In this agreement:
‘We’, ‘our’ or ‘us’ means Smart Clinics Pty Ltd ACN 141 767 679 trading as SmartClinics.
‘You’ or ‘your’ means the person identified as the patient via this booking process.
A reference to a ‘party’ is a reference to us or you, and a reference to the ‘parties’ is a reference to both us and you.
These terms govern our relationship with you now and in the future.
You warrant that you have either completed this booking process yourself or someone has assisted you with your authorisation.
(a) Supply of the Service
We will do our best to ensure that we are able to see you at the Appointment time you have selected. Delays do sometimes arise, but we will do our best to ensure you do not have to wait or do not have to wait long.
To keep delays to a minimum, you need to arrive at least 5 minutes before your Appointment. If you are not present when your Appointment starts, we can cancel your Appointment and do not have to provide the Services to you and may charge you a cancellation fee.
We are also not obliged to perform any Procedure if we determine during your Appointment that it is not in your best medical interests.
Once we have provided you with the Services, you agree to pay us the Fees.
We reserve the right in our sole discretion to invoice you for the Fees. You agree to pay any invoice we issue to you within 14 days after receipt.
(b) Changing or cancelling your Appointment
If you wish to change or cancel your Appointment, please let us know as early as possible so that we may allocate your Appointment to another person. This will help us meet our aim of providing our patients with speedy and efficient nurse practitioner services.
(c) Information provided by you
You agree that all information (including your medical history) provided by you in connection with the Services is true and complete to the best of your knowledge.
Both parties agree to keep confidential, and not to use or disclose, any Confidential Information of the other party that is given to or received by that party either before or after entering into this agreement.
This confidentiality obligation does not apply to the extent that the Confidential Information is required to be disclosed by applicable law, or under compulsion of law by a court or government agency, or is in the public domain otherwise as a result of a breach of this agreement or other obligation of confidence.
(e) Intellectual property
The SmartClinics Material remains our property and nothing in this agreement is intended to grant you any Intellectual Property Rights in the SmartClinics Material or other Intellectual Property Rights of us.
The liability of each party for any loss or damage suffered or incurred by the other party in connection with this agreement is limited to Fees payable by you in the 12 months prior to a party first suffering loss or damage in connection with this agreement.
Neither party will be liable for any Consequential Loss suffered by the other party in connection with this agreement. Consequential Loss means loss that is indirect loss, consequential loss, loss of income or revenue, loss of profits, or loss of savings.
Nothing in this agreement is intended to limit your rights under the Competition and Consumer Act 2010 (Cth). If the Competition and Consumer Act 2010 (Cth) or any other legislation provides that there is a guarantee in relation to any good or service supplied by us in connection with this agreement and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then the limitations on our liability set out above do not apply to that liability and instead our liability for such failure is limited to (at our election):
(i) in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
(ii) in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again. The limitations of liability in this clause do not apply to:
(i) our professional negligence;
(ii) personal injury or death of any person;
(iii) repudiation of this agreement;
(iv) a breach of clause (d); or
(v) a wilful or negligent breach of this agreement.
(g) Force majeure
We will not be in breach of this agreement as a result of, or liable for, any failure or delay in the performance of our obligations under this agreement to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or omission by you.
The laws of Queensland, Australia govern this agreement. Each party irrevocably submits to the non exclusive jurisdiction of the Courts of Queensland, Australia and Courts competent to hear appeals from those Courts.
We may assign our interest under this agreement.
Each provision of this agreement will be read and construed as a separate and severable provision or part and if any provision is void or otherwise unenforceable for any reason, then that provision will be severed and the remainder will be read and construed as if the severable provision had never existed.
No rule of construction applies in the interpretation of this agreement to the disadvantage of the party preparing the document on the basis that it put forward this document or any part of it.
In this agreement:
‘Appointment’ means the relevant appointment time booked by you via our online booking process.
‘Confidential Information’ of a party means the terms of this agreement and any information:
(i) relating to the business and affairs of that party;
(ii) relating to the customers, clients, patients, employees, sub contractors of other persons doing business with that party;
(iii) which is by its nature confidential;
(iv) which is designated as confidential by that party; or
(v) which the other party knows or ought to know is confidential, and includes all trade secrets, know how, financial information or other commercially valuable information of that party, and including the Fees charged by us.
‘Fees’ means the fees we tell you are payable for the Services you receive.
‘Force Majeure Event’ means any occurrence or omission outside our control and includes:
(i) a physical natural disaster including fire, flood, lightning or earthquake;
(ii) war or other state of armed hostilities (whether war is declared or not), insurrection, riot, civil commotion, act of public enemies, national emergency (whether in fact or in law) or declaration of martial law;
(iii) epidemic or quarantine restriction;
(iv) ionising radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel;
(v) confiscation, nationalisation, requisition, expropriation, prohibition, embargo, restraint or damage to property by or under the order of any government agency;
(vi) law taking effect after the date of this agreement; and
(vii) strike, lock-out, stoppage, labour dispute or shortage.
‘Intellectual Property Rights’ means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, registered or unregistered plant breeder’s right, trade secret, knowhow, right in relation to semiconductors and circuit layouts, trade or business or company name, indication or source or appellation of origin or other proprietary right, or right of registration of such rights.
‘Procedure’ means any procedure requested by you via our online or other booking processes.
‘Services’ means the services we provide to you in relation to a particular Appointment, including any Procedure.
‘SmartClinics Material’ means any material provided by or to which access is given by us to you for the purposes of this agreement, including documents, equipment, reports, technical information, studies, plans, charts, drawings, calculations, tables, schedules and data stored by any means.