Terms of Service

1. Agreement and scope

These Terms of Service (the "Terms") form a binding agreement between you and AK Healthcare Group Pty Ltd, ABN: as recorded on the Australian Business Register ("we", "us", "our"), and govern your access to and use of our website at akhealthcaregroupau.space and any healthcare and medical services we supply to you or on your behalf.

By engaging our services, submitting a quote request, or otherwise using this website, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our website or services.

These Terms apply together with any service agreement, engagement letter, care plan or written quote we issue to you. Where a signed service agreement sets out terms that differ from these Terms, the signed agreement prevails to the extent of the inconsistency.

2. Our services

We provide healthcare and medical services, which may include nursing support, personal care, allied health assistance, care coordination, disability and aged care support, and related administrative and consulting services. The specific services we will provide to you, along with any scheduling, inclusions and exclusions, will be set out in your written quote or service agreement.

Our services are delivered subject to clinical appropriateness, available staffing, applicable professional standards, and any directions from registered health practitioners or funding bodies. We do not guarantee that any particular clinician, support worker or appointment time will be available, although we will always work with you to arrange suitable alternatives.

Nothing on this website constitutes medical advice. Content on this website is general information only. Always seek the guidance of a qualified health professional regarding any medical condition or treatment.

3. Eligibility and client information

You confirm that any information you provide to us, including health, support and contact information, is accurate, complete and up to date at the time it is provided, and that you will promptly notify us of any material change.

Where you engage our services on behalf of another person (for example, as a carer, guardian, attorney or plan nominee), you confirm that you have the legal authority to do so and that you will provide us with evidence of that authority on request.

We reserve the right to decline or discontinue a service where, in our reasonable professional opinion, the service cannot be delivered safely, lawfully or in accordance with our policies and professional obligations.

4. Quotes, fees and payment

Fee estimates and formal quotes are provided through our quote request process or on request by email. Any quote we issue is valid for the period stated on the quote, or 30 days if no period is stated, and may be revised if your requirements, funding arrangements or applicable award rates change.

Fees are charged in accordance with the rates set out in your quote or service agreement, which may be based on time, service type, travel, after-hours or public holiday loadings, and any applicable funding scheme price guide. All fees are quoted in Australian dollars and include GST where GST applies.

Invoices are payable by the date stated on the invoice, or within 14 days of issue if no date is stated. If an invoice remains unpaid past its due date, we may suspend services until the outstanding amount is paid, and we may recover reasonable costs of recovering overdue amounts.

If you receive services funded through a government programme (such as an NDIS or Home Care package), we will claim payment only for services actually delivered and in accordance with the rules of that programme.

5. Cancellations and rescheduling

We understand that circumstances change. Where you need to cancel or reschedule a scheduled service, please provide us with as much notice as possible by email to ceo@akhealthcaregroupau.space.

Cancellation fees may apply where notice is not provided within the minimum period set out in your quote or service agreement, or where required by an applicable funding scheme price guide. Short-notice cancellations and staff travel commitments may still attract a fee, because our team's time has been reserved for you.

Where we need to cancel or reschedule a service (for example, due to staff illness or unforeseen circumstances), we will notify you as soon as practicable and work with you to arrange a suitable alternative. We are not liable for any loss arising from a cancellation made in accordance with this clause.

6. Privacy and health information

We handle personal information, including sensitive health information, in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and applicable health records legislation. Details of how we collect, use, store and disclose your information are set out in our Privacy Policy.

By engaging our services, you consent to us collecting, using and disclosing information about you as reasonably necessary to deliver safe and appropriate care, to comply with legal and professional obligations, and to communicate with you about your services.

7. Client responsibilities

To help us deliver safe, high-quality services, you agree to:

• provide a safe and suitable environment for the delivery of services, including a smoke-free workplace where services are delivered in the home;
• provide accurate and complete information about your health, medications, supports and preferences;
• treat our staff, contractors and other clients with courtesy and respect, and comply with our workplace health and safety policies;
• give reasonable notice when you wish to change appointment times or service arrangements; and
• promptly raise any concerns about your services so we can address them.

We may suspend or end services in accordance with clause 14 where a client or household member engages in behaviour that endangers the safety or wellbeing of our staff or others, or that is otherwise unlawful or abusive.

8. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any rights that you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot be excluded, restricted or modified by agreement.

Where our services come with consumer guarantees under the Australian Consumer Law, and we fail to comply with those guarantees, you may be entitled to remedies including resupply of the services, payment of the cost of resupply, or, in some circumstances, a refund, as provided by the Australian Consumer Law.

Our goods and services may also come with guarantees that cannot be excluded under the Australian Consumer Law. For more information about your consumer rights, visit the Australian Competition and Consumer Commission website.

9. Limitation of liability

To the fullest extent permitted by law, and except for liability that cannot be limited by law (including liability under the Australian Consumer Law consumer guarantees), we are not liable to you for any indirect, incidental, special or consequential loss or damage, loss of profit, loss of opportunity, or loss arising from circumstances beyond our reasonable control, arising out of or in connection with these Terms or our services.

Where liability cannot be excluded, our total aggregate liability arising in connection with these Terms or the services is limited, at our election, to the resupply of the services or the payment of the cost of having the services resupplied, as permitted by the Australian Consumer Law.

You are responsible for obtaining your own independent advice before relying on any general information published on this website.

10. Referrals and third parties

Where we refer you to, or coordinate with, third-party providers such as general practitioners, specialists, hospitals, pharmacists, plan managers or equipment suppliers, we do so in good faith. We are not responsible for the acts or omissions of third-party providers, and any arrangement between you and a third party is solely between you and that provider.

You acknowledge that some third-party services may attract separate fees charged by the third party, for which we are not responsible.

11. Intellectual property

All content on this website, including text, graphics, logos and layout, is owned by or licensed to AK Healthcare Group Pty Ltd and is protected by Australian and international copyright laws. You may view, download and print pages from this website for your own personal, non-commercial use. Any other reproduction, distribution or commercial use of website content requires our prior written consent.

Care plans, notes, reports and other documents we prepare for you are provided for your personal use and the use of your authorised carers, guardians and treating practitioners, and may not be resold or commercially exploited.

12. Confidentiality

Both parties agree to keep confidential all non-public information exchanged in connection with the services, including health, financial and operational information, and to use that information only for the purpose of delivering and receiving the services, except where disclosure is required by law, authorised by you, or necessary to prevent a serious threat to life, health or safety.

This confidentiality obligation survives the completion or termination of services.

13. Complaints and disputes

We welcome feedback and take complaints seriously. If you have a complaint about our services, please contact us in the first instance by email at ceo@akhealthcaregroupau.space. We will acknowledge your complaint and aim to resolve it fairly, promptly and in accordance with our complaints policy.

If a dispute cannot be resolved through good faith discussion within 30 days, the parties agree to attempt to resolve the dispute through mediation before commencing court proceedings, except where urgent relief is required. Nothing in this clause prevents you from contacting an external body such as the Victorian health services commissioner, the NDIS Quality and Safeguards Commission, or other relevant regulator at any time.

14. General provisions

14.1 Suspension and termination of services

Either party may end a service agreement in accordance with the notice period set out in that agreement. We may suspend or terminate services with immediate effect where required for safety, legal or professional reasons, or where fees remain overdue after written notice.

14.2 Force majeure

We are not liable for failure or delay in performing our obligations where that failure or delay is caused by events beyond our reasonable control, including natural disasters, pandemics, industrial action, utility failures or changes in government direction.

14.3 Amendments to these Terms

We may update these Terms from time to time. The current version published on this website applies to any services commenced after the date of publication. Material changes affecting an active service agreement will be communicated to you in writing before taking effect.

14.4 Severability and waiver

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of that provision or any other provision.

14.5 Governing law

These Terms are governed by the laws of the State of Victoria and the Commonwealth of Australia, and the parties submit to the jurisdiction of the courts of Victoria.

15. Contact us

If you have any questions about these Terms, or would like a copy of these Terms in an alternative format, please contact us:

• Email: ceo@akhealthcaregroupau.space
• Postal address: AK Healthcare Group Pty Ltd, Melbourne VIC, Australia
• Website: https://akhealthcaregroupau.space

AK Healthcare Group Pty Ltd, ABN: as recorded on the Australian Business Register.