BOOKING TERMS AND CONDITIONS
These Booking Terms and Conditions apply to bookings made with Joanne Curtis t/as Hearing Journeys Audiology [ABN 44198774719] (“we, us, our”) for any audiology services (“Audiology Services”/"Services"). These Terms together with any other terms and conditions and policies we publish or link to on our website and services form an agreement with us (“Agreement”). “You” could be any client or customer of ours making a booking or using our Services. If you do not agree, you cannot make a booking.
SERVICES WE PROVIDE
We will perform the Audiology Services with due care, skill, and diligence. The Audiology Services will be performed personally by Joanne Curtis or by her Representatives where prior agreed.
We agree to:
· keep all your documents secure and confidential; and
· comply with our privacy policy, details of which you can find on our website.
YOUR OBLIGATIONS
You must provide all information we request in order for us to perform the Audiology Services. You represent and warrant that:
· all information you provide is true, correct, current, and to the best of your knowledge;
· you will respond promptly to any of our requests for further information and will notify us immediately if any information changes;
· you will be on time for your consultation.
You acknowledge and agree that you will:
· do your best to attend to any agreed actions;
· communicate openly and honestly.
We may become aware during the performance of the Audiology Services that you may need additional services, and you agree to co-operate with us in this regard.
RELIANCE ON ADVICE
We are not medical doctors. We strongly recommend that you seek independent medical advice in relation to any medical information we provide. For example, we do not provide any diagnosis or treatment unless it directly relates to audiology disorders. Any medical information is not a substitute for professional advice, and any reliance on this information is made at your sole risk. Your participation in the Services is always voluntary.
THE FEES YOU NEED TO PAY
You agree that you will pay us the Audiology Fee for the Audiology Services. We will invoice you for the Audiology Fee upfront when booking, unless you are a NDIS participant. NDIS participants will be invoiced following treatment, or when otherwise agreed. All invoices are due within 30 days of the invoice. Interest will be charged on any unpaid invoices at the rate of 10% per annum calculated monthly. Any legal collection fees that are incurred will be charged to you.
You may be eligible for Medicare rebates following a referral. This will be reflected in your invoices.
CANCELLATIONS, RESCHEDULING AND REFUNDS
Where a cancellation is made with less than 24 hours’ notice, or you do not attend the appointment, the Audiology Fee will not be refunded. Any cancellations with less than 48 hours’ notice will incur the Cancellation Fee which is 50% of the Audiology Fee. We provide a full refund for cancellations with more than 48 hours prior notice.
You may reschedule the Service with 48 hours prior notice, and no penalty subject to our availability.
To the extent permitted by law, any other refunds for any cancellations of the Audiology Services are at our absolute discretion. No refunds will be given after a consultation has occurred regardless of whether you chose to implement our suggestions. We do not provide refunds for your change of mind, 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 Australian Consumer Law. For major failures with a Service, you are entitled to:
· cancel your Agreement with us and to a refund of 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 this Agreement and obtain a refund for the unused portion.
INTELLECTUAL PROPERTY
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Audiology Services. You must not use our Materials for any purpose other than for the purpose of this Agreement. Any Materials we provide you must not be reproduced, altered, or redistributed without our prior written permission which will be given at our absolute discretion and will be the subject of license fees.
PUBLICITY
To the extent permitted by law, you permit us to use your name, and any photos, videos, and testimonials you provide to us for marketing and information purposes, or publications, exhibitions, and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about our Audiology Services.
LIMITED LIABILITY AND INDEMNITY
To the extent permitted by law, our liability is limited, at our option to:
· the replacement of the services or the supply of equivalent services; or
· the payment of the cost of replacing the services or of acquiring equivalent services.
You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Audiology Services. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge, agree, and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Audiology Services, and any third-party claims.
TERMINATION
We may either suspend the Audiology Services or terminate this Agreement where any threats are made. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay us all accrued Audiology 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 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. Any public discussion or comments considered defamatory, negative, or otherwise damaging will be the subject of compensation in any mediation or litigation claim. 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 completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements, and arrangements between the parties in respect of its subject matter. The failure by us to exercise any right or enforce any provision in these Terms 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 NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW for determining any dispute concerning this Agreement.
DEFINITIONS:
“Agreement” means these terms and conditions, and any Proposal we may provide you with.
“Booking” means any booking for a consultation made with us for our Services.
“Cancellation Fee” means the cancellation fee we charge you where you cancel with limited notice and is usually 50% of the Audiology Fee.
"Claim" means any claim under statute, tort, contract or negligence, any demand, awards, or costs.
“Client” means you, the client making the Booking.
“Audiology Fees” means the fees for our services as further advertised on our website.
“Information” is all information we require and may include any information you provide to us during the Services including but not limited to all information on the intake form.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information, and all other intellectual property rights whether registered or unregistered.
“Loss or Damage” means any direct, indirect, consequential, or incidental loss or damage. It includes, but is not limited to any loss, personal injury, death, negligence, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Audiology Services.
“Materials” means any copy, data, information, documents, plans, downloadable products, records, images.
“Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.
“We, us, our” means Joanne Curtis t/as Hearing Journeys Audiology [ABN 44198774719] and includes any of our employees, agents, partners, and contractors.