1. INTERPRETATION

"ACL" means the Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (Cth) as amended.

“Agreement” means this Agreement.

"Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust” means Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust trading as Bendigo Concussion Clinic and/or Ballarat Concussion Clinic (ABN 48 290 667 789).

“Client” means the party named in the schedule, or, if no party is named, the party to whom Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust provides this Agreement to and/or the person to whom Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust provides the Services.

"GST" means the Goods and Services Tax 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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust.

“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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust sells or provides to the Client from time to time.

"Site" means any location to which Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust performs the Services.

2. ACCEPTANCE OF AGREEMENT

The Client may enter into this Agreement with Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust by either-

1. Signing a copy of the Agreement; or
2. Requesting or accepting Services from Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust after having received a copy of this Agreement at some prior time.

3. ENTIRE AGREEMENT

1. These terms shall constitute a full and complete statement of the Agreement between Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust and the Client and no variations or modifications of any term of the Agreement shall be binding unless agreed to in writing by Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust, save for any waiver form which may be provided by Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust to the Client which will apply in addition to this Agreement.
2. Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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.

4. TERM OF AGREEMENT

This Agreement shall cover all dealings between the parties until it is replaced by an alternate written agreement.

5. SUPPLY OF SERVICES

a) The Client may request Services from Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust from time to time by making a booking in such format (whether written or otherwise) as Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust shall prescribe from time to time.

b) Whilst Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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) Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust may engage agents or subcontractors in the provision of Services to the Client.

6. SITE REQUIREMENTS

a) Where the Client requires the Services to be provided outside of Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust '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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust’s provision of Services. In this regard the Client shall provide to Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust take or accept any responsibility for the Site and all risk and liability in and relating to the Site remains with the Client at all times.

7. PRICING AND PAYMENT

a) The Client shall be charged for the Services as set out in the Price 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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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 Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust from time to time without notice throughout the currency of this Agreement and it shall be the responsibility of the Client to check with Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust 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 the Services; and

(ii) the Client consents to Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust charging any amounts owing by the client to Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust to any credit card provided by the Client.

d) Notwithstanding the above clause, Victorian Concussion Network Pty Ltd as trustee for Hamilton Concussion Unit Trust reserves the right to require full payment in advance of the supply of Services in its absolute discretion.

e) Payment by cheque is not deemed to have been made 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.

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