"ACL" means the Australian Consumer Law Schedule ofthe Competition and Consumer Act 2010(Cth) as amended.
“Agreement”means this Agreement.
"Bendigo Concussion Clinic” means Daniel Hamilton trading as BendigoConcussion Clinic (ABN 38 547 455 835).
“Client”means the party named in the schedule, or, if no party is named, the party to whom Bendigo Concussion Clinic provides this Agreement to and/or the person to whom Bendigo Concussion Clinic provides the Services.
"GST" means the Goods and ServicesTax as defined in A New Tax System (Goods and Services Act) 1999(Cth) as amended.
"Price List” means the prices for Services kept and updated from time to time by Bendigo Concussion Clinic.
“Schedule” means the Client details on the front page of or attached to this Agreement or provided by the Client with the Agreement(including in any digital form).
“Services”means any services which Bendigo Concussion Clinic sells or provides to the Client from time to time.
"Site" means any location to which Bendigo Concussion Clinic performs the Services.
The Client may enter into this Agreement with Bendigo Concussion Clinic by either-
a) Signing a copy of the Agreement; or
b) Requesting or accepting Services from Bendigo Concussion Clinic after having received a copy of this Agreement at some prior time.
a) These terms shall constitute a full and complete statement of the Agreement between Bendigo Concussion Clinic and the Client and no variations or modifications of any term of the Agreement shall be binding unless agreed to in writing by Bendigo Concussion Clinic, save for any waiver form which may be provided by BendigoConcussion Clinic to the Client which will apply in addition to this Agreement.
b) BendigoConcussion Clinic may vary or amend these terms by written notice to the Client at any time. Any variations so made will only apply to Services provided to the Client after the time that the variation has been brought to the Client's attention.
This Agreement shall cover all dealings between the parties until it is replaced by an alternate written agreement.
a) The Client may request Services from Bendigo Concussion Clinic from time to time by making a booking in such format(whether written or otherwise) as Bendigo Concussion Clinic shall prescribe from time to time.
b) Whilst Bendigo Concussion Clinic will use its best endeavours to ensure that it is able to provide the Services to the Client when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Client as a result of failure to supply or delay in supplying Services, regardless of the reason for the failure to supply.
c) Bendigo Concussion Clinic retains the absolute discretion at all times to refuse to accept any booking or request made by the Client for Services.
d) The Client acknowledges that Bendigo Concussion Clinic may engage agents or subcontractors in the provision of Services to the Client.
a) Where the Client requires the Services to be provided outside of Bendigo Concussion Clinic's usual business address, the Client shall provide suitable and practical means of access to the Site and ensure that the Site is suitable to allow the efficient and safe delivery of Services.
b) The Client warrants that it is the owner of the Site, or, if it is not, that it is authorised by the owner to allow for Services being performed at the Site.
c) The Client shall ensure that any other parties performing works at the Site do not interfere with or otherwise hinder Bendigo Concussion Clinic’s provision of Services. In this regard the Client shall provide to Bendigo Concussion Clinic any information reasonably required by it in respect to the activities or proposed activities of any other party performing works at the Site.
d) At no time does Bendigo Concussion Clinic take or accept any responsibility for the Site and all risk and liability in andrelating to the Site remains with the Client at all times.
a) The Client shall be charged for the Services as set out in thePrice List as it applies at the time of the Client making a booking for Services.If a Service does not appear on the Price List then Bendigo Concussion Clinic shall be entitled to charge a reasonable amount for that Service.
b) The Client acknowledges that the Services and the prices in the Price List may be modified by Bendigo Concussion Clinic from time to time without notice throughout the currency of this Agreement and it shall be the responsibility of the Client to check with Bendigo Concussion Clinic as to the availability and price of any particular Service immediately prior to making any booking.
c) The Client must pay:
(i) for any Services immediately upon provision of theServices; and
(ii) the Client consents to Bendigo Concussion Clinic charging anyamounts owing by the client to Bendigo Concussion Clinic to any creditcard provided by the Client.
d) Notwithstanding the above clause, Bendigo Concussion Clinic reserves the right to requirefull payment in advance of the supply of Services in its absolute discretion.
e) Payment by cheque is not deemed to have beenmade unless and until the proceeds of the cheque have cleared.
f) Unless otherwise stated, the prices in the Price List are exclusive of GST and any other applicable taxes or duties. In addition to the price for the Services, the Client shall also pay any applicable GST, taxes or duties.
g) In the event that the scope of the Services being provided changes, Bendigo Concussion Clinic shall be free, to charge additional reasonable amounts to take into account the alterations, including any additional Services provided.
h) In respect of payments required to be made by the Client under this Agreement, time shall be of the essence.
Bendigo Concussion Clinic requires valid credit card details in order to accept an appointment. In the event of cancellation within 48 hours of the scheduled appointment time, including failure to attend the scheduled appointment, the client must pay 50% of the price payable for any requested Services and the Client consents to Bendigo Concussion Clinic charging any such amount to any credit card provided by the Client.
a) Interest shall be payable on any amounts outstanding outside payment terms by the Client to Bendigo Concussion Clinic at the rate of 2% over and above the rate applicable from time to time under the PenaltyInterest Rates Act 1983 (Vic).
b) The Client hereby indemnifies BendigoConcussion Clinic in respect of any costs incurred by BendigoConcussion Clinic (including legal costs on a solicitor/client basis) as a result of any breach of this Agreement by the Client, including any breach of terms of payment for Services. Such costs include but are not limited to the costs of any demands made of the Client to remedy any breach, and any legal proceedings to recover unpaid money.
a) If Bendigo Concussion Clinic is liable for a breach of a guarantee implied by the ACL in respect to the provision of the Services and those Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, then, to the extent permitted by the ACL, its liability to the Client will be limited to –
(i) The supplying of the Services again; or
(ii) The payment of the cost of having the Services supplied again.
b) The Client acknowledges and agrees that they will not bring any claim and fully releases Bendigo Concussion Clinic from any consequential losses in relation to the Services or this Agreement.
a) The Client acknowledges that this Agreement and the provision of the Services is additional to, subject to and conditional upon the Client signing any waiver form provided by Bendigo Concussion Clinic prior to the provision of Services.
b) The Client indemnifies Bendigo Concussion Clinic from any loss, claim, liability or damage (including any consequential damages) arising as a result of theClient not signing any required waiver form or bringing any claim against Bendigo Concussion Clinic for any claim that is purported to be waived by virtue of any waiver form provided by Bendigo Concussion Clinic to the Client.
Bendigo Concussion Clinic shall not be liable in any manner whatsoever to the extent that it has been prevented from performing any obligation underthis Agreement by reason of matters beyond its control, including without limitation-
a) Inability to access the site or part of the site
b) Lack of access to electricity or other required resources at the site:
c) Lack of availability for whatever reason of staff or contractors.
d) Acts of God, accidents or machinery breakdown;
e) Any pandemic or epidemic or associated laws or regulations;
f) Acts or threats of terrorism or war; or
g) Industrial disputes or strikes.
a) Nothing in this Agreement shall give rise to a partnership or relationship of employment between the parties.
b) Any failure or delay by Bendigo Concussion Clinic to exercise a power or right does not operate as a waiver of that power or right.The exercise of a power or right does not preclude either its exercise in the future of the exercise of any other power or right. A waiver by Bendigo Concussion Clinic is not effective unless it is in writing.
c) If a clause in this Agreement is unenforceable it must be read down so as to be unenforceable or, if it cannot be so read down, it must be severed from this Agreement without affecting the enforceability of the remaining terms of the Agreement.
d) This Agreement shall be governed by the laws of Victoria.
e) The Client agrees that this Agreement may be signed in accordance with the provisions of the Electronic Transactions(Victoria) Act 2000 (Vic).
Bendigo Concussion Clinic offers comprehensive concussion care, providing assessment, treatment and guidance for our clients.
