TERMS AND CONDITIONS

Please read our terms and conditions before engaging Clarity OT.

 1.  WHY DO WE HAVE THIS AGREEMENT?

We have this agreement is to formalise the Occupational Therapy services we will be providing and the terms and conditions upon which we will be providing those services. 

2.  THE SERVICES WE WILL PROVIDE

We will perform the Services outlined in the Schedule:
with due care, skill and diligence;
in accordance with the standard of performance considered acceptable by the Occupational Therapy Board Code of Conduct; and
in accordance with all relevant legislation, regulations and requirements of authorities at the time.
The Services will be performed personally by us or Our Representatives.
You authorise us to act as your agent in relation to the Services and all matters set out or implied into this Agreement.
We agree to:
keep you informed of progress of the Services; and
keep all your documents secure and return all documents at the termination of this Agreement.

 3.  VARIATIONS AND ADDITIONAL SERVICES

After the Commencement Date, if you require any changes to the Services, or to add additional services, you must notify us as soon as possible, and we may provide you with an amended Schedule and Our Fees or terminate this Agreement at our discretion.
Additional charges will apply for any additional services not included in our Services as set out in the Schedule.
We will notify you as soon as possible if we need to vary the Services or this Agreement in any way.

 4.  YOUR OBLIGATIONS

You must provide all Information required by us in order for us to perform the Services.
You represent and warrant that:
all information you provide is true, correct, current and up to date;
you will respond promptly to any of our requests for further information; and
the Client Representative has full authority to make all your decisions related to the Services.
You acknowledge and agree that:
you will allow us reasonable access to the Site to perform the Services. 
Where you are an insurer or lawyer, you further agree to:
provide all Information at least 2 working days prior to the booked appointment; and
attend all appointments where you are the insurer, and engage in the assessment in good faith, answering all questions to the best of your knowledge.
Where you are an individual, you further agree to:
attend all appointments at the agreed time;
not engage in any use of substances 24 hours prior or during appointment;
not invite any visitors to the Site during appointments;
ensure any pets are not in the appointment area; and
notify us immediately if you are COVID positive or are suffering any COVID related symptoms or any other infectious diseases.
We may become aware during the performance of the Services that you may need additional services, and you agree to co-operate with us in this regard.
We may make recommendations of consultants and suppliers and may brief and co-ordinate consultants and suppliers on your behalf, however, at all times, any engagement of a consultant or supplier is a contract between you and that third party, and you are responsible for all payments to that third party, and we are not to be involved.

 5.  THE FEES YOU NEED TO PAY

You agree that you will pay us Our Fees for the Services.
We will invoice you for Our Fees at the end of the Services
We will also charge you the Late Fee where any documents are received less than 2 business days prior to an appointment. 
We may charge you the Cancellation Fee where you cancel your appointment with less than 48 hours notice. Please email info@clarityot.com.au if you need to cancel.
We will charge you the Non-Attendance Fee, plus related travel costs, where you fail to attend an appointment.
If a medical certificate can be provided within 48 hours of a missed appointment, we may waive all or part of your cancellation charges.
All Invoices are due within 7 days of the invoice, and interest will be charged on any unpaid invoices at the rate of 11% per annum (compounded monthly). Any legal collection fees that are incurred will be charged to you.

 6.  CANCELLATIONS AND REFUNDS

To the extent permitted by law, any refunds for any cancellations of the Services are at our absolute discretion.
We do not provide refunds for your change of mind, or where you failed to provide us with adequate information or clearly explain your needs, or where you have failed to act on our advice.  

 7.  THE AUSTRALIAN CONSUMER LAW

You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer law in the Competition and Consumer Act 2010, including, but not limited to, consumer guarantees that the services are delivered within a reasonable time and with acceptable care and skill.
If you consider that we have breached our obligations under the Australian Consumer Law, please contact us.

 8.  OUR INSURANCES

We maintain professional indemnity insurance and will provide a certificate of currency on request.
You must maintain professional indemnity and public liability in the amounts and with reputable insurers as we direct and must provide a certificate of currency on request.   

 9.  INTELLECTUAL PROPERTY AND PUBLICITY

We own or have a license to use all Intellectual Property Rights in any materials we may provide you throughout the performance of the Services. This includes in any presentations or resources we provide to you. You must not use the materials other than for your own private use. Further use of the materials will be subject to additional fees.
You permit us to photograph and/or video you and your home environment information and training purposes to assist your care. You must seek our prior written consent before any publication of information about our Services. 

 10.  LIMITED LIABILITY AND INDEMNITY

The terms in this Agreement that exclude or limit our liability will apply only to the extent permitted by law. Provisions of the Australian Consumer Law and other statutes from time to time in force cannot be excluded, restricted or modified or can only be restricted or modified to a limited extent.
This Agreement must be read and construed subject to any such statutory provisions. If any such statutory provisions apply, then to the extent to which we are entitled to do so, our liability under those statutory provisions will be limited, at our option to:
the replacement of the services or the supply of equivalent services; or
the payment of the cost of replacing the services or of acquiring equivalent services.
You agree and acknowledge that we are not liable for any Loss or Damage which may result from the Services.
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice we have sent you that has been paid.
You acknowledge, agree and undertake that you shall be the legally responsible party for any conduct by you in respect of any legal proceedings and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any conduct by you in using our Services, any third-party claims.

 11. TERMINATION

We may either suspend the Services, or terminate the Services where: 
you request additional services, and we are unable to complete the Services in accordance with the Schedule; and/or
due to the negligence or inefficiencies of other consultants or suppliers additional work and/or time is required for us to perform the Services.
We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any of our invoices, do not provide a safe environment, breach this Agreement, or commit an act of bankruptcy.
Upon termination, you must pay to us all accrued Fees owing up to the date of termination and return any of our materials.
Clause 9-13 survive termination of this Agreement.

 12.  IF THERE IS A DISPUTE

If at any time any aspect of the Services is not reasonably acceptable to you or we disagree on the quality or substance of the Services you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

 13. THE GOVERNING LAW AND OTHER MATTERS

This agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter.
This Agreement may not be modified or amended except in writing signed by both parties.
If any Services have been provided by us before the data of signing of this Agreement, the parties agree that this Agreement applies retrospectively.
The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision.
In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect.
This Agreement must not be transferred or assigned without the prior written consent of the other party.
This Agreement is governed by the laws from time to time in force in the state of WA, Australia.  Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of WA, Australia for determining any dispute concerning this Agreement.

 DEFINITIONS:

"Additional Services" means any services beyond the scope of the Services.
“Agreement” means these terms and conditions, and the Schedule.
"Claim" means ay claim under statute, tort, contract or negligence, any demand, awards or costs.
"Commencement Date" means the date this Agreement is signed or the date that the services commenced, whichever is the earlier, and is described in the Schedule.
“Intellectual Property Rights” means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
“Loss or Damage” means any direct, indirect, consequential or incidental loss or damage, including but not limited to, any personal injury, death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Services.
“Our Representatives” means any of our employees, independent contractors, agents, consultants, advisors, and other representatives.
All other capitalised terms are defined in the Schedule.