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Business Terms of Use

REPAIRS AFOOT PTY LTD – BUSINESS TERMS OF USE

Background

The trustee for the Aumeer-Donovan Family Trust trading as Repairs Afoot Pty Ltd (ABN: 91 504 983 453) (we, us or our) runs podiatry clinics that provide podiatric services to clients.

Services include consults and treatments by podiatrists, sale of orthotics, sale of orthotic footwear, sale of related products (Services).

You wish to acquire Services from us (you or your).

These Terms apply in respect of the provision of our Services to you.

1. Acceptance and Term

1.1 You accept these Terms by the earlier of:

  • (a) you making an appointment (whether orally, in writing, via email or via our Site) to see one of our Personnel;
  • (b) you instructing us (whether orally, in writing, via email or via our Site) to proceed with the provision of Services to you;
  • (c) your completion of a health assessment form; and
  • (d) you accepting Services from us.

You are taken to have agreed to these Terms if you take any of these actions. Please read these Terms carefully – if you don’t agree to them, then you must cease accessing or using our Services immediately and terminate these Terms as set out in clause 17.

1.2 These Terms will commence on acceptance by you under clause 1.1 and will continue until the date that we have completed the provision of the Services to you (as reasonably determined by us), unless earlier terminated in accordance with its terms (Period).

2. Services

2.1 These Terms constitute a “standing offer” under which, during the Period, at your request, we may provide you Services.

2.2 If you require Services from us, you must make an appointment by phoning us or contacting us by email or via our Site or by any other process which we may advise to you, from time to time (Services Request).

2.3 In your Service Request, you may specify that you would like a particular member of our Personnel to provide you with the Services. We will use reasonable endeavours to meet this request. If we are unable to meet the request, you may terminate these Terms as set out in clause 17.

2.4 If you make a Service Request, you must:

  • (a) pay us in accordance with these Terms and the Price List; and
  • (b) complete a health assessment form.

2.5 If you fail to complete a health assessment form in a timely manner and prior to your appointment time, you will be deemed to have terminated these Terms as set out in clause 17 and we will not be obliged to provide you with the Services.

2.6 If you make a Service Request, you are providing your treatment consent to us and our Personnel. This means that you are consenting to our Personnel performing all necessary examinations, therapy, rehabilitation and medical diagnostic and treatment procedures in accordance with their professional training and understanding of your podiatry needs. You will have the opportunity to discuss the nature and purpose of any treatment with your podiatrist before any treatment is rendered. There may be some adverse risks and side effects with some treatment options such as soreness, soft tissue injury, skin irritations and burns. Your podiatrist will discuss these risks with you. You may withdraw your consent at any time by contacting us (whether orally, in writing, via email or via our Site).

2.7 If you make a Service Request, you give us permission to contact and discuss details of your medical condition with any referring doctors, treating practitioners, rehabilitation consultants and any other person deemed reasonably necessary by us to assist us to manage your medical condition. You may withdraw this consent at any time by notice in writing or via email or our Site.

2.8 We may, in our absolute discretion, accept or reject a Services Request.

2.9 If we accept a Service Request, Services will be provided in accordance with these Terms and based on the fees set out in the Price List.

2.10 If we accept a Service Request and make available an appointment time to provide the Services to you, you agree that such time is an estimate only, and creates no obligation on us to provide the Services by that time. We will use reasonable endeavours to satisfy any timeframes represented to you. Appointment times may run late due to circumstances beyond our reasonable control. Appointment times may need to be changed by us due to unforeseen circumstances such as sick Personnel.

2.11 In our absolute discretion, we will make available home visit Services for clients who have a legitimate reason or need for home visits. If you make a Services Request for home visit Services, you understand that the appointment time is an estimate only and you will allow additional time should we be running late for any reason outside our control, including traffic.

2.12 We will use reasonable endeavours to remind you of your appointment time for each Service Request, subject to you providing us with contact details for you.

2.13 If you provide us with your mobile number, you consent to us sending you a SMS notification at least 48 hours in advance of an appointment time. You may withdraw your consent at any time.

2.14 If you do not consent to us using your mobile phone number for SMS appointment notification or do not provide one, we will contact you using the contact details you have provided to us.

2.15 It is your responsibility to ensure you can attend appointment times. Late cancellations, no shows and tardiness will be charged and managed as set out in clause 7.

2.16 You agree that we may amend the Services or the Price List at any time. If we amend the Price List, we will provide 48 hours’ notice on our Site or at our Premises. If you do not agree to any amendment made to the Services or the Price List, you may terminate these Terms as set out in clause 17.

2.17 Each Service Request is subject to, and will be governed by, these Terms and any other conditions agreed to by the Parties in writing. To the extent of any ambiguity or discrepancy between Service Request and these Terms, the terms of these Terms will prevail.

3. Variations

3.1 Subject to clauses 3.2, 3.3 and 3.4 you may request a variation or change to the Services, by prior notice (including by phone or email or via our Site) to us, with details of the variation or change, (Variation Request).

3.2 If you wish to change your appointment time or the type of treatment you are going to receive, you must provide 48 hours prior notice. If you wish to change the type of report or paperwork you require us to write or lodge on your behalf, you must provide 5 Business Days prior notice.

3.3 Once orthotics, footwear and related products have been purchased, there are no refunds or changes.

3.4 We will not be obliged to comply with a Variation Request unless we:

  • (a) accept the Variation Request, including any variation to the Price to affect the Variation Request (Price Variation), by email or phone; and
  • (b) if applicable, the Price has been adjusted to reflect the Price Variation.

3.5 If we consider that any instruction or direction from you constitutes a variation, then we will not be obliged to comply with such instruction or direction unless a Variation Request has been issued in accordance with clause 3.1 and accepted by us in accordance with clause 3.4.

4. Your Obligations

4.1 You agree to:

  • (a) comply with these Terms;
  • (b) complete a health assessment form and provide us with personal information reasonably requested by us in order for us to provide the Services to you;
  • (c) comply with our reasonable requests or requirements;
  • (d) comply with all applicable Laws;
  • (e) comply with all of our policies appropriate to our Premises as updated from time to time on our Site including with respect to COVID-19;
  • (f) comply with any of our practice policies applicable to the provision of the Services to you as updated from time to time on our Site including those relating to privacy and website.

4.2 We have a commitment to our Personnel to provide a safe and smoke free work environment. You must not engage in any behaviour that violates this commitment either at our Premises or during any home visit conducted by us or our Personnel. If we conduct a home visit, you must ensure that the home visit location is safe for us and our Personnel. At a minimum, this means that the home environment must be smoke free (as reasonably assessed by us) and any pets are either tied up or kept separately from the entry and/or treatment environment. We reserve the right to immediately cease providing Services to you violate this commitment by us or at any time our Personnel feel unsafe.

4.3 We will not tolerate bullying or discrimination against any of our Personnel or clients. You must not engage in this behaviour at our Premises or during any home visit conducted by our Personnel. We reserve the right to immediately cease providing Services to you if you or any person accompanying you engages in bullying or discriminatory behaviour.

5. Our Obligations

5.1 We adhere to the Australian Charter of Health Care Rights in respect of any Service Request and the provision of Services to you.

5.2 We will comply with the policies on our Site that relate to the provision of our Services to you.

6. Payment, accounts and billing

6.1 You agree to pay us for Services provided by us to you in accordance with these Terms and our Price List.

6.2 You agree to the following payment terms:

  • (a) all fees for appointment Services are payable in full at the time of appointment, unless prior arrangement in writing is made, or otherwise in our absolute discretion;
  • (b) we do not bulk bill for Services subsidised by Medicare;
  • (c) payments for prefabricated orthotics, footwear and feet related products are payable in full at the time of purchase;
  • (d) subject to our prior approval in writing, all fees for Third Party Managed Services are payable in full within 4 weeks of dispense of invoice as per the date of invoice;
  • (e) there are no refunds for Services rendered;
  • (f) there are no refunds for or purchases of orthotics, footwear and feet related products;
  • (g) if we need to pre-order prefabricated orthotics, footwear or other feet related products on your behalf, we may require a deposit to be paid, which is non-refundable if you change your mind; and
  • (h) we may require a non-refundable deposit to be paid for custom made orthotics, with the balance payable in full at the time of fitting. If you fail to attend for fitting of your custom made orthotics within 8 weeks of agreeing to the Service, you must still pay the balance.

6.3 We accept cash, EFTPOS, credit cards and other electronic health rebates (via HICAPS). In the event of electronic network failure, full payment in cash is still required on the day of consultation unless we agree otherwise.

6.4 Payment of accounts can be done via telephone or in person.

6.5 We may, in our absolute discretion, require your credit card details, in order for you to book an appointment with us. If we require your credit card details, we reserve the right to charge your credit or debit card at any time before the appointment. If we make this charge we will notify you in advance. If you provide your credit or debit card details to us, we will store the details securely until your appointment is complete.

6.6 If any payment has not been made in accordance with the Price List, we may (at our absolute discretion):

  • (a) immediately cease providing the Services, and recover, as a debt due and immediately payable from you, our additional costs of doing so;
  • (b) charge interest in accordance with the rates contained in our Price List.

6.7 We will use reasonable endeavours to process Medicare Australia and health fund rebates through the HICAPS system at the time of payment for Services rendered. In order for us to do this:

  • (a) the Service must have been rendered (no prepayments);
  • (b) you must have an eligible Medicare Australia swipe card and/or health fund swipe card; and
  • (c) you must have a debit bank card.

If we are unable to process a claim for you via HICAPS or if the HICAPS system is not working or we have internet access issues, you must still pay the full amount for the Services rendered and we will provide you with the necessary forms for you to make paper claims directly with Services Australia and/or your eligible health fund.

7. Late cancellation, no shows and late appointment arrivals

7.1 Our time is valuable. When you make a Service Request for an appointment, that space is no longer available on our calendar for other patients. To reschedule or cancel your appointment, please phone, email or contact us via our Site at least 48 hours before the appointment start time. We require at least 48 hours’ notice so that we can offer your appointment time to another patient.

7.2 We consider that a cancellation is “late” when the appointment is cancelled less than 48 hours before the appointment start time. For late cancellation cases, we will charge you the late cancellation fee specified in our Cancellation Policy.

7.3 A no show is when you miss an appointment without cancelling or if you are more than 15 minutes late for your appointment. For no show cases, we will charge you the no show fee specified in our Cancellation Policy.

7.4 If you are up to 15 minutes late for your appointment, you will be charged the full appointment fee, and you will be entitled to your remaining appointment time, however your appointment will not be extended, so as to not inconvenience our practitioners and other patients.

7.5 If you have received a no show or late cancellation fee, we may require you to prepay your next appointments or require prior credit card authorization from you. If you fail to attend or late cancel the prepaid appointments, you will forfeit that prepaid amount. If we require prior credit card authorization from you, we will charge your credit or debit card with any cancellation fees, no-show fees or full fees you incur as set out in this clause.

7.6 We will notify you as soon as possible if we need to cancel or reschedule an appointment, and no cancellation fees will be payable by you if we cancel or reschedule your appointment.

8. Marketing and promotions

8.1 From time to time we run marketing campaigns and/or promotions through our Site, social media platforms and radio.

8.2 If we run a promotion (e.g. refer a friend deal), the terms of the promotion will be available on our Site.

8.3 A promotion offer cannot be used in conjunction with any other offer, is non transferrable, is available for a single use and is only available for the limited period of time indicated in the offer.

8.4 If you seek to rely on an offer or enter a promotion or competition offer, you will be bound by the rules of that offer.

8.5 We may use your personal information to provide you with marketing material, promotions and communications about our Services and promotional offers. We will comply with our Privacy Policy in respect thereof.

8.6 If we receive personal information from you pursuant to an offer we will comply with our Privacy Policy in respect of that information.

8.7 You may opt out of receiving promotional materials from us at any time by contacting us (whether orally, in writing, via email or via our Site).

9. Warranties

9.1 You represent, warrant and agree that:

  • (a) there are no legal restrictions preventing you from entering into these Terms;
  • (b) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • (c) you have not relied on any representations or warranties made by us in relation to the Services (including as to whether the Services are or will be fit or suitable for your particular purposes) unless expressly stipulated in this Agreement;
  • (d) the Services are provided to you solely for your benefit and you will not (or you will not attempt to) disclose, or provide access to, our Services to third parties without our prior written consent; and
  • (e) you are not and have not been the subject of an Insolvency Event.

10. Confidential information

10.1 From time to time, pursuant to the provision of the Services to you:

  • (a) we may collect confidential information from you; and /or
  • (b) we may disclose information to you that is confidential to us and/or our business.

10.2 Each Receiving Party agrees:

  • (a) not to disclose the confidential information of the Disclosing Party to any third party;
  • (b) to use all reasonable endeavours to protect the confidential information of the Disclosing Party from any unauthorised disclosure; and
  • (c) to only use the confidential information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.

10.3 The obligations in clause 10.2 do not apply to confidential information that:

  • (a) is required to be disclosed in order for the Parties to comply with their obligations under these Terms;
  • (b) is authorised to be disclosed by the Disclosing Party;
  • (c) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
  • (d) must be disclosed by Law or by a regulatory authority, including under subpoena.

10.4 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 10. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 10.

10.5 This clause 10 will survive the termination of these Terms.

11. Photography consent

11.1 From time to time, we may wish to take photos of your medical condition to assist us to provide Services to you or for training and education purposes (including on our Site). Any photos used for training and education purposes will be deidentified. We will advise you at the time of photographing regarding the intended purpose and use of the photograph.

11.2 On your health assessment form, you can indicate to us your preferences regarding photography consent.

11.3 If you give us photography consent, you are providing your consent for the purposes agreed in the health assessment form or as otherwise agreed in writing.

11.4 You may withdraw your photography consent at any time by advising us in writing or via email or our Site.

11.5 If your photography consent is withdrawn, subject to our legal obligations and regulatory obligations relating to record keeping, we will, within 7 days, use reasonable endeavours to destroy the photos or take them off our Site. We are not responsible for any unauthorised use of your photos by third parties.

12. Privacy

12.1 We will comply with the Privacy Policy available on our Site in respect of any personal information provided by you to us.

13. Intellectual property

13.1 As between the Parties:

  • (a) we own all Intellectual Property Rights in Our Materials; and
  • (b) you own all Intellectual Property Rights in Your Materials, and
  • (c) nothing in these Terms constitutes a transfer or assignment of any Intellectual Property Rights in Our Materials or Your Materials.

13.2 As between the Parties, ownership of all Intellectual Property Rights in any New Materials will at all times vest, or remain vested, in us upon creation.

13.3 We grant you a non-exclusive, revocable, worldwide, non-sublicensable and non-transferable right and licence, for the duration of the Period, to use Our Materials that we provide to you, and the New Materials that we provide to you, solely for the purposes for which they were developed and for your use and enjoyment of the Services, as contemplated by these Terms.

13.4 If you have any Moral Rights in any material provided, used or prepared in connection with these Terms, you agree to consent to our use or infringement of those Moral Rights.

13.5 In the use of any Intellectual Property Rights in connection with these Terms, you must not commit any Intellectual Property Breach.

13.6 This clause 13 will survive termination or expiry of these Terms.

14. Australian Consumer Law

14.1 Certain legislation, including the Australian Consumer Law, and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

14.2 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Services, you are entitled:

  • (a) to cancel these Terms with us; and
  • (b) to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Services rectified in a reasonable time and, if this is not done, to cancel these Terms and obtain a refund for the unused portion of these Terms.

14.3 If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Services provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

14.4 Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Services) are provided to you without warranties of any kind, either express or implied, whether in statute, at Law or on any other basis.

14.5 This clause 14 will survive the termination or expiry of these Terms.

15. Exclusions to liability

15.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

  • (a) your acts or omissions;
  • (b) any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • (c) any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us; or
  • (d) any event outside of our reasonable control.

15.2 If orthotics are supplied to you as part of the Services, you agree that the efficacy of orthotic use varies for each person. Results vary based on use of the orthotics and the personal circumstances of the client. No guarantee is given as to efficacy or longevity of orthotics. At the time of your appointment with us, if orthotics are recommended, we will give you some general guidelines as to how long we expect your orthotics to last. Subject to Law, these timeframes are guidelines only and cannot be relied upon by you.

15.3 If nail avulsion or toenail surgery are supplied to you as part of the Services, you agree that the efficacy of this treatment varies for each person . Results vary based on the extent of damage and the personal circumstances of the client. No guarantee is given as to efficacy. More than one treatment may be required. If further treatment is required, this will be at full cost.

15.4 This clause 15 will survive the termination or expiry of these Terms.

16. Limitations on liability

16.1 Despite anything to the contrary, to the maximum extent permitted by law:

  • (a) we will not be liable for Consequential Loss;
  • (b) our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you; and
  • (c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Services to you or, in our sole discretion, to us repaying you the amount of the Price paid by you to us in respect of the supply of the relevant Services to which the Liability relates.

16.2 This clause 16 will survive the termination or expiry of these Terms.

17. Termination

17.1 Either Party may terminate these Terms at any time by giving 48-hours’ notice (whether orally, in writing, via email or via our Site) to the other Party.

17.2 These Terms will terminate immediately upon notice (whether orally, in writing, via email or via our Site) by us, if:

  • (a) you fail to comply with your obligations in clause 2 or 4.3;
  • (b) you do not complete the details in the health assessment form or fail to provide us with sufficient personal information to enable us to provide the Services;
  • (c) for any other reason outside our control which has the effect of compromising our ability to provide the Services; or
  • (d) you are unable to pay your debts as they fall due.

17.3 Upon expiry or termination of these Terms:

  • (a) we will immediately cease providing the Services;
  • (b) you agree that any payments made by you to us are not refundable to you;
  • (c) you must pay for all Services provided prior to termination, including Services which have been provided and have not yet been invoiced to you, and all other amounts due and payable under these Terms; and
  • (d) you agree not to disparage or otherwise make any unfavourable statements or comments regarding us, our Personnel, our clients, either directly or by implication, verbally or in writing.

17.4 Unless otherwise agreed between the Parties, if these Terms are terminated, then any current Service Request will also terminate on the date of termination.

17.5 We will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on expiry or termination of these Terms. This is subject to our Privacy Policy.

17.6 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

17.7 This clause 17 will survive the termination or expiry of these Terms.

18. GST

18.1 If GST is payable on any supply made under these Terms, the recipient of the supply must pay an amount equal to the GST payable on the supply. That amount must be paid at the same time that the consideration is to be provided under these Terms and must be paid in addition to the consideration expressed elsewhere in these Terms, unless it is expressed to be inclusive of GST. The recipient is not required to pay any GST until the supplier issues a tax invoice for the supply.

18.2 If an adjustment event arises in respect of any supply made under these Terms, a corresponding adjustment must be made between the supplier and the recipient in respect of any amount paid by the recipient under this clause, an adjustment note issued if required, and any payments to give effect to the adjustment must be made.

18.3 If the recipient is required under these Terms to pay for or reimburse an expense or outgoing of the supplier, or is required to make a payment under an indemnity in respect of an expense or outgoing of the supplier, the amount to be paid by the recipient is to be reduced by the amount of any input tax credit in respect of that expense or outgoing that the supplier is entitled to.

18.4 The terms “adjustment event”, “consideration”, “GST”, “input tax credit”, “recipient”, “supplier”, “supply”, “taxable supply” and “tax invoice” each has the meaning which it is given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

19. Complaints

19.1 If you wish to make a complaint about the Services provided by us, please contact us in writing (including by email) and provide us with full details of the complaint. You must advise us of your complaint within 48 hours of becoming aware of the issue and within 14 Business Days of the time in which you received the Service from us.

19.2 We will promptly investigate your complaint.

19.3 Within 30 days of receipt of a complaint under clause 19.1, we will respond to you, in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint. We may, in our absolute discretion if we consider appropriate, offer you a no-cost review with our clinical manager.

19.4 If you are not happy with the outcome of our complaints handling, we encourage you to file a complaint with the Health Care Complaints Commission (or NDIS Commission for patients being seen under the NDIS scheme), as we welcome the opportunity to have an independent assessment of the issue.

19.5 You may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of us to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, you may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, 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.

20. General

20.1 Amendment: These Terms may only be amended by written instrument executed by the Parties.

20.2 Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without the prior written consent of us (such consent is not to be unreasonably withheld).

20.3 Email: You agree that we are able to send electronic mail to you and receive electronic mail from you. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

20.4 Entire agreement: These Terms contains the entire understanding between the Parties, and supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

20.5 Further assurance: You agree to promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and your obligations under it.

20.6 Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control.

20.7 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

20.8 Notices: Any notice given under these Terms must be in writing addressed to the relevant address last notified by the recipient to the Parties. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

20.9 Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines. For further information, please see our Privacy Policy available on our Site.

20.10 Relationship of Parties: These Terms is not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

20.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

21. Definitions

In these Terms, unless the context otherwise requires, capitalised terms have the meanings given to them in the Schedule, and:

ACL or Australian Consumer Law means the Australian consumer laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), as amended, from time to time.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Content means online content available on our Site.

Disclosing Party means the party disclosing confidential information to the Receiving Party.

Insolvency Event means any of the following events or any analogous event:

  • (a) a Party disposes of the whole or any part of the Party’s assets, operations or business other than in the ordinary course of business;
  • (b) a Party ceases, or threatens to cease, carrying on business;
  • (c) a Party is unable to pay the Party’s debts as the debts fall due;
  • (d) any step is taken by a mortgagee to take possession or dispose of the whole or any part of the Party’s assets, operations or business;
  • (e) any step is taken for a party to enter into any arrangement or compromise with, or assignment for the benefit of, a Party’s creditors or any class of a Party’s creditors; or
  • (f) any step is taken to appoint an administrator, receiver, receiver and manager, trustee, provisional liquidator or liquidator of the whole or any part of a Party’s assets, operations or business.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Breach means any breach by you of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties), including, but not limited, to you:

  • (a) copying, altering, enhancing, adapting or modifying any of our Intellectual Property;
  • (b) creating derivative works from our Intellectual Property;
  • (c) providing or disclosing our Intellectual Property to, or allowing our Intellectual Property to be used by, any third party;
  • (d) assigning or transferring any of our Intellectual Property Rights or granting sublicenses of any of our Intellectual Property Rights, except as expressly permitted in these Terms;
  • (e) reverse engineering or decompiling any of our Intellectual Property Rights, except where permitted by Law; or
  • (f) using or exploiting our Intellectual Property for purposes other than as expressly stated in these Terms (including, without limitation, using our Intellectual Property for commercial purposes or on-selling our Intellectual Property to third parties).

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Laws means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any person with the authority to bind the relevant Party in connection with these Terms or the provision of the Services.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

Moral Rights has the meaning given in the Copyright Act 1968 (Cth).

New Materials means all Intellectual Property developed, adapted, modified or created by or on behalf of us or you or any of our Personnel in connection with these Terms or the provision of the Services, whether before or after the date of these Terms.

Our Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services that we may provide to you under these Terms, and which may contain material which is owned by or licensed to us, and is protected by Australian and international laws. This includes our Site; our Content; the work and materials that we provide to you in performing the Services and any copyright, registered or unregistered designs, patents or trade mark rights and domain names in respect thereof.

Party means us and/or you.

Period means the term of these Terms.

Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.

Price means any amount payable for Services under these Terms as set out in the Price List.

Price List means our schedule of rates for our Services updated from time to time as available on the Site. This schedule includes appointment costs, pricing for orthotics, cancellation fees, no show fees, credit card fees and if applicable, interest charges.

Premises means our clinics at 281 Madagascar Drive Kings Park and Shop 3a/1 Park Road Wallacia.

Receiving Party means the party receiving confidential information from the Disclosing Party.

Services means podiatry services that we agree to perform under these Terms and includes consults with podiatrists, sale of orthotics, sale of orthotic footwear and sale of related products.

Service Request means a request by you, for the provision of Services by us.

Site means at www.repairsafoot.com.au or as applicable www.facebook.com/RepairsAfootPodiatry.

Statutory Rights has the meaning given in clause 14.1.

Terms means these terms of use.

Third Party Managed Services means clients who have received prior agreement in writing from us that accounts and billing will be managed by a third party.

us or our means the trustee for the Aumeer-Donovan Family Trust trading as Repairs Afoot Pty Ltd (ABN: 91 504 983 453).

you means any person to whom we provide Services.

Your Materials means all work, models, processes, technologies, strategies, materials, information, documentation and services (including Intellectual Property), owned, licensed or developed by or on behalf of you before the commencement date of these Terms and/or developed by or on behalf of you independently of these Terms.

22. Interpretation

In these Terms, unless the context otherwise requires:

  • (a) a reference to these Terms or any other document includes the document, all schedules and all annexures as novated, amended, supplemented, varied or replaced from time to time;
  • (b) a reference to any legislation or law includes subordinate legislation or law and all amendments, consolidations, replacements or re-enactments from time to time;
  • (c) a reference to a natural person includes a body corporate, partnership, joint venture, association, government or statutory body or authority or other legal entity and vice versa;
  • (d) no clause will be interpreted to the disadvantage of a Party merely because that Party drafted the clause or would otherwise benefit from it;
  • (e) a reference to a party (including a Party) to a document includes that party’s executors, administrators, successors, permitted assigns and persons substituted by novation from time to time;
  • (f) a reference to a covenant, obligation or agreement of two or more persons binds or benefits them jointly and severally;
  • (g) a reference to time is to local time in New South Wales; and
  • (h) a reference to $ or dollars refers to the currency of Australia from time to time.

 

For any questions or notices, please contact us at:

Repairs Afoot Pty Ltd ABN 91 504 983 453

Email: info@repairsafoot.com.au

Last update: 28 February 2021

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