1. Appointments
1.1. Welcome to Emma Earley & Co. Your appointment is important time allocated to your health.
1.2. Emma Earley & Co endeavor to be available to you for not only the duration of your appointment but also for ongoing necessary correspondence between scheduled appointments via telephone, email and text message correspondence.
1.3. Emma Earley & Co reserves the right to review and change any of the appointment terms and conditions on this page at its sole discretion. When Emma Earley & Co will use reasonable endeavours to issue pre-appointment confirmation text messages to allow time to confirm your appointment.
1.4. Emma Earley & Co will use reasonable endeavours to provide opportunities to record your response to this text message. However, if this message (or other means of communication) do not confirm your attendance a cancellation fee will be issued if less than 24 hours’ notice is provided.
1.5. Failure to respond to aforementioned text message may result in your appointment being cancelled.
1.6. Emma Earley & Co’s cancellation fees is $100 for private billing clients and the full NDIS fee for clients under an NDIS service agreement.
2. Fees and Invoices
2.1. Invoices will be settled on the day of your appointment either in person via EFTPOS, direct deposit or via credit card payment following the Manage My Invoice hyperlink within the Halaxy invoice email (sent from hello@emmaearley.com.au or any other email address associated with Emma Earley & Co. Specialist Nutrition and Dietetics).
2.2. Payment is expected on the day of your consultation.
2.3. NDIS clients are expected to pay on the day of consultation, unless Emma has pre-approved invoices to be settled by a plan manager (third party).
2.4. If payment is not received by any of the payment methods listed above within 14 days of your appointment, we reserve the right to enact the following credit terms.
We reserve the right to refer the collection of any outstanding accounts to a debt collection agency without notice to you. You agree to be liable for any recovery costs and expenses we incur as a result of the referral of the debt to a debt collection agency and furthermore you agree that section 27 (1) of the Debt Collectors (Field Agents and Collection Agents) Act 2014 (Qld) does not apply to our agreement. In the event that the collection of the debt is referred to our lawyers, you accept liability for and indemnify us for all of our legal costs on a solicitor-client basis. Interest on overdue invoices shall accrue daily from the date when payment becomes due until the date of payment at the rate of 2% per calendar month.
3. Client obligations
3.1. Attend your appointment at the allocated time.
3.2. Advise of the need to cancel your scheduled appointment within 24 hours.
3.3. Share all relevant personal and medical information with your health care team so that the very best clinical judgement and relevant advice can be provided.
3.4. Advise if you DO NOT give permission for your dietitian and associated administration staff to access relevant medical and health information from other members of your health care team.
4. Privacy
4.1. Emma Earley & Co takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Emma Earley & Co’s Privacy Policy, which is available on the Website.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
5.2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Emma Earley & Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
5.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Emma Earley & Co make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Emma Earley & Co) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website or the Services of Emma Earley & Co; and
(d) the Services or operation in respect to links which are provided for your convenience.
6. Limitation of liability
6.1. Emma Earley & Co’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
6.2. You expressly understand and agree that Emma Earley & Co, her affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6.3. You understand and agree that any information provided on the Website is intended to be general in a nature only, is not tailored for you and is not a substitute for professional advice.
7. Indemnity
7.1. You agree to indemnify Emma Earley & Co, her affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
8. Venue and Jurisdiction
The Services offered by Emma Earley & Co are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
9. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
10. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
11. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.