MTP Health – Terms & Conditions

CONSENT TO TREATMENT AT MTP HEALTH - TERMS AND CONDITIONS

 

MTP Health’s staff aim to provide high-quality healthcare. Your healthcare provider has a responsibility to provide you with all information regarding your care in a way that you can understand.

Responsibilities

The provider agrees to:

1. Communicate openly and honestly in a timely manner
2. Treat you with courtesy and respect
3. Consult you regarding your treatment plan
4. Protect your privacy and confidential information
5. Provide care in a manner consistent with Australian law
6. Keep accurate healthcare records 
7. Issue regular invoices and keep records regarding payments

The client agrees to:

1. Inform their provider with information required to plan their care
2. Agree to these terms and conditions and pay for services rendered on the day of service
3. Inform the provider about how they wish the service to be delivered to meet their needs
4. Treat the provider with courtesy and respect
5. Talk to the provider if the Client has any concerns about the services being provided
6. Follow the cancelation policy as outlined
7. Understand the potential risk involved in undertaking an exercise program

Payment of Fees: 

Service fees must be paid on the day of the service provision. Unpaid fees may result in further action being taken by the provider (MTP Health and its subsidiaries and related bodies corporate), which may include a claim being made against the client in the small claims tribunal. Unpaid fees may incur interest and additional charges being applied, under the discretion of the Practice Manager and Director of MTP Health. 

Fees can be paid via three methods:

1. EFTPOS payment at the time of service delivery.
2. Under special circumstances, we accept bank transfer. Payment remittance advice should be sent to admin@mtphealth.com.au Receipts will be issued once payment is received
3. Direct debit from your nominated Visa or Mastercard card once per month via EZI DEBIT

 

Statements can be requested from the Practice Manager. 

 

Fees & Charges:

Fees/charges will apply for no show or late notice of cancellation as per MTP Health’s cancellation policy.

 

Default in Payment

a. Should the Client fail to make any payments by the due date for payment, the Provider shall (without prejudice to any other remedy):

(i) be entitled to be paid interest by the Client on the outstanding amount at the rate which is two per centum (2%) per annum higher than the rate charged from time to time by the Provider’s bank on overdraft facilities in excess of one hundred dollars ($100.00), such interest to be charged daily, to be compounded every calendar month upon the amount then owing and to be payable on demand.

(ii) be entitled on demand to any additional losses, costs and expenses incurred by the client’s default including, without limitation, reasonably incurred collection costs and all legal costs (on a solicitor/own client basis) and expenses incurred by the Provider.

(iii) retain title to any equipment or accessories supplied by the Provider.

(iv) cease performing services until all outstanding invoices together with interest, charges or other costs payable have been paid in full.

 

Outcomes:

MTP Health implements a variety of best practice techniques to provide its services. Outcomes of these techniques may vary between Clients. MTP health is committed to achieving the very best results for the Client however can under no circumstances guarantee or warrant that any or all results are achievable.

 

Feedback, Complaints and Disputes:

If the Client wants to give the provider feedback or is not happy with the provision of service, in the first instance you should speak with the Practice Manager. If the Client is not satisfied or does not want to talk to this person, the Client can contact the Managing Director of MTP Health.

 

Cancellation Policy:

If you are unable to attend your appointment, please contact MTP Health as soon as possible so we can offer the appointment time to someone else.

If less than 24 hours’ notice is given a charge of 50% of the usual consultation fee will be charged for cancellation.

A no show will be charged in full.

Notice of cancellation should be made to the following email address: admin@mtphealth.com.au or by call 02 9437 9794. Fees/charges will apply for no show or late notice of cancellation as per MTP Health’s cancellation policy.

 

CCTV/Photography/Video:

The Client acknowledges that MTP Health may take videos and photos during class sessions for marketing purposes. If you do not consent to this, please let us know. 

Passes for the Momentum and Freedom Program:

Passes can be purchased to attend group rehabilitation sessions at MTP Health. Passes are valid for 28 days and unused sessions are non-refundable. By purchasing a Momentum and Freedom group session pass you agree to these terms and conditions.

If the client does not agree to these terms and conditions, they can attend the group session at the drop-in rate of $75.00 per session, payable at the time of appointment.

 

Ending this Service Agreement: 

Should either party wish to end this Service Agreement they must give ten (10) business days written notice. If either party seriously breaches this Service Agreement the requirement of notice may be waived. 

 

Liability: 

a. Except where to do so would contravene any law or cause any part of this clause to be void or unenforceable, or for breach of an implied term, you agree we are not liable for and release us and our Employees from any liability for:

1. 1. death or personal injury or illness to You or a Recipient arriving at, attending or leaving the clinic, including where death or injury or illness is caused by Us or Our Employees unless caused by Our or Our Employees’ gross negligence or wilful default; or
   2. any loss or damage that You or a Recipient may suffer due to any errors or omissions on any form We or our Employees have provided to You where that form is completed by You or another person; or
   3. any loss or damage suffered by You or a Recipient which is caused by a third party that is not in any way related to the service provided by Us to a Recipient; or 
   4. any loss or expense due to any circumstances beyond Our control, including, but is not limited to, an act of god, delays in public transport, weather, quarantine, strikes or other industrial action, terrorism, fire and riot for any loss of; or
   5. any damage to any personal property belonging to You or a Recipient, except where such loss is caused by Our or Our Employees’ gross negligence or wilful default; or for any economic losses, including, but without limitation to, loss of revenues, profits, contracts, business or anticipated savings, loss of goodwill or reputation, any other special, indirect or consequential losses or loss to third parties or consequential losses of any nature at all which may be suffered by You or a Recipient where that loss is incurred directly or indirectly as a result of Our provision of services to a Recipient

 

Waiver:

I acknowledge that exercising and using MTP Health facilities may involve a significant risk of physical harm or personal injury, including permanent disability and/or death. I understand that exercises may be physically strenuous and further agree that MTP Health including its officers, employees and agents shall not be liable to any person whether in contract, tort, under statute or otherwise for any injury, loss, damage, death or economic loss whatsoever, whether consequential, direct or indirect, caused by or connected with participation at MTP Health. I agree that MTP Health will not accept responsibility for loss or damage to any personal belongings left unattended on the premises.

 

*COVID 19* 

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organisation. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
MTP Health have done its best to put in place preventative measures to reduce the spread of COVID-19; however, MTP Health cannot guarantee that you will not become infected with COVID-19. Further, attending MTP Health could increase your risk of contracting COVID-19. By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending MTP Health and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You understand that the risk of becoming exposed to or infected by COVID-19 at MTP Health may result from the actions, omissions, or negligence of others, including, but not limited to, MTP Health employees and clients. You voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that you may experience or incur in connection with your attendance at MTP Health (“Claims”). You
hereby release, covenant not to sue, discharge, and hold harmless MTP Health, its employees, agents, and representatives, from the Claims. You understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MTP Health, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MTP Health program.

 

APPENDIX - PRIVACY POLICY

Managing personal information

1. Policy

The management of the MTP Health are committed to protecting the privacy of the Clients within our service. Information collected is kept strictly confidential and used only for the services of Clients.

2. Purpose

To ensure Clients who receive services from the MTP Health are comfortable in entrusting their information. This policy provides information to Clients and Client representative’s as to how their personal information is collected and used within MTP Health and the circumstances in which we may disclose it to third parties.

3. Scope

This policy applies to all representatives, Clients and Client representatives of MTP Health

4. MTP Health’s Procedure

MTP Health will:

1. Provide a copy of this policy upon request
2. Ensure MTP Health’s representatives will deal appropriately with inquiries or concerns
3. Take such steps as are reasonable in the circumstances to implement practices, procedures and systems to ensure compliance with inquiries or complaints
4. Collect personal information for the primary purpose of managing a Client’s services and for financial claims and payments

5. MTP Health’s Representative’s Responsibility

MTP Health’s representatives will take reasonable steps to ensure Clients and Client’s representative understand:

1. What information has been and is being collected
2. Why the information is being collected and whether this is due to a legal requirement
3. How the information will be used or disclosed
4. Why and when their consent is necessary
5. MTP Health’s procedures for access and correction of information, and responding to complaints of information breaches, including by providing this policy
6. Client Consent

MTP Health will only interpret and apply a Client’s consent for the primary purpose for which it was provided. MTP Health’s representative must seek additional consent from the Client or Client’s Representative if the personal information collected may be used for any other purpose.

6. Collection, use and disclosure 

MTP Health recognises that the information we collect is often of a highly sensitive nature and as an organisation we have adopted the privacy compliance standards relevant to MTP Health to ensure personal information is protected.

For administrative and billing purposes and to ensure quality and continuity of Client services a Client’s information is shared between the MTP Health’s representatives.

Collected personal information will include Clients and Client representative's

1. Names, addresses and contact details
2. Medicare Number
3. Medical information including medical history, medications, allergies, adverse events, immunisations, social history, family history and risk factors.

A Client’s personal information may be held at MTP Health in various forms

1. As paper records
2. As electronic records
3. As visuals i.e. videos & photos
4. As audio recording

MTP Health’s procedures for collecting personal information is set out below:

1. MTP Health’s representative collect Client’s personal and demographic information via registration when Clients present to the service for the first time. Clients are encouraged to pay attention to the collection statement that they complete as a new client.
2. During the course of providing services MTP Health’s representative will consequently collect further personal information.
3. Personal information may also be collected from the Client’s representative or responsible person (where practicable and necessary) or from other involved healthcare specialists.
4. MTP Health holds all personal information securely, whether in electronic format, in protected information systems or in hard copy in a secured environment.

Personal information collected by MTP Health may be used or disclosed in the following instances:

1. For medical defence purposes.
2. As required by law.
3. As required during the normal operation of services provided. i.e. for reporting to the Australian Government
4. For the purpose of a confidential dispute resolution process

Some disclosure may occur to third parties engaged by or for MTP Health for business or for the provision of information technology. These third parties are required to comply with this policy.

MTP Health will not disclose personal information to any third party other than in the course of providing services, without full disclosure to the Client or the Client’s representative, the reason for the information transfer and full consent from the Client.

MTP Health will not disclose personal information to anyone outside Australia without need and without Client or Client’s Representative consent.

MTP Health will not use any personal information in relation to direct marketing to a Client without that Client’s or Clients Representative’s express consent.

MTP Health evaluates all unsolicited information it receives to decide if it should be kept, acted upon or destroyed.

MTP Health will employ all reasonable endeavours to ensure that a Client’s personal information is not disclosed without their prior consent.

7. Data Quality

Client information collected and retained in our records for the purpose of providing quality services will be complete, accurate, and up to date at the time of collection. 

8. Data Security

All due care will be taken to ensure the protection of Client privacy during the transfer, storage and use of personal information.

Retention of records is for a minimum of 7 years from the date of last entry into the Client record unless the Client is a child in which case the record must be kept until the Client attains the age of 25 years of age.

9. Access to Client information and correction

The following will apply regarding accessing personal and private information by a Client:

A Client has the right to request access to their own personal information and request a copy or part of the whole record.

Clients have the right to obtain their personal information in accordance with the Federal Privacy Act from 20 December 2001 onwards. Requests must be made in writing and an acknowledgement letter will be sent to the Client within 14 days confirming the request and detailing whether the request can be complied with and an indication of any costs associated with providing the information. Time spent and photocopying costs when processing a request can be passed on to the requesting Client. Information can be expected to be provided within 30 days.

While the Client is not required to give a reason for obtaining the information, a Client may be asked to clarify the scope of the request.

In some instances, the request to obtain information may be denied, in these instances the Client will be advised.

MTP Health will take reasonable steps to correct personal information where it is satisfied they are not accurate or up to date. From time to time MTP Health will ask Clients and Client representatives to verify the personal information held by MTP Health is correct and up to date.

Clients and Client representatives may also request MTP Health corrects or updates their information and Clients and Client representatives should make such requests in writing. Upon request by the Client, the information held by this service will be made available to another service.

10. Parents/Guardians and Children 

To protect the rights of a child’s privacy, access to a child’s information may at times be restricted for parents and guardians. Release of information may be referred back to MTP Health where their professional judgement and the law will be applied.

11. Complaints

The management of MTP Health understands the importance of confidentiality and discretion in the way we manage and maintain the personal information of our Clients. MTP Health takes complaints and concerns about the privacy of Client personal information seriously. Clients and Client representatives should express any privacy concerns in writing. MTP Health will then attempt to resolve it in accordance with its complaint resolution process.

All representatives of MTP Health are required to observe the obligations of confidentiality and are required to sign Confidentiality Agreements. In the instance where you are dissatisfied with the level of service provided within MTP Health we encourage you to discuss any concerns relating to the privacy of your information with the Practice Manager. If the complaint has not been resolved to your level of satisfaction all complaints should be directed to:

The Federal Privacy Commissioner

Level 8 Piccadilly Tower

133 Castlereagh Street

Sydney NSW 2000

Privacy Hotline: 1300 363 992