Terms of Service
Elitiphy
Terms of Service
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1. Definitions
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"Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Contract, either party’s intellectual property, operational information, know-how, trade secrets, financial and commercial affairs, Contracts, client information (including but not limited to, “Personal Information” such as: name, address, D.O.B, occupation, driver’s license details, electronic contact (email, Facebook or Twitter details), Medicare details, medical insurance details or next of kin and other contact information (where applicable), and credit card details.
“Contract” means the terms and conditions contained herein, together with any quotation, order, invoice or other document or amendments expressed to be supplemental to this Contract.
“Client” means the person/s, entities or any person acting on behalf of and with the authority of the Client requesting the Health Professional to provide the Services as specified in any proposal, plan, quotation, order, invoice, or other documentation.
“Services” means all Goods or Services supplied by the Health Professional to the Client (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
“GST” means Goods and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999”).
“Price” means the Price payable (plus any GST where applicable) for the Services as agreed between the Health Professional and the Client in accordance with clause 5 below.
“Health Professional” means Sunshine Primary Health Pty Ltd T/A Elitiphy, its successors, agents, subcontractors, and assigns or any person acting on behalf of and with the authority of Sunshine Primary Health Pty Ltd T/A Elitiphy.
2. Acceptance
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2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Client places an order for or accepts delivery of the Services. In the event of any inconsistency between the terms and conditions of this Contract and any other prior document or schedule that the parties have entered into, the terms of this Contract shall prevail. Any amendment to the terms and conditions contained in this Contract may only be amended in writing by the consent of both parties.
2.2 The Client acknowledges that the supply: any advice, recommendation, information, assistance, or service provided by the Health Professional in relation to Services supplied is given in good faith to the Client, or the Client’s agent and is based on the Health Professional’s own knowledge and experience and shall be accepted without liability on the part of the Health Professional. The Health Professional shall not be liable in any way whatsoever for any damages or losses that occur after any subsequent commencement of the Services.
2.3 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions (Victoria) Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
2.4 The Client acknowledges that the Health Professional may (for the duration of the Services) liaise directly with one (1) other authorised Health Professional or affiliated assistant/individual, and that once introduced as such to the Health Professional, that person shall have the full authority of the Client to provide any Services and/or to request any variation thereto on the Client’s behalf. The Client accepts that they will be solely liable to the other authorised Health Professional or affiliated assistant/individual for all additional costs.
3. Privacy Policy
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The Health Professional will keep the Client’s personal details, including credit card details, for only as long as is deemed necessary by the Health Professional. The Health Professional must not disclose the Client’s Credit Card, Medicare, and Confidential Information to any third party; and not unnecessarily disclose any of the Client’s Confidential Information, except in accordance with the Privacy Act or where required by law.
4. Accessing Personal Information
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4.1 It is the Client’s responsibility to advise the Health Professional of any changes to the Client’s personal details to ensure records are accurate and up to date. If the Client believes that their personal information and records are inaccurate, the Client is entitled and encouraged to request amendment of such information. The Client may also request that the Health Professional delete the Client’s personal information. Please note that the Health Professional may not be able to provide Services for the Client if the Client’s personal information is deleted.
4.2 If the Client requests the Health Professional not to use the Client’s personal information in a particular manner or at all, the Health Professional will adopt reasonable measures to observe the Client’s request. The Health Professional may, to the extent permitted by law, still use or disclose the Client’s personal information if the Client subsequently consents to the disclosure or Health Professional believes the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law.
5. Payment
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5.1 Payment may be made by cash, electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Client and the Health Professional. This also includes Payment in conjunction with a third-party intermediator or insurance provider which offsets the invoice.
5.2 At the Health Professional’s discretion the Price shall be either: (a) as indicated on invoices provided by the Health Professional to the Client in respect of Services performed or Materials supplied; or (b) the Price as at the date of delivery of the Services according to the Health Professional’s current Price list; or (c) the Health Professional’s quoted Price which shall be binding provided that the Client accepts the Health Professional’s quotation in writing.
5.3 The Client expressly agrees that, if pursuant to this Contract, there are any unpaid charges or amounts due, the Health Professional is irrevocably authorised to complete any documentation and take any action to recover from the credit card issuer all amounts which may be due by the Client pursuant to the terms and conditions of this Contract.
6. Short Notice Cancellations
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6.1 The Health Professional provides a premium healthcare service. If you the Client need to change or cancel your appointment, we request a full 24 hours of notice, otherwise an administration Fee will be charged at the Health Professional’s discretion. The Health Professional will charge 50% of the appointment Fee when less than 24 hours of notice has been advised or the Client fails to arrive at their scheduled appointment. This is considered a short notice cancellation.
6.2 If the Client arrives late to an appointment, but within the Client’s appointed time slot, the Client may receive a shorter consultation in an effort not to inconvenience the other clients. This is also at the Health Professional’s discretion. If the Client arrives after or entirely misses an appointment, 50% of the consultation will be charged to the Client.
7. Indemnity
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7.1 The Client agrees to indemnity and keep Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents and subcontractors, or any third party, which arises as a result of the Client’s breach of these Terms and Conditions of Service or as a result.
7.2 The Client agrees to indemnity and hold Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents, and subcontractors, harmless against all demands, claims, causes of action, interest, and costs which Sunshine Primary Health Pty Ltd, its’ employees, agents, and subcontractors, may suffer as a result of the Client’s negligent actions and omissions.
7.3 The Client agrees to indemnify Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents, and subcontractors, against all liability for loss, costs, damages, interest, and expenses (including all legal costs incurred by Sunshine Primary Health Pty Ltd on a full indemnity basis) which may be paid by Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents, and subcontractors, in connection with any proceedings commenced by any person against Sunshine Primary Health Pty Ltd in any way relating to the Client’s conduct. Any such amounts will be payable by the Client on demand by Sunshine Primary Health Pty Ltd.
7.4 The Client hereby requests and gives consent to the Health Professional to perform all necessary examinations, therapy, manipulations, minor surgical procedures, dry needling, cupping therapy, rehabilitation, and medical diagnostic procedures in accordance with the Health Professional’s training and understanding of the Client’s injury.
7.5 The Client understands that the Client has prior opportunity to discuss with the Health Professional the nature and purpose of the Client’s treatment before any treatment is rendered.
7.6 The Client acknowledges and accepts the following: (a) The physical nature of physiotherapy, podiatry, massage therapy and related treatments. (b) The adverse risks associated with treatment, including stiffness and soreness, soft tissue injury, neurological complications, cerebrovascular injuries, skin irritations, burns and other minor complications. (c) The Client has the right to receive Services from the Health Professional of the Client’s choice, refuse intervention or seek a further opinion and to provide feedback and make a complaint.
7.7 Based on demand, the Health Professional may allocate an authorised Health Professional or affiliated assistant/individual to undergo and perform Services on their behalf.
8. Exclusion of Liability
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Sunshine Primary Health Pty Ltd, Its’ Director/s, employees, agents, and subcontractors shall not be liable for, nor shall It accept any responsibility for any injury, loss or damage sustained by any person or persons arising out of any of the treatments or procedures delivered in this practice or in any way whatsoever which does not arise from any negligent act or omission of the Director/s, employees agents, and subcontractors.
9. Variations
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The Client agrees to be bound by the latest version of Sunshine Primary Health Pty Ltd.’s Terms and Conditions of Service. Sunshine Primary Health Pty Ltd may vary, amend, or add to these Terms of Conditions of Service at any time.
10. General
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Sunshine Primary Health Pty Ltd T/A Elitiphy's Privacy Policy, Terms and Conditions of Service and Website Terms and Conditions of Use is acknowledged by the Client.