BOOKING TERMS AND CONDITIONS
WHY DO WE HAVE THESE TERMS AND CONDITIONS
We have these terms and conditions to set out what you need to do when you come to receive Therapy Services from us. These terms apply to all Therapy Services we provide.
YOUR OBLIGATIONS AND AGREEMENTS
You must provide all information in order for us to perform the Therapy Services, including but not limited to all information in the Intake Form.
You represent and warrant that:
- all information you provide is true, correct, current and up- to date;
- you will respond promptly to any of our requests for further information;
- you will notify us immediately if any of the information changes or if you wish to withdraw your consent;
- you will be on time to all appointments; and
- you will attend your child’s appointments with your child, unless prior arrangement for instance your child attends at a school location.
You acknowledge and agree that;
- for all home visits, you must provide a safe environment (e.g., free of known symptoms/signs of infectious disease, pets/animals put away, no known aggressive persons on site (DV); for all online appointments, you must have sufficient technology set up, including access to equipment with audio-visual capabilities for our sessions on Zoom and a good internet connection;
- you will notify us of any delays;
- if you are not on time to an appointment, we will have to reduce your appointment time, and the full appointment fee will still apply;
- you will attend to the recommended therapy plan;
- the response to therapy varies from person to person and cannot always be predicted;
- we cannot guarantee that the therapy or therapy plan will be successful; and
- unfortunately, Therapy Services can involve different types of physical and mental evaluation and treatment and there are risks and benefits involved, including a risk that treatment may aggravate your condition or cause discomfort.
FEES
You agree that you will pay us our fees for the Therapy Services at the time of a session. We will charge you for any no shows. Any late payments will incur interest at the rate of 10% per annum calculated daily. Any legal collection fees that are incurred will be charged to you.
RECOMMENDATIONS
We may make recommendations of other health practitioners and suppliers and may brief and co-ordinate health practitioners and suppliers on your behalf, however, at all times, any engagement of a health practitioner or supplier is a contract between you and that third party, and you are responsible for all payments to that third party.
CANCELLATIONS, RESCHEDULING AND REFUNDS
You must notify us as soon as possible where you need to change or cancel your booking. Please provide us with as much notice as possible. If you cancel the Therapy Services with more than 4 hours’ notice, we will waive the appointment fee. In the event that less than 4 hours’ notice of rescheduling or cancellation is received, a Cancellation Fee of 50% of the consultation price will apply because we will have refused other bookings.
On the occasion where no cancellation notice is given or there is a “no show,” 100% of the consultation price will apply because we will have had no prior opportunity to make other bookings. One violation of this policy per calendar year will be waived per client on good will of “unforeseen circumstances.” Where fees are yet to be paid, they will be invoiced to you.
To the extent permitted by law, any other refunds are at our absolute and sole discretion. We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.
THE AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value
You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. Please contact if you wish to exercise any rights under the Australian Consumer Law.
HEALTH AND SAFETY
Our health and safety practises comply with the current government authority recommendations. These conduct and health rules are necessary to ensure our health and safety, and that of other clients. You must notify us immediately if you contract COVID-19.
PRIVACY
During the performance of the Therapy Services, the information that you provide will often be classed as personal information under the Privacy Act 1988 (Cth) (“the Act”). We deal with all personal information in accordance with the Act and the Australian Privacy Principles as set out in the Act. We collect information for the primary purpose of providing high quality Therapy Services. We may need to obtain and/or release your health information with other treating practitioners. You permit us to exchange such information, including any past medical history with those people deemed necessary by us. We may also be required to disclose your personal information where required by law or for debt recovery.
For more details on how we deal with the personal information please see our privacy policy at https://www.omosteopathy.com/privacy-policy
DISCLAIMER
To the extent permitted by law, our liability will be limited, at our option to: –
the replacement of services or the supply of equivalent services; or
the payment of the cost of replacing the services.
We are not liable for any Loss or Damage which may result from the Therapy Services. This includes, but is not limited to any loss, personal injury, death or reliance on our Therapy Services. We do not guarantee that the therapy or therapy plan is going to be successful, and we are not liable for any response to therapy even if it aggravates your condition. In any case, to the extent permitted by law, our liability to you will not exceed the amount actually paid by you to us for the most recent appointment you have attended.
TERMINATION
We may at our option and without prejudice to any of our rights, immediately suspend or terminate this Agreement where you default on any of our invoices, do not pay any Fees or breach this Agreement. Upon termination, you must pay to us all accrued Fees owing up to the date of termination.
FORCE MAJEURE
Where there is a Force Majeure Event, we will not be considered in breach of this Agreement, to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in connection with any Force Majeure Event.
IF THERE IS A DISPUTE
If at any time any aspect of the Therapy Services is not reasonably acceptable to you or we disagree on the quality or substance of the Therapy Services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.
This Agreement is governed by the laws from time to time in force in the state of VIC Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of VIC for determining any dispute concerning this Agreement.
DEFINITIONS:
- “Agreement” means these terms and conditions, including the Intake Form and Informed Consent Form.
- “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
- “Cancellation Fee” means the fee we charge you for cancelling your appointment, described in the Schedule.
- “Claim” means any claim under statute, tort, contract or negligence, any demand, awards or costs.
- “Commencement Date” means the date this Agreement is signed or the date that the Therapy Services commenced, whichever is the earlier.
- “Fees” means the fees for the Therapy Services as further described on our website, or as published.
- “Force Majeure Event” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
- “Loss or Damage” means direct, indirect, consequential or incidental loss or damage, including but not limited to any property damage, personal injury, psychological injury or death.
- “Our Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.
- “We”/”us”/” our” means Goss Shipley PTY LTD t/as Symmetree Osteopathy [ ABN 70673755747 ]
- “You” means the client booking in for the Therapy Services.