufficient or unavailable to cover the agreed Supports
  • Policy, legal, or ethical conditions cannot be met

6. Fees, Billing & Payments

6.1 Pricing

All Supports are charged in accordance with the current NDIS Pricing Arrangements and Price Limits in force at the date of service delivery. If the NDIA updates the NDIS Pricing Arrangements, the new rates will apply automatically from the effective date.

Empower and Shine charges premium-tier rates (NDIS price guide + 20–40%) for premium services reflecting exceptional staff quality, measurable outcomes, premium environments, and concierge-level service. All prices are in accordance with the NDIS Pricing Arrangements and are GST-exempt for NDIS-funded Supports unless otherwise stated.

6.2 Additional Costs

Any additional costs not covered by NDIS funding — such as entrance fees, event tickets, meals, transport costs (tolls, parking), and activity-specific expenses — will be your responsibility unless otherwise agreed in writing. These costs will be clearly communicated and agreed upon before they are incurred.

6.3 Travel and Transport

Where Empower and Shine agrees to provide transport Supports or travel to your location to deliver Supports, we may charge for travel time (up to the maximum permitted under the NDIS Pricing Arrangements) and a reasonable contribution to vehicle running costs. These charges will be outlined in your Service Agreement.

6.4 Establishment Fee

In accordance with the NDIS Pricing Arrangements, an establishment fee may be charged where we assist with the implementation of your NDIS plan and agreed Supports involve 20 hours or more per month for three or more consecutive months across applicable registration groups.

6.5 Non-Face-to-Face Supports

Where Empower and Shine delivers Non-Face-to-Face Supports — such as liaising with other providers, advocacy, progress reporting, or care coordination — these will be claimed in accordance with the NDIS Pricing Arrangements at the relevant support item in 15-minute increments, unless otherwise specified.

6.6 NDIA-Requested Reports

Where the NDIA requests progress reports, plan review reports, or other documentation, Empower and Shine will complete these reports and charge in accordance with the NDIS Pricing Arrangements at the applicable hourly rate for the relevant support item.

6.7 Telehealth Services

Where appropriate and agreed, Supports may be delivered via telehealth (phone or video). Telehealth services will be claimed at the relevant support item subject to NDIS Pricing Arrangements rules.

6.8 Invoicing and Payment

Empower and Shine will seek payment for Supports after delivery. Invoices will accurately reflect the length, frequency, and type of Supports provided. If you are self-managed or plan-managed, payment is due within 14 days of the invoice date unless otherwise agreed in writing.

6.9 Late or Non-Payment

If payment is not received within the agreed terms, Empower and Shine may:

  • Pause services until payment is received
  • Charge late fees or recovery costs in accordance with applicable law
  • Refer unpaid invoices to a debt collection agency

6.10 Insufficient NDIS Funds

It is your responsibility to ensure sufficient NDIS funding is available to cover the agreed Supports. If funding is insufficient, we will contact you to discuss alternative arrangements. You agree to pay for any Supports already delivered where NDIS funding is not available.

7. Cancellation & No-Show Policy

7.1 Notice Period

We understand that circumstances change. To cancel or reschedule a scheduled support, we require a minimum of 7 days’ notice (unless otherwise specified in your Service Agreement). Cancellations must be made by phone or email to our office — messages to individual staff members may not be recorded as valid notice.

7.2 Short-Notice Cancellations and No-Shows

If the required notice is not given, you may be charged up to 100% of the scheduled service cost. This includes:

  • Cancellations made with less than 7 days’ notice
  • Failure to attend a scheduled support (no-show)
  • Early termination of a scheduled support session

7.3 Repeated Cancellations

Repeated cancellations or pattern of late notice may result in a review of your Service Agreement and, where necessary, suspension of services.

7.4 Our Right to Cancel

Empower and Shine reserves the right to cancel or reschedule services due to:

  • Staff illness or unavailability
  • Extreme weather or emergency events
  • Unsafe environments or conditions
  • Circumstances beyond our reasonable control

In such cases, no cancellation fee will be charged.

8. Participant Responsibilities

You agree to:

  • Treat our staff, contractors, and other participants with courtesy and respect
  • Provide accurate and up-to-date personal, medical, and plan information
  • Notify us promptly of any changes to your NDIS plan, contact details, or circumstances
  • Ensure the environment is safe for service delivery (for in-home Supports)
  • Disclose any medical, behavioural, or environmental risks that may affect service delivery
  • Notify us of any illness, infection, or behavioural concerns before scheduled Supports
  • Follow lawful and reasonable instructions from our staff during service delivery
  • Not engage in unsafe, aggressive, threatening, discriminatory, or unlawful behaviour
  • Keep track of your NDIS funding and ensure sufficient funds are available
  • Inform us of how your Supports will be paid for (self-managed, plan-managed, or NDIA-managed)

9. Our Responsibilities

Empower and Shine agrees to:

  • Provide Supports with care, skill, professionalism, and respect
  • Deliver Services in a person-centred manner that promotes your goals and aspirations
  • Comply with the NDIS Practice Standards, NDIS Code of Conduct, and all applicable laws
  • Maintain current worker screening checks, police checks, training, and insurance for all staff
  • Protect your privacy and personal information in accordance with the Privacy Act 1988 (Cth)
  • Communicate openly, honestly, and in a timely manner about all matters relating to your Supports
  • Respond to feedback, incidents, complaints, and risks promptly and professionally
  • Ensure staff are appropriately qualified, trained, and supervised
  • Provide services in a culturally safe and inclusive manner
  • Respect your rights, choices, and decisions at all times
  • Keep accurate records of all Supports provided
  • Maintain appropriate insurance coverage, including public liability and professional indemnity

10. Privacy & Confidentiality

10.1 Collection and Use

Empower and Shine is committed to protecting your privacy. We collect, store, and use your personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy.

We collect personal information necessary to provide our services, including:

  • Contact details (name, address, phone, email)
  • Health and medical information
  • Information about your disability and support needs
  • NDIS plan details and funding information
  • Financial information for billing and claiming purposes
  • Photos or videos (with your explicit consent)

10.2 Confidentiality

We maintain strict confidentiality of all personal and sensitive information. We will not disclose your information to third parties except:

  • With your consent
  • Where required or authorised by law
  • To third parties involved in providing your Supports (e.g., other healthcare providers)
  • As necessary to claim payment for services (NDIA, Plan Manager)
  • For quality assurance, compliance, or audit purposes (including NDIS Quality and Safeguards Commission)

10.3 Data Security and Retention

We implement appropriate technical, organisational, and physical safeguards to protect your information. Records are kept securely for a minimum of seven (7) years after you cease receiving services, or longer if required by law.

10.4 Access and Correction

You have the right to access and request correction of your personal information held by us. Please contact us to make such a request.

11. Risk, Safety & Duty of Care

11.1 Our Commitment

Empower and Shine is committed to providing safe, high-quality Supports. We undertake all reasonable steps to identify, assess, and manage risks to Participants and staff.

11.2 Participant Responsibilities

To ensure everyone’s safety, you agree to:

  • Disclose all known medical, behavioural, and environmental risks before and during service delivery
  • Ensure the service environment is safe (for in-home Supports)
  • Notify us immediately of any incidents, injuries, or changes in condition

11.3 Limitations

  • Empower and Shine does not provide emergency medical services. In an emergency, please call 000.
  • We may refuse to provide services in environments we reasonably consider unsafe.
  • Participants remain responsible for their own decisions and behaviour.
  • We are not liable for harm caused by failure to follow professional advice or lawful instructions.

11.4 Incident Management

Empower and Shine maintains an incident management system in accordance with the NDIS Incident Management and Reportable Incidents Rules. All incidents will be recorded, managed, and reported to the NDIS Quality and Safeguards Commission as required by law.

11.5 Emergency and Disaster Management

We will work with you to ensure adequate planning is in place for emergencies, disasters, and other situations that may impact service delivery.

12. Complaints, Feedback & Dispute Resolution

12.1 We Value Your Feedback

Your feedback helps us improve. We encourage you to share your thoughts, compliments, or concerns about our services.

12.2 Making a Complaint

If you have a complaint or concern, please contact us directly:

We will acknowledge your complaint within 2 business days and work to resolve it promptly, fairly, and confidentially.

12.3 Your Rights

You have the right to:

  • Have your complaint taken seriously and addressed promptly
  • Be treated with respect throughout the process
  • Have your complaint handled confidentially
  • Involve an advocate or support person of your choice
  • Receive a clear outcome and explanation

12.4 External Review

If you are not satisfied with our response, you may contact:

  • NDIS Quality and Safeguards Commission
    Phone: 1800 035 544 (free call)
    Website: www.ndiscommission.gov.au
  • Office of the Australian Information Commissioner (OAIC)
    Phone: 1300 363 992
    Website: www.oaic.gov.au
  • Disability Advocate — Contact your local disability advocacy service for independent support.

13. Website Use & Intellectual Property

13.1 General Use

Our website is provided for lawful purposes. By using our website, you agree not to:

  • Use the website in any way that violates applicable laws or regulations
  • Attempt to gain unauthorised access to any part of the website or connected systems
  • Transmit malware, viruses, or other harmful code
  • Interfere with the proper functioning of the website
  • Impersonate any person or entity
  • Copy, reproduce, or commercially exploit website content without our written permission

13.2 Intellectual Property

All content on our website — including text, graphics, logos, images, audio, video, and software — is the property of Empower and Shine or its content suppliers and is protected by Australian and international copyright and intellectual property laws.

You may view, download, and print content for personal, non-commercial use only, provided you do not modify or remove any copyright or proprietary notices.

13.3 Third-Party Links

Our website may contain links to third-party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites.

13.4 Disclaimer

Information provided on our website is for general informational purposes only and does not constitute medical, legal, or financial advice.

14. Limitation of Liability & Indemnity

14.1 Limitation of Liability

To the maximum extent permitted by law:

  • Empower and Shine excludes all implied conditions and warranties except those that cannot be lawfully excluded
  • Where liability for breach of a non-excludable condition or warranty cannot be excluded, our liability is limited, at our option, to the supply of the services again or payment of the cost of having the services supplied again
  • Empower and Shine will not be liable for any indirect, special, or consequential loss or damage arising from your use of our website or services, including loss of profits, business interruption, or loss of data
  • We are not liable for third-party provider errors, delays, or failure to act

14.2 Indemnity

You agree to indemnify and hold harmless Empower and Shine, its directors, officers, employees, and agents from and against any claims, actions, demands, liabilities, judgments, and settlements — including reasonable legal fees — resulting from or alleged to result from:

  • Your use of our website or services in a manner that violates these Terms
  • Misuse of services, non-disclosure of relevant information, or unsafe conduct
  • Breach of these Terms by you or your Representative

15. Termination of Services

15.1 Termination by Notice

Either party may end a Service Agreement by providing 14 days’ written notice to the other party, unless otherwise specified in the Service Agreement. We will work with you to ensure a smooth transition to an alternative provider if needed.

15.2 Immediate Termination

Empower and Shine may terminate a Service Agreement immediately, without notice, in circumstances including:

  • Threats, violence, aggression, or abuse toward our staff or others
  • Fraud, unlawful activity, or material breach of these Terms
  • Serious safety or ethical breaches that put staff or others at risk
  • Non-payment of outstanding invoices after reasonable notice
  • Unsafe environment that cannot be reasonably managed

15.3 Obligations on Termination

All unpaid charges for Supports delivered up to the date of termination remain payable. Upon termination, we will provide you with a final statement and any records you are entitled to receive.

16. Conflict of Interest

Empower and Shine is committed to providing impartial, participant-centred services. We will:

  • Identify, disclose, and manage any actual, perceived, or potential conflicts of interest
  • Provide information about alternative providers if a conflict arises
  • Ensure you retain full choice and control over your Supports
  • Not offer any benefit, reward, or detriment based on your decisions
  • Comply with the NDIS Code of Conduct requirements regarding conflicts of interest

17. Changes to These Terms

We may modify these Terms at any time by posting the revised version on our website. Where changes are significant or may affect your rights, we will provide you with reasonable notice.

Your continued use of our website or services after we post modifications constitutes your acknowledgment and acceptance of the updated Terms. If you do not agree with any changes, you may terminate your Service Agreement in accordance with clause 15.

18. Governing Law

These Terms are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for the resolution of any disputes arising out of these Terms or your use of our website or services.

18.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

18.2 Entire Agreement

These Terms, together with your Service Agreement and our Privacy Policy, constitute the entire agreement between you and Empower and Shine regarding the provision of Supports and supersede any prior agreements, understandings, or representations.

19. Contact Information

If you have any questions about these Terms, our services, or would like a copy of our Privacy Policy, please contact us:

  • Business Name: Empower and Shine Pty Ltd
  • ABN: 36 407 809 790
  • NDIS Provider Number: 4050138437
  • Website: empowerandshine.com.au
  • Address: 7 Ferndown Drive, Cranbourne VIC 3977
  • Phone: 0449 121 812
  • Email: support@empowerandshine.com.au
  • Hours: Monday to Friday, 9am – 4pm