Terms and Conditions

Terms and Conditions

(Current as at August 2021)

  1. Effect of Terms & Conditions
    1. Talk Health Pty Ltd (ABN 42635333121) T/a Talk Health Physiotherapy (Talk Health) and its associates, agents and affiliates (collectively referred to as ‘us’, ‘we’ and ‘our) provide their services to you subject to the following terms and conditions (T&Cs).
    2. Talk Health reserves the right to change, amend or modify these T&Cs in its absolute discretion without prior notice to you, which shall become effective from the time of posting on our website https://www.talkhealthphysio.com.au/. The user is solely responsible for reading and understanding these T&Cs, including any changes, before accessing or using the site and prior to engaging our services.
    3. By visiting our website https://www.talkhealthphysio.com.au/ and continuing to access our website, and by engaging our services, you agree to be bound by the following disclaimer, together with our T&Cs and any ancillary policies.
    4. You may not engage our services and/or access or use our website if you do not agree to be bound by our T&Cs.
    5. Should you have any enquiries, questions or queries in relation to our services, website or T&CS, you acknowledge and agree that you shall contact us by email at info@talkhealthphysio.com.au.
  1. Cancellations
    1. If you cannot keep an appointment with us, you must notify us of the cancellation as soon as possible by calling the practice and leaving a message if after hours.
    2. If less than six (6) hours notice is given, the full consultation fee will apply. However, provision of another appointment within 48 hours, but at a time of our convenience, will be made in an attempt to provide continuation of treatment.
    3. In the event a late cancellation is received, and the client does not accept our offer of an alternative appointment, payment in full is expected within forty-eight (48) hours, otherwise an administration fee may apply.
  1. Late and Missed Appointments
    1. If you arrive late to an appointment, but within your appointed time slot, you may receive a shorter consultation in an effort not to inconvenience other patients waiting.
    2. For the avoidance of doubt, if you either arrive after or entirely miss an appointment, you will be charged the consultation fee in full.
    3. If you call the practice to arrange an alternative time to occur within forty-eight (48) hours of your missed appointment, you will be eligible for an appointment at no charge, but at a time of our convenience.
    4. Irrespective of an alternative appointment being offered, if payment is not received in full within forty-eight (48) hours, an administration fee will apply.
  1. Consent to Treatment
    1. You hereby request and give consent to our therapists to perform all necessary examinations, manipulations, therapy, rehabilitation and medical diagnostic procedures in accordance with their professional training and understanding of your injury. You understand that during your treatment, care may be rendered by different professionals at Talk Health.
    2. You understand that you have an opportunity to discuss the nature and purpose of your treatment before any treatment is rendered.
    3. You have the right to see the physiotherapist and/or medical professional of your choice, refuse intervention or seek a further opinion and to provide feedback and make a complaint.
    4. The adverse risks associated with treatment, including stiffness and soreness, soft tissue injury, neurological complications, cerebrovascular injuries, skin irritations, burns and other minor complications.
    5. You acknowledge and agree that other treatment options exist if the risk of physiotherapy and or other treatment methods provided by Talk Health is considered to be high, including medication, medical care, hospitalisation and surgery.
  1. Consent to Obtain and Release Information
    1. Where applicable, to expedite the management of your injury or injury claim, you accept it may be necessary to communicate the details of your medical condition with treating practitioners, rehabilitation consultants, case managers and employers.
  1. Pricing and Payment
    1. Talk Health reserves the right to increase and/or adjust the prices in connection with its services in its absolute discretion without any notice to you.
    2. We do not provide refunds for any services provided to you whatsoever.
    3. Payment for services may only be made in the methods provided on our forms, website or by any other means advised by Talk Health.
  1. Promotional Activities
    1. From time to time and in its absolute discretion, Talk Health may run promotion activities where certain services may be offered at discounted prices.
    2. The promotional period shall cease as determined in Talk Health’s absolute discretion.
    3. Talk Health may, but is under no obligation to extend the promotional activities.
  1. Limitation of Liability and Indemnity
    1. To the maximum extent permitted by law:
      1. we do not make any warranties or representations other than those expressly set out in these T&Cs; and
      2. all terms, representations and warranties that may be excluded by law regarding our services are expressly excluded from these T&Cs.
    2. To the maximum extent permitted by the applicable law, we expressly exclude liability for any:
      1. indirect, incidental, or consequential loss or damage suffered by you which may arise in connection with these T&Cs, or the provision of our services; and
      2. loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third-party service provider.
    3. You agree to indemnify us against any and all expenses, losses, damages or costs that we may sustain or incur in connection with any breach by you of the warranties set out in these T&Cs.
  1. Dispute Resolution
    1. Unless otherwise specifically provided in these T&Cs, a party to these T&Cs must not commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a dispute arising out of these T&Cs unless it has complied with the provisions of the below dispute resolution process.
    2. A party must give the other a notice (dispute notice) setting out:
      1. what the party considers is in dispute; and
      2. what that party requires to be done to resolve the dispute and the grounds it has for those requirements.
    3. If the dispute is not resolved within five (5) business days of delivery of the dispute notice, the parties must, within two (2) business days, appoint a mediator approved by both parties
    4. The parties must ensure that the mediation is held and concluded within 15 days of the appointment of the mediator.
    5. During the dispute resolution process, the parties must continue to act in accordance with these T&Cs.
    6. Any proceedings whatsoever, to the extent permitted by law, including any correspondence, orders and awards awarded by a mediator shall remain strictly confidential and not be disclosed to any third party without the express written consent from the other party.
    7. If the dispute is not resolved by mediation within 30 days of the delivery of the dispute notice, then either party may terminate the mediation. Costs associated with the appointment of a mediator shall be borne equally between the parties to the dispute. Subject to the above paragraph, each party must pay its own legal costs and disbursements connected with the dispute.
  1. Intellectual Property
    1. Except to the extent owned by our licensors, we own all Intellectual Property Rights subsisting in our website, our branding and or treatment methods (where applicable). Nothing in these T&Cs or our website in any way grants you any right or entitlement of whatever nature in respect of our Intellectual Property Rights. We reserve all rights, title and interests in our Intellectual Property Rights.
    2. For the purposes of this paragraph, Intellectual Property Rights means intellectual property rights conferred by statute, common law or equity in any part of the world including (without limitation) patents, trademarks, and neighbouring rights, designs, domain names, know how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or not, and all other rights of a like nature which are now or may in the future subsist or be conferred in relation to them by the law in force in any part of the world, including all renewals and extensions.

 

 

  1. Privacy
    1. Talk Health may collect and hold personal information about you. This information may be collected directly from you, indirectly or from third parties acting on your behalf.
    2. How we use and disclose personal information depends upon your interaction with us. Typically, we use and disclose personal information to:
      1. provide services to you;
      2. provide information about other products and/or services that we offer that may be of interest;
  • facilitate our internal business operations, including the fulfilment of any legal requirements;
  1. analyse our services and customer needs with a view to developing new and improved services; and
  2. obtain a testimonial for us.
  1. We may disclose personal information to:
    1. third party service providers who assist us in operating our business, some of which are not required to comply with our privacy policy and may be based overseas or use overseas infrastructure;
    2. our related entities and other affiliated organisations so that you may be given information about their services and various promotions; and
  • another party for a purpose permitted or required by law.
  1. If personal information given to us is incomplete or inaccurate, it may delay our internal operations and we may not be able to effectively work with you or provide you with the services.
  1. General
    1. With the exception of those terms provided on our website, these T&Cs contain the entire agreement between the parties, unless expressly stated in these T&Cs.
    2. You must sign and effects such documents as require by Talk Health prior to the provision of services to you.
    3. No representations, inducements, promises or agreements oral or otherwise not embodied herein shall have any force or effect other than as expressly provided in this document.
    4. If any provision of these T&Cs are found to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these T&Cs without modifying or impacting the remaining provisions or the validity or enforcement of these T&Cs.
    5. These T&Cs are governed by the laws of Queensland.
    6. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland.
    7. You must not assign your rights or obligations pursuant to these T&Cs to any other person without our prior written consent of Talk Health.