By attending an appointment at Neuro Clinic Australia Pty Ltd (ACN 650 617 897) as trustee for the Neuro Clinic Australia Trust trading as “Neuro Clinic Australia” (“Neuro Clinic Australia”) (“we”, “us”, “our”), you agree to be bound by, and abide by, these Terms of Service. We may change these Terms of Service at our discretion and without notice. We may modify, suspend or cancel any appointment or online service at any time. By continuing to engage our Services you accept the Terms of Service as they apply from time to time.
Neuro Clinic Australia Approach
Our commitment to you is based on more than just excellent customer service.
All Services are tailored to you and all such Services must be used by the patient for their individual purposes only.
We are a first contact private practice. This means that private fee-paying patients can access our Services without a medical practitioner referral. If a referral has been provided, please ensure this is provided to us to assist in the provision of the Services.
In consideration for the payment of the Fees, we agree to provide you with the Services in accordance with these Terms of Service.
We provide the following Services:
- examination and treatment services using transcranial magnetic stimulation (TMS) (a non-invasive procedures that uses magnetic fields to stimulate nerve cells in the brain) to improve symptoms in depression, obsessive-compulsive disorders (OCD), anxiety, post-traumatic stress disorders;
- telehealth Services, which are provided through an application/platform as advised by us from time to time; and
- as otherwise advised by us to you
The Services are provided on a non-exclusive basis. We do not engage in the provision of any other Services.
Our Services are not available to patients less than 18 years of age or older than 68 years of age.
We do not recommend patients with a psychotic disorder, such as schizophrenic disorder, schizoaffective disorder, bipolar disease, or major depression with psychotic features use of the Services.
You acknowledge that we will use reasonable endeavours to provide examination and treatment in the provision of the Services based on the information provided by you. We rely upon the information you provide. Accordingly, you agree to:
- answer truthfully any questions prior to the provision of the Services (including where provided in form or online questionnaire);
- disclose to us before and during the provision of the Services in a true, up to date, accurate and complete manner all information that concerns the following:
- any health concerns that you may have;
- any medical conditions you have;
- any symptoms you have;
- any medications taken by you recently;
- your medical history; and
- any other health information that a reasonable person would consider necessary to provide to a professional providing similar Services to those contemplated by these Terms of Service; and
- answer truthfully any questions or follow up questions (including where provided in form or online questionnaire).
If you fail to provide any information in accordance with this section, you acknowledge and agree that the Services provided may not be suitable for you and release and forever hold harmless us from any liability suffered by you as a result of or in any way connected with your failure.
You agree to immediately notify us if any of the information provided changes.
Your use of the Services, and the information you provide to us, must not:
- be false, inaccurate or misleading;
- be fraudulent or deceptive;
- infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy; or
- violate any Applicable Laws.
Prior to and during the Services, we will discuss the nature, options, purpose and risks related to the Services and provide explanations of the Services with you so that you are appropriately informed and can give an appropriately informed consent.
Prior to and during the Services, we request you expressly consent to any examinations, treatment, therapy and diagnostic procedures. As noted above, the information provided by us is given to you to ensure that you fully understand any risks involved. If you do not understand, it is your responsibility to request further clarification.
There are risks related with certain treatments that can increase if we are not made aware of certain facts. You must ensure that they fully disclose that information that you are obligated to provide in accordance with these Terms of Service to us.
You may choose to consent or refuse any form of treatment for any reason. Your consent may be withdrawn at any time.
In connection with the Services, you irrevocably consent to us:
- using your Personal Information for the purpose of contacting you by post, telephone, email or SMS in relation to your treatment, health care, notifying you of upcoming appointments, billing and administrative purposes, promotions, events, research activities or other related purposes;
- disclosing your Personal Information to other health professionals, educational or significant personnel as appropriate, in relation to the delivery of therapeutic Services and /or cross referrals as may be required;
- recording you (and your picture and/or voice and/or performance) on photographs, film, digital media and/or videotape, for audio only, audio and visual and/or visual only reproduction and editing as we thinks fit and using your name and likeness, voice, biographic or other information;
- using, distributing and licensing throughout the world without limitation your Personal Information, your picture and/or voice and/or performance, photographs, and/or video of you audio recordings, likeness, voice or biographic information for treatment, business, operational, communications, consulting, training, educational, promotional, research, invitations, events, fundraising, advocacy or other purposes from time to time, including but not limited to presentations, publications, scientific papers, journals, book chapters, reports, courses, courseware, case studies (commercial and/or educational), illustrations, media releases, online (website and social media) and in any other communication mediums (existing now or in the future);
- passing on and/or licensing throughout the world without limitation your Personal Information as appropriate, your picture and/or voice and/or performance, photographs, and/or video of me, audio recordings, likeness, voice or biographic information to other organisations including but not limited to the other related entities; and
- keeping secret and confidential our Confidential Information.
You acknowledge, understand and agree that:
- no royalty, fee or other compensation will be payable to you by us (or other person) by reason of engaging us to conduct the Services or arising from or related to the above-mentioned consents, uses or licences; and
- all intellectual property rights, title, and interest (including copyright) in any of the above material or work remain the sole property of the us (including our successors, assigns and related bodies corporate).
You acknowledge and agree that you are solely responsible for making your own enquiries and ensuring that any treatment provided by us is appropriate for you. You understand that the nature, options, purpose and risks of the treatment will be explained prior to treatment and that you have an opportunity to discuss with us, the nature, options, purpose and risks of any treatment before participating.
You acknowledge that:
- there are inherent risks associated with the Services;
- you have been informed about the possible Side effects of transcranial magnetic stimulation which may include but are not limited to mild headaches, light-headedness, scalp pain, neck pain, tingling, facial twitching, sleepiness and altered cognition (during treatment);
- you have been informed of the possible strenuous nature of the treatment provided as part of Services and the potential for undesirable physiological results including, but not limited to injury and/or death;
- you are solely responsible for your own health and wellbeing during any type of treatment;
- you are not obligated to perform nor participate in the Services;
- you are able and have the opportunity at any time to seek a further opinion;
- once consent is given, you may expressly withdraw it in respect of the Services, and the Services will cease if consent is withdrawn (to the extent necessary);
- you are solely responsible to refuse such participation or modify such participation in the Services;
- you are solely responsible for following or not following, or making any assessment of any Services;
- failure to follow any treatment may affect the overall results achievable by the Services;
- you are solely responsible for the results you achieve in participating in the Services; and
- while performing the Services you may be injured or die.
If at any time you notice any unanticipated changes to your health (physical, mental or emotional including without limitation feeling lightheaded, faint, dizzy, nauseated or experience pain or discomfort) scalp pain, neck pain, tingling, facial twitching, sleepiness and altered cognition then you will:
- immediately cease participation in any treatments;
- seek medical attention immediately; and
- notify us.
You acknowledge and agree that if at any time you do feel any unanticipated changes, you will obtain a medical clearance before embarking on any further treatment.
If in the unlikely event you are in a life-threatening position, you acknowledge you are solely responsible to immediately call the local emergency number.
In consideration of us providing the Services to you, you must pay to us the Fees in the amounts and on the terms as set out on the website or as otherwise advised in person.
Payment of the Fees for the Services must be made on the same day it is provided. Your attention to ensuring payment had been made after your treatment and before you leave the clinic.
If you fail to pay any amount when due under these Terms of Service, you acknowledge that we may at our discretion:
- suspend the provision of the Services to you, and we will not be responsible for any Loss suffered by you because of this; and/or
- charge you interest calculated at 4% per annum accruing daily and compounded monthly in respect of the overdue amount from the due date for payment up to the date of actual payment of all amounts owed.
Unless otherwise indicated, amounts stated on the website or advised in person do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing an invoice.
All Fees must be paid via electronic funds transfer into the bank account nominated by us or by any other means specified by us. If we permit you to pay by card, then we reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
For drawing arrangement your account will be drawn on within 24 hours of us providing a service to you. We will only arrange for funds to be debited from your nominated account as authorised in the Direct Debit Request. We will only draw for Services that have been provided, not for future Services that you may use. You may vary any detail of the Direct Debit Request at any time by giving us at least 7 days’ written notice. You may cancel this arrangement at any time but must provide us with 7 days’ notice in writing to firstname.lastname@example.org.
You must pay us all Fees and other amounts without set-off or claim under any circumstances, including if a dispute exists in relation to the Services provided.
You must pay to us immediately on demand, payment of all costs incurred by us in collecting any outstanding amounts, including legal fees on a solicitor own client basis.
To the extent permitted by law, all Fees are non-refundable under any circumstances.
Rescheduling and Cancellations
It is your sole responsibility to ensure that you are available for, and attend, any scheduled Services (“Appointments”).
If you attend an Appointment late, but within the designated time period, we reserve the right to provide you with a shorter Appointment (without offering a refund). If you arrive for an Appointment after the designated time period or entirely miss the Appointment, you will not be entitled to reschedule the Appointment and you are not entitled to a refund of any Fees paid with respect to that Appointment. We are not required to reschedule any Services at your request.
Rescheduling of any Appointments is at the sole discretion of us and subject to:
- you having made the request in writing to us at least 24 hours before the scheduled start time of the Appointment; and
- us confirming that the Appointment has been rescheduled.
We reserve the right to reschedule, amend or cancel the Services, and to change or revise the Services at any time. We will endeavour to provide an alternative arrangement where available, and where not, a pro-rata refund of the Fees that relate to the particular Services affected (as calculated by us) will be issued. If changes are made to the Services, we will use reasonable efforts to maintain equivalent standards.
We may subcontract our obligations under these Terms of Service at our sole discretion, including without limitation, providing the Services through third parties.
We (or the licensor) will retain sole title and ownership of any Intellectual Property including in respect of the Services. You acknowledge and agree that no Intellectual Property will be assigned to you whatsoever.
We grant you a revocable, non-exclusive, non-assignable or transferable personal licence to use the Intellectual Property and/or Confidential Information solely for the purpose and to the extent necessary to partake in the Services.
You agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any of the Intellectual Property unless with our prior written consent and with the appropriate third-party authorisation to grant such permission.
Where you provide us with information, you grant to us worldwide, non-revocable, non-exclusive, royalty free licence to use that information solely for the purpose and to the extent necessary in the provision of the Services and as we otherwise determine.
Other than where:
- the Confidential Information is in the public domain, except as a consequence of a breach of these Term of Service;
- expressly agreed by all parties in writing; or
- required by law,
You must at all times:
- treat and keep the Confidential Information confidential;
- not use, or allow the use, of the Confidential Information by any third party; and
- not disclose or allow the disclosure of the Confidential Information or the fact of the disclosure of the Confidential Information to any third party.
If requested by us, you must immediately return all Confidential Information, and any copies of the Confidential Information, to us.
If you breach or threatened a breach of the terms of this section, we will, as between the parties, be entitled to an injunction restraining you from committing any breach of this section without showing or proving actual damage sustained or likely to be sustained by us.
This section shall not merge on the expiry or earlier termination of the Services.
We provide the Services on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms of Service to the maximum extent permitted by law.
You acknowledge and agree that:
- we do not make any representations in relation to the continuing availability of the Services and will not be liable for the Services being unavailable or discontinued;
- we do not promise that the Services will be error-free or uninterrupted;
- we do not guarantee that the use of the Services will provide any specific results;
- we do not guarantee that the use of the Services will provide any side effects;
- although every effort has been made to ensure the Services are complete and accurate, we make no warranties or representations as to the accuracy, currency, suitability, reliability, availability and/or timeliness and assumes no liability or responsibility for any errors or omission in the Services; and
- you assume complete and absolute risk for your use of the Services.
This disclaimer applies to the fullest extent permitted by law and shall survive any termination or expiration of these Terms of Service or your use of the Services.
Subject to the other terms of this section, and to the extent permitted by law, we accept no responsibility for any Loss however caused, which you may suffer in connection with or arising from:
- your use of the Services;
- your participation in any of the Services;
- our use of the information provided by you (or others on your behalf);
- your act’s, omissions and conduct; or
- your reliance on any information.
Nothing in these Terms of Service are intended to have the effect of excluding, restricting, or modifying the application of all or any of the provisions of Part 5-4 of the Australian Consumer Law, or the exercise of a right conferred by such a provision, or any liability of us in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law to a supply of Services.
Where any law (including the Australian Consumer Law) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, our liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the supply of the Services again, or the payment of the cost of having them supplied again.
Subject to the other terms of this section, our liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims be only for economic loss, or for personal injury or other damage) arising under or in connection with these Terms of Service:
- is excluded for:
- any indirect, incidental, special, consequential or exemplary damages that may be incurred by you, howsoever caused and under any theory of liability including but not limited to loss of profit, loss of goodwill or business reputation, loss of data, costs of procurement of substitute goods or Services, or other intangible losses;
- any reliance placed on the Services; or
- any changes made by us to the Services;
- is limited, insofar as concerns other liability, to the greater of:
- the lowest amount permitted by law; or
- the total money paid to us under these Terms of Service in the one-month period preceding the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event).
You indemnify and continue to indemnify us from and against all Losses, claims, expenses, damages and liabilities (including any direct, indirect, special or consequential losses) and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses which arise out of:
- any breach of these Terms of Service by you, including any failure to pay any Fees by the due date for payment;
- your use of the Services;
- the provision of the Services;
- the use or reliance on any information provided by us to you;
- any claims made by third parties against us arising directly or indirectly out of the provision of the Services;
- your violation of any law (including intellectual property rights);
- the enforcement of these Terms of Service;
- any claim made against us a third party arising out of or in connection with the provision of the Services to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance by you; and
- any negligent, fraudulent or criminal act or omission of you or your personnel.
We may terminate these Terms of Service, immediately, at any time by written notice to you including but not limited to, if:
- you fail to pay any Fees due under these Terms of Service by the due date for payment;
- we reasonably believe that your actions may cause legal liability for us or for other patients of the practice/business; or
- we reasonably believe that your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of the Services or us.
Upon termination of these Terms of Service, all amounts payable by you to us become immediately due and owing. For the avoidance of doubt, no refunds of the Fees will be provided in the event of the early termination of these Terms of Service.
Any provision of these Terms of Service which, by its nature, would reasonably be expected to be performed after the termination, shall survive and be enforceable after such termination. Termination of these Terms of Service will be without prejudice to the rights and liabilities of the parties which arose prior to the termination.
If a dispute arises in connection with these Terms of Service, then a party may only deal with that dispute in the manner set out below.
A party to a dispute which arises in connection with these Terms of Service may give to the other party or parties to the dispute a notice specifying the dispute and requiring its resolution under this section.
Within 14 days after a notice under this section (or such longer period as is agreed in writing by the parties to the dispute) each party to the dispute must use its best efforts to resolve the dispute in good faith.
If despite the parties’ best efforts a dispute not resolved within 14 days after notice a party may by notice to the other party or parties to the dispute refer the dispute for mediation to an independent mediator selected by the President of the Law Society of New South Wales who must use their reasonable attempts to resolve the dispute. The parties maybe assisted in the dispute resolution process by external parties (including of a financial, technical or legal nature).
If the dispute is not resolved within 14 days after the appointment of the mediator any party may take legal proceedings to resolve the dispute.
The provisions of this section do not prevent any party from obtaining any injunctive, declaratory or other interlocutory relief from a Court which may be urgently required.
No party has relied on any statement, representation, assurance or warranty made or given by any other party, except as expressly set out in these Terms of Service.
Binding on Successors
These Terms of Service are binding on the parties and their heirs, executors, successors and permitted assigns.
These Terms of Service are governed by the laws of New South Wales and the Commonwealth of Australia which are in force in New South Wales. The parties submit to the jurisdiction of the Courts of New South Wales, relevant Federal Courts and Courts competent to hear appeals from them.
The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under these Terms of Service.
- These Terms of Service contains the entire understanding and agreement between the parties as to the subject matter of these Terms of Service.
- All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this document are merged in this document and are of no further effect.
- No oral explanation or information provided by a party to another affects the meaning or interpretation of this document or constitutes any collateral agreement, warranty or understanding.
No waiver by a party of a provision of these Terms of Service are binding unless made in writing.
If a provision of these Terms of Service is void or unenforceable it must be severed from or read down to the extent necessary from this document and the provisions that are not void or unenforceable are unaffected by the severance.
The rights and remedies of a party to these Terms of Service are in addition to the rights or remedies conferred on the party at law or in equity.
Time of the Essence
Time is in all cases and in every respect of the essence of these Terms of Service.
In these Terms of Service:
“Australian Consumer Law” means as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)
“Applicable Laws” means all legislation, orders, by-laws, regulations and codes made thereunder in any way governing or affecting the Services;
“Confidential Information” of a party means all information (in any form):
- relating to or arising from the Services or anything relating to or arising from the Services;
- that concerns a party’s business operations and which any reasonable person would consider to be of a confidential nature;
- that a party claims as confidential and marks as confidential at the time of disclosure; and
but does not include information that:
- is or becomes independently developed or known by the other party through no breach of these Terms of Service by that party; or
- becomes publicly available without breach of these Terms of Service; or
- is disclosed under a statutory duty of disclosure or otherwise by law.
“Fees” means the fees payable by you to use in accordance with this Terms of Service.
“GST” has the same meaning as in the GST Act.
“GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
“Intellectual Property” means all intellectual property rights, including patents, copyright, trade marks, any right to have Confidential Information kept confidential and any application or right to apply for registration of any of these rights, and includes the following:
- the Services;
- activities delivered by us in connection with the Services;
- presentations, information or data, source codes and other information technology relating to or connected with the Services;
- books and records relating to or connected with the Services;
- advice (including without limitation verbal advices), treatments and recommendations relating to or connected with the Services;
- marketing information relating to or connected with the Services;
- technical information, including trade secrets, drawings, plans, strategies, relating to or connected with the Services;
- licences and authorisations relating to or connected with the Services;
- ideas relating to the Services; and
- all intellectual property rights which are developed by us or acquired by us whether before, during or after the end of the parties mutual dealings.
“Loss” means any loss, liability, cost (including legal costs on a solicitor own client basis), charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
“Services” means the Services provided by us as set out in these Terms of Services.
“website” means the whole or any part of the web pages located at www.neuroclinics.com.au and associated url, social media links/sites (including the lay-out of the website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of the website.)