Free Consultation Terms and Conditions

We do not provide urgent care. If you have or suspect that you may have an emergency, critical condition, or symptom, such as severe chest pain, a heart attack, a stroke, loss of consciousness, severe bleeding, or breathing difficulties, do not use our site. Please get in touch with your treating general practitioner or the public emergency services right away by dialling “000” should you have any doubts about the severity of your condition or in an emergency.

The client services agreement (Client Agreement) between Health Next Door Pty Ltd ACN 658 658 569 (we, us, or our) and the person who has signed up to receive our physiotherapy services (you or your), collectively the Parties and each Party, is the basis for these terms and conditions (Terms). Capitalized terms have the definitions ascribed to them in the Client Agreement unless otherwise specified in these Terms. The terms and conditions in the Client Agreement will be incorporated into, and subject to, these Terms. The provisions of the Client Agreement will take precedence over the terms of these Terms to the extent that there is any ambiguity, discrepancy, or inconsistency.

1. Acceptance: By registering for a free 1 hour physiotherapy consultation with us or our staff, you agree to these terms (Free Consultation).
2. Eligibility Criteria: You must be a new customer of ours, make a booking on our website https://healthnextdoor.com.au/(Site), and provide us with all necessary information, including your name, email address, contact phone number, and the reason you are seeking our physiotherapy services, in order to be eligible to receive the Free Consultation.
3. Booking your Free Consultation:
   - Through our website, you can request a free consultation (Booking Request). We may deem your booking request ineligible if we have reason to believe that: (i) the eligibility criteria in clause 2 are not met by you;(ii) We, or any of our employees, consultants, suppliers, subcontractors, or agents, have already provided you with a Free Consultation (Personnel); (iii) you are using fraudulently the offer of a free consultation. If your Booking Request qualifies, we will contact you by phone, email, or SMS to confirm your reservation and provide information about your Free Consultation (Booking). The terms and conditions outlined in the client agreement as well as these Terms apply to all Bookings.
   - You understand and acknowledge that there may be instances in which we are unable to facilitate your scheduled Free Consultation, such as when one of our employees is sick. Where necessary, w e may at any time postpone or cancel your free consultation. Where your  Free Consultation is cancelled, we will attempt to reschedule another Free Consultation for you as soon as we reasonably can after notifying you of the cancellation using reasonable endeavours. For a Free Consultation that is cancelled by us, you will not be charged a cancellation fee.
   - Before attending your Free Consultation, you may be asked to give us information about your health history, lifestyle preferences, and any other details we may reasonably need in order to make informed recommendations to you during the consultation. We will handle any information you give us in accordance with our privacy statement, which is available at https://healthnextdoor.com.au/privacy-policy/.
4. Warranties: You affirm, warrant, and agree that nothing in applicable law prohibits you from entering into these Terms and that all information and documentation you provide to us in connection with, prior to, during, and following a Free Consultation is accurate, true, and complete.
5. Australian Consumer Law: Certain laws, such as the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and comparable consumer protection laws and regulations may grant you rights, warranties, guarantees, and remedies in relation to the Free Consultation we provide to you that cannot be excluded, restricted, or modified (Consumer Law Rights). Nothing in these Terms restricts, excludes, modifies, or otherwise purports to restrict, exclude, or otherwise purport to modify your Consumer Law Rights.
6. Liability: Despite anything to the contrary, to the maximum extent permitted by law:
   
   - neither Party will be liable under these Term for any special, indirect or consequential loss or any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use (including both real and anticipatory) and/ or loss or corruption of data, howsoever arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise;
   - each Party’s liability for any liability (including but not limited to all expenses, costs, damages, claims and losses)under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
   - our aggregate liability for any liability arising from or in connection with these Terms will be limited to $500.
7. Disclaimer: We do not promise or represent that the Free Consultation will result in a particular or desired outcome, treatment, or result. We disclaim all responsibility for any harm, loss, or damage resulting from the use of or reliance on the Free Consultation. We (or our Personnel) may advise you to attend additional consultations or physiotherapy sessions, which may incur a fee.
8. Amendments: We reserve the right to modify these Terms at any time by providing you a written notice of the amendments and updating the Terms on our website. You may terminate these Terms by giving us written notice if you do not accept any amendments made.
9. Jurisdiction: The laws of New South Wales apply to these terms and conditions. The Parties consent to New South Wales’s courts’ exclusive jurisdiction as well as the jurisdiction of any other courts that may hear their appeals.
10. Disputes: A party may not commence court proceedings relating to any dispute arising from these Terms (Dispute) without first meeting with the other Party to (in good faith) resolve the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Last Updated: 16 January 2023