Terms & Condition
Nurtured Thoughts Psychology Terms & Condition
In these Terms, when we say you or your, we mean both you and any individual you are legally authorised to represent, such as your child or an adult who does not have legal capacity.
When we say we, us, or our, we mean SWN Co Pty Ltd trading as Nurtured Thoughts (ACN 653 561 810).
Party means either you or us, and Parties means both you and us.
These Terms form our contract with you and set out our obligations as a service provider and your obligations as a patient. You cannot use our Services unless you agree to these Terms.
Some capitalised words in these Terms have defined meanings. Each time a defined word is used, it has the same meaning. You can find a list of defined words and their meanings at the end of these Terms.
For questions about these Terms, or to get in touch with us, please email: admin@nurturedthoughts.com.au.
These Terms were last updated on July 2026
Our Disclosures
Please read these Terms carefully before accepting them. We draw your attention to the following:
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Some consultations may be eligible for a Medicare rebate, but this is not guaranteed. Where a Medicare rebate is available, this will depend on the type of consultation, the clinician involved, Medicare eligibility and applicable Medicare rules.
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Our Privacy Policy, available on our website, sets out how we handle your Personal Information.
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Clause 1.4 explains how we may amend these Terms.
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Clause 21 explains your rights under the Australian Consumer Law.
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Clause 22 explains exclusions and limitations to our liability.
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We may amend these Terms from time to time by giving written notice to you. If you continue to use our Services after receiving notice of the amended Terms, or 30 days after notification, whichever occurs earlier, you agree to the amended Terms. If you do not agree to the amended Terms, you may stop using our Services from the date of the change by giving written notice to us.
These Terms do not limit your rights and remedies at Law, including any Consumer Law Rights.
Disclaimer
The information on our website and any online booking or intake platform is intended to be general information only. Unless you have undertaken a Consultation with us, it is not intended to be medical advice, treatment or diagnosis, and should not be relied on as a substitute for medical advice.
We do not accept any Liability for any injury, loss or damage incurred by you, or a third party, from your use of, or reliance on, information published on our website or any online booking or intake platform.
You should seek immediate advice from a medical practitioner if you have any concerns about your health.
We provide Services that allow you to obtain consultations with a Medical Practitioner or other health practitioner in relation to the services listed on our website, including ADHD assessment and management.
If you require immediate medical attention, contact your treating General Practitioner or call 000.
Do not use our Services if you have an emergency or critical medical condition, including chest pain, respiratory distress, stroke symptoms, suicidal crisis, or any other illness requiring urgent medical attention.
By using our Services or attending a Consultation, you acknowledge and agree that there is no guarantee of a specific outcome, result, diagnosis, prescription, report, treatment plan or finding.
A diagnosis will only be provided if, in the clinician’s professional opinion, the assessment results and available information support that diagnosis.
If you are in doubt about the seriousness of your condition, the appropriateness of using our Services, or whether you or another person is in an urgent, dangerous or emergency situation, you should not use our Services and should instead call 000 or seek appropriate urgent medical care.
Using Our Telehealth Services
1. Acceptance and Term
1.1 We provide access to an online booking and intake process through our website and/or third-party practice management systems, including Halaxy.
This allows you to request or book a Consultation, complete relevant forms, receive appointment information and attend telehealth appointments.
The platform is used for booking, intake and administrative purposes. You are not provided with an ongoing patient login or account to access a Nurtured Thoughts platform.
1.2 These Terms apply from when you make a Booking Request with us and continue while you receive Services from us.
1.3 You must be at least 18 years old to use our Services.
If you book a Consultation for a person under 18, or for a person who does not have legal capacity to make medical decisions, you warrant that you have the legal authority to make medical decisions on behalf of that individual and you must be present for the Consultation where required.
1.4 Variations
We may amend these Terms at any time by providing written notice to you.
If you continue to use our Services after receiving notice of the amended Terms, or 30 days after notification, whichever occurs earlier, you agree to the amended Terms.
If you do not agree to the amended Terms, you may stop using our Services from the date of the change by giving written notice to us.
2. Our Services
2.1 In consideration of your payment of the Fees, we will provide the Services in accordance with these Terms, whether ourselves or through our Personnel.
2.2 Our Services may include:
(a) access to online booking and intake processes;
(b) telehealth and/or in-person consultations with a Medical Practitioner or other health practitioner;
(c) ADHD assessment and management services;
(d) psychiatry, psychology, counselling or other mental health services, where available;
(e) preparation of reports, letters, referrals or management plans where clinically appropriate; and
(f) follow-up care, monitoring and administrative support.
2.3 Nurtured Thoughts is not a pharmacy. We do not manufacture, dispense, administer, distribute, sell or supply medications.
Where medication is prescribed, dispensing is arranged directly between you and a pharmacy.
3. Eligibility and Use of Services
3.1 Our Services can only be accessed if you meet the relevant eligibility criteria for the service.
You acknowledge and agree that we may accept or reject a Booking Request at our discretion, including where the service is not clinically appropriate for you.
3.2 You agree to:
(a) provide information that is true, accurate, complete and up to date;
(b) promptly notify us if any information you previously provided changes or was inaccurate;
(c) complete required forms and questionnaires honestly and in full;
(d) treat our clinicians and staff respectfully; and
(e) comply with reasonable clinical and administrative instructions.
The Services You Can Access
4. Consultation Services
4.1 You understand and agree that Medical Practitioners and other health practitioners will only provide advice, assessment and treatment within the scope of the relevant Consultation Services.
Our Services do not replace the role of your regular General Practitioner. You should maintain ongoing care with your regular GP for general health needs, physical health monitoring and continuity of care.
4.2 Before you attend your Consultation, you must:
(a) complete our online questionnaires, consent forms and intake forms in full;
(b) accept these Terms;
(c) provide accurate and complete information about your medical history, mental health history, current medications, symptoms and any other health information requested by us or the clinician; and
(d) pay the required Deposit to secure your appointment.
4.3 All Medical Practitioners operate under the relevant codes of practice, professional obligations and regulations in Australia.
The Medical Practitioner is responsible for:
(a) determining whether you are eligible for the Consultation Services;
(b) determining your diagnosis, treatment plan and all clinical aspects of your care;
(c) deciding whether any medication, testing, monitoring or referral is clinically appropriate; and
(d) deciding whether telehealth is clinically appropriate for your circumstances.
4.4 Consultations are usually held by video link. We will provide you with appointment details before your Consultation.
If there are technical difficulties, the clinician may attempt to contact you by phone.
4.5 Exclusions
Our ADHD Consultation Services are directed at ADHD assessment, diagnosis, treatment planning and ongoing ADHD management.
Other clinical needs may be outside the scope of our Services. Where your needs fall outside our scope, we may recommend that you see your regular GP, a psychiatrist, psychologist, emergency service, or another appropriate service.
5. Booking a Consultation
5.1 You may book or request a Consultation by:
(a) completing an online enquiry or questionnaire;
(b) providing your contact details for a member of our team to contact you; or
(c) selecting the “Book Now” option on our website, where available.
This is a Booking Request.
5.2 We may accept or reject a Booking Request at our discretion.
We do not guarantee that a Booking will be available at any particular time or with any particular clinician.
5.3 Once we receive your Booking Request, we may contact you by phone, SMS or email to confirm your availability and suitability for the Consultation.
5.4 Once your Booking is confirmed, we will send you confirmation by email or SMS with the Consultation details, including the date and time.
It is your responsibility to check the details in the email or SMS.
5.5 Due to unforeseen circumstances, we or the clinician may need to reschedule your Booking.
Where we need to reschedule a Booking, we will notify you as soon as reasonably practical and arrange another time with you.
6. Cancelling a Consultation
6.1 You may cancel or reschedule your Booking by emailing us with at least 72 hours’ notice.
Your Booking is not cancelled until we confirm the cancellation in writing.
6.2 If you do not attend your Booking and have not requested cancellation or rescheduling at least 72 hours in advance, the Booking will be considered missed and the Deposit will be non-refundable.
6.3 If you do not complete all required intake forms, consent forms, questionnaires and observer questionnaires in full before your Booking, we may cancel or reschedule your Booking.
Subject to your Consumer Law Rights, the Deposit may be non-refundable.
6.4 We may cancel your Booking if:
(a) you do not pay the required Deposit;
(b) we do not have an available clinician to attend the Consultation;
(c) the clinician determines that telehealth is not clinically appropriate;
(d) your presentation is outside the scope of our Services; or
(e) your condition requires urgent or in-person medical care.
If we cancel because we do not have an available clinician, we will provide a full refund of the Fees paid for that Booking.
6.5 We may cancel a Consultation in progress if:
(a) your conduct towards the clinician or staff becomes abusive, threatening or inappropriate;
(b) there are technical issues that prevent the Consultation from proceeding safely or effectively;
(c) the clinician determines that telehealth is not appropriate; or
(d) your medical condition requires urgent or in-person medical attention.
If the Consultation is cancelled because of abusive or inappropriate behaviour, you will not be entitled to a refund of the Consultation Fee, subject to your Consumer Law Rights.
If the cancellation occurs because of technical difficulties, clinical unsuitability for telehealth, or the need for urgent in-person care, we will assess refund eligibility having regard to the circumstances, the Services already provided and your Consumer Law Rights.
7. Prescriptions
7.1 The decision to prescribe any medication, including any repeats, rests entirely with the Medical Practitioner.
The Medical Practitioner will make this decision based on their professional judgement, your health conditions, medical history, mental health history, medication history, risk factors, contraindications, monitoring information and applicable prescribing requirements.
If the Medical Practitioner determines that medication is not suitable, safe or necessary, they may decide not to prescribe it.
You are not entitled to a refund solely because a Medical Practitioner does not issue a prescription.
7.2 You understand and agree that the Medical Practitioner may request additional information before prescribing, including:
(a) evidence of previous prescriptions;
(b) a GP health summary;
(c) blood pressure, heart rate or other physical health observations;
(d) blood tests;
(e) ECG;
(f) urine drug screening;
(g) collateral information; or
(h) information from your regular GP or other treating clinicians.
7.3 Some medications may be unavailable, in shortage, or subject to additional dispensing or prescribing restrictions.
We are not responsible for medication availability, pharmacy stock levels, pharmacy dispensing decisions or pharmacy delivery timeframes.
7.4 You acknowledge that Schedule 8 and other restricted medications may be subject to state and territory prescribing and dispensing requirements.
Where a Script is issued by a Medical Practitioner practising in a particular state or territory, there may be restrictions on where that Script can be dispensed.
You must follow the instructions given by your Medical Practitioner and pharmacy regarding dispensing.
7.5 If you attempt to have a Script dispensed contrary to the instructions given to you, you do so at your own risk.
We accept no Liability for consequences arising from your failure to follow prescribing or dispensing instructions.
8. Your General Practitioner
8.1 As part of your care, we may ask you to nominate a regular General Practitioner.
8.2 By nominating a General Practitioner, you agree that we may send relevant correspondence to your General Practitioner where clinically appropriate, including diagnostic letters, treatment summaries, referral letters and relevant test results.
We do not provide copies of full consultation notes to your General Practitioner unless you ask us to, or unless disclosure is otherwise required or authorised by law.
If you would like us to send copies of your Medical Records to your General Practitioner, you can contact us and complete a release of medical records form.
8.3 Because our Services are provided by telehealth and may involve medication prescribing, including Schedule 8 medication where clinically appropriate, ongoing coordination with your regular GP may be important for safe care.
You may be required to undertake regular check-ins with your General Practitioner to monitor your health, including blood pressure, heart rate, weight, medication response, side effects and general wellbeing.
8.4 You acknowledge and agree that if you do not attend recommended GP check-ins, or do not consent to provide us with information from those check-ins, we may need to pause or cease providing some or all Services to you.
9. Medication Dispensing
9.1 Where appropriate, the Medical Practitioner may prescribe medication and issue you with a Script.
9.2 Nurtured Thoughts is not a pharmacy and does not sell, supply, dispense, administer, distribute or deliver medication.
9.3 If a Script is issued, it may be:
(a) sent to you as an electronic prescription token, where legally and clinically appropriate;
(b) sent to a pharmacy nominated by you, where legally and clinically appropriate; or
(c) handled in another way advised by your Medical Practitioner, depending on the medication and applicable prescribing or dispensing requirements.
9.4 Dispensing is a matter between you and the dispensing pharmacy.
The pharmacy may decide whether it is able or willing to dispense the Script. The pharmacy may contact you or the Medical Practitioner if it requires clarification.
9.5 To the maximum extent permitted by Law, we are not responsible for and accept no Liability for:
(a) a pharmacy’s decision to dispense or not dispense a Script;
(b) medication availability or stock shortages;
(c) medication costs charged by a pharmacy;
(d) pharmacy delivery or postage arrangements;
(e) delays in dispensing or delivery; or
(f) any interaction between you and a pharmacy.
10. Fees and Payment
Deposit
10.1 To secure your Booking, you must pay a deposit of $295 at the time of booking, unless otherwise specified on our website or disclosed to you by us.
This is the Deposit.
10.2 Payment of the Deposit is required when you schedule your Booking.
10.3 The Deposit will be applied against the Consultation and Assessment Fee.
Fees
10.4 For the ADHD assessment pathway, the Fees are made up of:
(a) the Consultation and Assessment Fee, which is the same amount as the Deposit, being $295, and represents the cost of booking and conducting your initial Consultation and assessment process within that Consultation; and
(b) the Report Writing and Management Fee, being $1,650, or as otherwise set out on our website or disclosed to you.
10.5 After your Consultation, if the Medical Practitioner determines that ADHD is not diagnosed, you will only be charged the Consultation and Assessment Fee.
In that case, the Deposit will be applied against the Consultation and Assessment Fee, and no Report Writing and Management Fee will be payable.
10.6 If ADHD is diagnosed, you will be charged the Report Writing and Management Fee.
The Report Writing and Management Fee covers services which may include report writing, preparation of a treatment or management plan, liaison with your General Practitioner or other health practitioners, gathering information required to assess treatment options, prescription-related work where clinically appropriate, and related administrative or clinical management work.
10.7 Additional Consultations will be charged at $249 per session, unless otherwise disclosed on our website or disclosed to you.
10.8 Unless otherwise agreed, payment of any applicable Fees, less the Deposit already paid, is required by credit card or other approved payment method within 48 hours of us notifying you of the amount payable.
10.9 If you do not pay required Fees when due, we may cancel or pause your Booking or Services in accordance with these Terms and, subject to your Consumer Law Rights, retain the Deposit.
10.10 We may offer payment through a third-party payment provider, such as Stripe, PayPal or another provider.
You acknowledge and agree that we do not control third-party payment providers, and your use of their services may be subject to separate terms and conditions.
10.11 You must not pay, or attempt to pay, the Fees by fraudulent or unlawful means.
If you make a payment by debit card or credit card, you warrant that you are authorised to use that card.
If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your account in accordance with these Terms and warrant that you are either the account holder or an authorised signatory.
10.12 Taxes
You are responsible for paying any levies or taxes associated with your use of our Services, unless we are required by Law to collect these on your behalf.
10.13 We do not store credit card details. Payment information is collected and stored through our third-party payment processor.
10.1 Subject to these Terms and your Consumer Law Rights, Fees are only refundable or cancellable in accordance with your Consumer Law Rights and these Terms.
Fees will not be refunded solely because a Consultation does not result in a diagnosis, prescription, treatment, report, referral, or other specific outcome.
We cannot guarantee the provision of prescriptions, treatment, reports or documentation in every case.
10.15 We may change the Fees from time to time. If we change the Fees, we will update our website and/or provide notice where required.
Medicare Rebates
10.16 Some Consultations may be eligible for a Medicare rebate.
Medicare rebate eligibility depends on factors including the type of Consultation, the clinician, Medicare rules, referral requirements, patient eligibility and whether the service meets Medicare requirements.
Not all Consultations are eligible for a Medicare rebate. We do not guarantee that a Medicare rebate will be available for any Consultation unless this is specifically confirmed to you.
Where a Medicare rebate is available, the rebate amount may not cover the full cost of the Consultation, and you will remain responsible for any out-of-pocket cost.
Financial Hardship
10.17 We recognise that ADHD is often genetic and may affect multiple family members, which can create financial stress.
If several family members require assessment and you are concerned about affording the Fees, please contact us directly to discuss your circumstances.
We may be able to assist with payment arrangements on a case-by-case basis.
10.18 Any arrangements made under this clause will be documented separately and are subject to our discretion.
11. Consent to Deduct Outstanding Fees
11.1 If you attend your appointment and we provide Services to you, but you fail to pay the remaining balance of the Fees in accordance with these Terms, you authorise and consent to us, or our nominated third-party payment processor, debiting your nominated credit card or bank account on file to recover the outstanding amount.
11.2 We will send you reminder notices before debiting your account where reasonably practical.
If payment is not received after reasonable reminders, we may deduct the outstanding Fees from your nominated card or account progressively until the full amount is paid.
11.3 We may withhold Prescriptions, reports, letters or other documents until all outstanding Fees are paid in full, unless withholding the document would be unlawful or clinically inappropriate.
11.4 If we are unable to recover outstanding Fees through the methods set out in this clause, we reserve the right to take debt recovery action, including issuing a letter of demand or engaging a debt collection agency.
12. Accuracy of Information
12.1 You acknowledge and agree that:
(a) the Medical Practitioner and other clinicians will rely on the accuracy and completeness of the information you provide, including self-reported blood pressure readings, mental health history, medication history and symptom descriptions;
(b) providing inaccurate, incomplete or misleading health information may expose you to serious health risks and may affect the appropriateness of any diagnosis, treatment, prescription or recommendation;
(c) we may request photographic or other evidence to verify certain health information you provide, such as blood pressure readings, and you agree to provide such evidence when reasonably requested;
(d) where appropriate and with your consent, we may liaise with your General Practitioner or other treating practitioners to verify information you have provided or to ensure coordinated care; and
(e) you must immediately notify us if any information you previously provided changes or was inaccurate.
13. Third Party Contributors
13.1 As part of the assessment process, we may ask family members, close friends, partners, carers, employers, teachers or other relevant people to provide information or complete questionnaires on your behalf.
These people are referred to as Third Party Contributors.
13.2 Before we approach any Third Party Contributor, we will provide you with information about:
(a) what information we are seeking;
(b) how that information may be used in your assessment; and
(c) the potential impact on our ability to provide a diagnosis if Third Party Contributor information is not available.
13.3 By providing the details of a Third Party Contributor and giving consent, you:
(a) authorise us to contact the Third Party Contributor;
(b) consent to us disclosing that you are undertaking an assessment with us, to the extent needed to request information; and
(c) consent to us using information provided by the Third Party Contributor in your assessment.
13.4 You are not required to provide details of a Third Party Contributor.
However, if collateral or Third Party Contributor information is not available, the clinician may determine that there is insufficient information to provide a diagnosis.
The clinician will discuss this with you during the assessment where relevant.
14. Third Party Providers
14.1 You acknowledge and agree that our Services may rely on Third Party Providers, including practice management systems, telehealth platforms, payment processors, IT providers, CRM providers, email providers and cloud hosting providers.
14.2 You acknowledge that if you do not agree to the terms or requirements of relevant Third Party Providers, this may affect our ability to provide the Services.
14.3 To the maximum extent permitted by Law, we are not liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with, the acts or omissions of Third Party Providers.
14.4 This clause survives the termination or expiry of these Terms.
15. Use of Online Booking and Intake Systems
15.1 We may provide access to online booking, intake, form completion, telehealth or payment systems to support the delivery of our Services.
These systems are provided for booking, intake and administrative purposes. They do not create an ongoing patient account or login to a Nurtured Thoughts platform unless we expressly tell you otherwise.
15.2 You must not:
(a) access or use any online system in a way that is improper, unlawful, fraudulent or breaches another person’s rights;
(b) interfere with or interrupt the operation of any online system;
(c) introduce viruses or malicious code;
(d) attempt to access data, systems or accounts you are not authorised to access;
(e) circumvent authentication or security controls; or
(f) use any online system to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, threatening, harassing or unwanted.
16. Availability, Disruption and Downtime
16.1 While we try to make our Services available to you, we do not promise that our website, booking systems, telehealth systems or administrative systems will be available 100% of the time.
Services may be disrupted from time to time, including because of scheduled or emergency maintenance, technical issues or third-party provider outages.
16.2 Our Services may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting, practice management, telehealth or payment providers.
To the maximum extent permitted by Law, we are not liable for disruptions or downtime caused or contributed to by third parties.
16.3 We will try to provide reasonable notice, where possible, of any major disruption to your access to our Services.
17. Intellectual Property
17.1 We own all intellectual property rights in our Services, website, documents, forms, templates, processes and materials, unless otherwise stated.
You agree not to copy, reproduce, misuse, reverse engineer, adapt or otherwise use our intellectual property without our written permission.
17.2 We may use any feedback or suggestions that you give us in any way we consider appropriate, including to improve or develop our Services.
No benefit or compensation will be owed to you as a result of our use of your feedback or suggestions.
18. Medical Records
18.1 We will retain relevant medical records in accordance with applicable Laws and professional obligations.
Records will be held electronically during and after the period in which we provide Services to you.
18.2 You agree that the Records are and will remain our property, subject to your rights under applicable privacy and health records laws.
18.3 You may request access to, or transfer of, your Records in accordance with applicable laws and our policies.
18.4 We do not own Your Data. However, when you provide, enter or upload Your Data in connection with our Services, you grant us the right to access, analyse, backup, copy, store, transmit and otherwise use Your Data as reasonably necessary to provide our Services and comply with our obligations.
18.5 We may use Your Data, or disclose it to third-party service providers, to:
(a) supply our Services to you;
(b) perform our obligations under these Terms;
(c) communicate with you;
(d) diagnose problems with our Services;
(e) improve, develop and protect our Services;
(f) comply with legal, regulatory or professional obligations;
(g) perform administrative, billing and clinical support functions; and
(h) send you information based on your marketing preferences.
18.6 We may create anonymised statistical data from Your Data and your use of our Services.
Once anonymised, we may use that data for our own purposes, including to improve our Services, identify business trends and develop new services, provided the data is not reasonably capable of identifying you.
18.7 If you do not provide Your Data to us, it may affect our ability to provide Services to you.
19. Confidential Information and Personal Information
19.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us.
Each Party agrees to take reasonable steps to protect the other Party’s confidential information and not misuse or disclose it without permission, except as permitted by these Terms or required by Law.
19.2 Either Party may share confidential information with legal, regulatory or professional authorities if required or authorised by Law.
19.3 We collect, hold, disclose and use Personal Information in accordance with our Privacy Policy, and applicable privacy laws.
19.4 You must only disclose Personal Information to us if you have the right to do so, such as having the individual’s consent.
19.5 We may disclose Personal Information to third parties where reasonably necessary to provide our Services or operate our business, including:
(a) clinicians and staff involved in your care;
(b) your nominated GP or other treating practitioners, where appropriate and authorised;
(c) IT and administrative service providers;
(d) practice management, telehealth and payment providers;
(e) professional advisors; and
(f) regulatory or legal authorities where required or authorised by Law.
19.6 We may engage offshore workers or service providers to assist with administrative tasks related to the Services.
These workers or providers may remotely access our systems and handle information as part of their role.
We will take reasonable steps to ensure offshore workers and service providers handle Personal Information in accordance with our Privacy Policy and applicable privacy laws.
19.7 Where we are required by Law to report on our activities, you acknowledge that we may request information from you to meet those requirements, and you agree to provide that information within reasonable timeframes.
20. Use of AI
20.1 You acknowledge and agree that we may use AI Systems to support the provision of our Services.
This may include Medical Practitioners or other clinicians using AI Systems to assist with transcription, note-taking, drafting letters, preparing reports, or administrative tasks.
We will not intentionally input your Personal Information into any AI System that trains its model on that information.
The use of AI Systems will be governed by our Privacy Policy.
20.2 Where we or any clinician use an AI System, we agree, to the extent reasonably within our control, to:
(a) comply with applicable Laws and relevant professional guidance;
(b) use reasonable endeavours to ensure the AI System and its outputs do not infringe third-party intellectual property rights;
(c) ensure AI outputs have appropriate human oversight;
(d) ensure AI outputs are reviewed and validated by us or the relevant clinician before being relied upon clinically; and
(e) not knowingly input sensitive information into an AI System that trains its model on that information.
21. Australian Consumer Law
21.1 In some jurisdictions, you may have guarantees, rights or remedies provided by Law, including under the Australian Consumer Law.
These are referred to as Consumer Law Rights.
Nothing in these Terms excludes, restricts or modifies your Consumer Law Rights.
21.2 Subject to your Consumer Law Rights, we do not provide a refund for change of mind or change in circumstances.
21.3 If our Services are not ordinarily acquired for personal, domestic or household use or consumption, our Liability for a breach of your Consumer Law Rights may be limited, where permitted by Law, to supplying the Services again or paying the cost of having the Services supplied again.
22. Liability
22.1 To the maximum extent permitted by Law, we will not be liable for, and you release us from Liability for, any Liability caused or contributed to by, arising from or connected with:
(a) you not providing correct, complete and current health or medical information;
(b) your computing environment, including your hardware, software, internet connection, telecommunications services or systems;
(c) use of our Services by a person or entity other than you;
(d) your failure to follow reasonable clinical or administrative instructions;
(e) your failure to seek urgent or in-person care when advised or when clinically required;
(f) any act or omission of a pharmacy or other third-party provider; or
(g) any event outside our reasonable control.
22.2 Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by Law:
(a) neither Party will be liable for Consequential Loss;
(b) a Party’s liability will be reduced proportionately to the extent the Liability was caused or contributed to by the acts or omissions of the other Party;
(c) where permitted, our Liability for failure to comply with relevant Consumer Law Rights is limited to resupplying the Services or paying the cost of having the Services supplied again; and
(d) our aggregate Liability to you arising from or in connection with these Terms will be limited to the Fees you have paid us under these Terms.
23. Suspension and Termination
23.1 We may suspend or cease providing Services to you where we reasonably believe:
(a) there has been unauthorised, improper, abusive, fraudulent or unlawful use of our Services;
(b) you have provided inaccurate, incomplete or misleading information;
(c) continuing to provide Services is clinically inappropriate or unsafe;
(d) you have not paid outstanding Fees;
(e) you have breached these Terms; or
(f) you require care outside the scope of our Services.
23.2 We may terminate these Terms if:
(a) you breach these Terms and do not remedy the breach within 14 days of being notified;
(b) you breach these Terms and the breach cannot be remedied;
(c) you experience an insolvency event; or
(d) we determine that it is no longer clinically appropriate, safe or practical to continue providing Services to you.
23.3 You may terminate these Terms if:
(a) we breach these Terms and do not remedy that breach within 14 days of you notifying us; or
(b) we breach these Terms and the breach cannot be remedied.
23.4 You may also stop using our Services at any time by notifying us in writing.
23.5 We may also stop providing Services at any time by notifying you in writing, subject to our professional obligations and any applicable Laws.
23.6 Upon termination of these Terms, we will retain Your Data, including copies, as required by Law, professional obligations and regulatory requirements.
23.7 Termination of these Terms will not affect any rights or liabilities that accrued before termination.
24. General
24.1 Assignment
You may not transfer or assign these Terms, including any benefits or obligations, to any third party without our prior written consent.
We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party, where permitted by Law.
24.2 Disputes with us
Neither Party may commence court proceedings relating to any dispute arising from or in connection with these Terms unless the Parties first attempt in good faith to resolve the dispute.
Nothing in this clause prevents either Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
If the dispute is not resolved through initial discussions, either Party may refer the matter to mediation administered by the Australian Disputes Centre in accordance with its guidelines.
24.3 Events Outside Our Control
We will not be liable for any delay or failure to perform our obligations if the delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.
24.4 Governing law
These Terms are governed by the laws of New South Wales, and any matter relating to these Terms is to be determined exclusively by the courts of New South Wales and any courts entitled to hear appeals from those courts.
24.5 Illegal Requests
We may refuse any request for or in relation to our Services that we consider inappropriate, unethical, unreasonable, illegal, unsafe or otherwise inconsistent with these Terms.
24.6 Marketing
You agree that we may send you electronic communications about our products and services.
You may opt out at any time by using the unsubscribe function in our electronic communications or by contacting us.
24.7 Nature of Legal Relationship
These Terms do not create a partnership, joint venture, employment or agency relationship between you and us.
24.8 Notices
Any notice you send to us must be sent to the email address set out at the beginning of these Terms.
Any notice we send to you will be sent to the email address or mobile number you provided to us.
24.9 Survival
Clauses 17 to 24 survive the termination or expiry of these Terms.
24.10 Third Party Sites
Our website or communications may contain links to websites operated by third parties.
Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, content on third-party websites.
If you purchase goods or services from a third-party website, those goods or services are provided by that third party, not us.
We may receive a benefit, referral fee or commission if you visit certain third-party websites through a link from our website or communications. Where required, we will disclose this to you.
25. Definitions
In these Terms, unless the context otherwise requires:
AI System means any machine-based system that can, for a given set of objectives, generate outputs such as predictions, recommendations, decisions or content. This includes generative AI tools, AI scribes, large language models, chatbots and AI-assisted productivity tools.
Booking means a confirmed appointment for a Consultation.
Booking Request means a request by you to book a Consultation.
Consequential Loss includes any consequential loss, special or 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, or loss or corruption of data, whether under statute, contract, equity, tort, indemnity or otherwise.
Consultation means a consultation with a Medical Practitioner or other health practitioner arranged through us.
Consumer Law Rights means any guarantees, rights or remedies you may have under applicable consumer laws, including the Australian Consumer Law.
Deposit means the deposit payable to secure a Booking.
Fees means the fees payable by you to us, including the Deposit, Consultation and Assessment Fee, Report Writing and Management Fee, Consultation Fee or other fees payable for our Services.
General Practitioner means a medical doctor who provides primary healthcare services to you.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment, whether under statute, contract, equity, tort, indemnity or otherwise.
Medical Practitioner means a medical practitioner registered with the Australian Health Practitioner Regulation Agency.
Medication means medication specified on a Script.
Personal Information means information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual who is identified or reasonably identifiable.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents.
Records means medical records or health records created or held in connection with the Services.
Script means a medical prescription, including an electronic prescription.
Services means the services we provide to you, as set out in these Terms.
Third Party Contributor means a person who provides information relevant to your assessment, such as a family member, partner, carer, employer, teacher, friend or other relevant person.
Third Party Provider means an external provider we use or rely on to provide the Services, including practice management systems, telehealth platforms, payment processors, IT providers, CRM providers, email providers and cloud hosting providers.
Your Data means information, materials, documents, health information, Personal Information and other data supplied by you when receiving our Services or generated through your use of our Services.