These terms and conditions govern the supply of the Services by Red Health to the Client.
1: Definitions
AHPRA means the Australian Health Practitioners Regulation Agency.
Claimant means any person or entity who or which is referred to Red Health by a Client.
Client means a person or entity who engages Red Health for the purposes of providing a service.
Collateral means all of the Client’s present and after-acquired personal property. It includes anything in respect of which the Client has at any time a sufficient right, interest or power to grant a security interest.
Engagement means any engagement of Red Health for any of the Services.
Expert means a medical specialist, health care professional or other expert in their field, who is engaged by Red Health to provide any Services.
Fees mean the fees payable by the Client for the provision of the Services, including any applicable charges relating to the cancellation or rescheduling of appointments.
Jurisdiction means the legal jurisdiction where the services are supplied
Receiver has the meaning given under the Corporations Act 2001 and includes a “receiver and manager” and, where the context requires, refers to any receiver appointed by Red Health pursuant to this Agreement.
Red Health means Red Medicine Pty Ltd, trading as Red Health Independent Medical Assessments.
Report means the examination, assessment, file review and compilation of a medico-legal report of the Claimant’s condition as requested by the Client.
Revolving Assets means any Collateral which is inventory, a negotiable instrument and/ or money (including money withdrawn or transferred to a third party from an account of the Client with a bank or other financial institution).
Services means any services provided by Red Health to the Client or the Claimant from time to time, including, without limitation, the provision of medical reports, medico legal assessments, file reviews, medical assessments, related advices, medical consultation services, expert opinions, expert witness services and any associated health management services.
2: Service Statement
2.1 Red Health is a Client focussed company with experience and service levels providing the Client with independent medico-legal services. These are delivered with the highest levels of integrity and professionalism. At all times Red Health seeks your feedback which can be delivered either by email, our postal address or via the website.
3: Red Health’s Commitment to You
3.1 All Red Health’s services are performed with the relevant due care, competence and diligence required of a company in this field. Red Health’s business ethic is in accordance with all statutory and professional codes.
3.2 Subject to clause 5.4 Red Health will provide the reports arising from the Services engaged to deliver within 21 business days of appointment. If there is disruption or delay Red Health will advise the Client of any revised timeframes for delivery as set out in clause 5.4 of the General terms and Conditions of Trade.
4: Communication and Privacy
4.1 Red Health will communicate with the Client regarding engagement or any other relevant information about the services provided and any other matters that are relevant to the delivery of those services. Red Health may communicate by email, telephone or post, and postage will be in accordance with the published guidelines of Australia Post.
4.2 Red Health is committed to adhering to the Client’s wishes. If the Client does not wish to receive marketing material from Red Health please notify the office via email. If the Client has a preferred method of communication please advise the office and the Red Health team will ensure that method is followed.
5: Provision of the Services
5.1 Upon engagement Services will be provided in accordance with Red Health’s terms and conditions. Once the General Terms and Conditions are accepted a Claimant may be referred to Red Health to provide the relevant services to that Claimant.
5.2 Before a Claimant can be referred the Client must obtain the relevant approval and consent from the Claimant for Red Health to:
a) provide services to the Claimant;
b) provide a copy of any report in respect of the Claimant to you or any person nominated by you.
5.3 The Client acknowledges that the provision of the Services may be disrupted or delayed due to the acts of third parties that are beyond the reasonable control of Red Health.
5.4 Timely delivery of a brief to Red Health is necessary for us to enable delivery of documents to the medical Expert in accordance with our terms and conditions. Where the required brief is not provided to Red Health with at least 48 hours (2 business days) in advance of the Claimant’s scheduled appointment Red Health reserve the right to reschedule the Claimant’s scheduled appointment and apply cancellation fees according to the general terms of this document. Clients of Red Health are responsible for making their own assessment of the final material to be provided to medical Experts and should verify all relevant representations, statements and information prior to sending to Red Health. Red Health reserve the right to return any briefs to Clients which do not meet the minimum standards*. Where Red Health are required either by time constraints or at the request of Clients to process paperwork on their behalf a flat rate processing fee of $250 +GST can be charged. Where either of the aforementioned is undertaken by Red Health, Red Health does not guarantee or accept any liability in relation to the quality or accuracy of the final material that is delivered to Expert for their consideration at assessment and resulting opinion. A copy of our minimum standards is available by request.
5.5 In order for Red Health to provide the Service as outlined in the general terms of this document the Client will provide reasonable assistance. If reasonable assistance is not provided by the Client, the Client will be liable for any fees that relate to those Services. Reasonable assistance may include but is not limited to; confirmation the Claimant is able to attend appointment, documentation pertaining to the appointment is received at Red Health’s head office at least 14 days prior to the appointment taking place, and advising Red Health of any changes that may affect the Services immediately.
5.6 Red Health reserves the right to decline to provide any of the Services contained in the general terms of this document, decline to continue to supply those Services and decline any engagement with the Client when Red Health have reasonable justification for doing so.
5.7 The Client acknowledges and accepts that in respect of the medical reports and other health care reports provided to the Client and related advices in relation to those reports and the Claimant, all the advice that is provided is on “as is” basis and is based upon information provided by the Client and/or the relevant Claimant as a consequence. Red Health is not responsible for any report or advice or information provided to the Client which is based on incorrect, incomplete, false, misleading or deceptive conduct provided by the Client or the Claimant to Red Health or Red Health’s Expert which leads to an unsatisfactory outcome. The Client acknowledges that any Expert providing a report is an independent third party to Red Health and the Client indemnifies Red Health from any claims whatsoever, the Client or the Claimant may have in relation to the services, the information and advice arising from any report or advices.
5.8 Red Health when engaging an Expert, has reference to the Experts current status as a registered health practitioner through the AHPRA website and register of practitioners. The register of practitioners can be reviewed by the Client through the following link at the AHPRA website https://www.ahpra.gov.au/Registration/Registers-of-Practitioners.aspx
5.9 The Client acknowledges and accepts that the Experts may have conditions or restrictions imposed upon those Experts by AHPRA from time to time pertaining to the Experts specialty area. Red Health undertakes annual reviews of each Expert to determine the restrictions and conditions imposed upon each Expert at the time of review.
5.10 The Services provided by Red Health through the engagement of the Expert has taken in to account any known restrictions or conditions relating to the Experts area of specialty. Whilst Red Health makes every effort to remain up to date with the Experts registration status, the Client shall undertake relevant searches through the AHPRA website to ensure each individual Expert meets the Clients requirements for that specific Service at the time.
6: Payment of Fees
6.1 The client undertakes to be personally liable to pay fees within the terms as listed on Red Health’s invoice unless special arrangements have been requested in writing and accepted by Red Health in writing.
6.2 We retain the discretion after a request from you to bill multiple clients for provision of our services. Red Health reserves the right to withhold any reports until any outstanding invoices are paid in full.
6.3 Any variation to Red Health’s terms must first be requested in writing and accepted by Red Health in writing.
6.4 If the Client or the Claimant cancels or reschedules an appointment or fails to attend, a cancellation fee will be applicable. The cancellation fee will be dictated in accordance with our cancellation policy and fee schedule. The applicable fee will be determined by the type of service, the notice period (if applicable) and may include fees associated with travel or any other expenses incurred by Red Health. Our cancellation policy can be viewed online here.
7: Security
The Client grants Red Health with PPSR Security in the Collateral to secure payment of the Outstanding Amount. The security interest is a charge. If for any reason it is necessary to determine the nature of this charge, it is a floating charge over Revolving Assets and a fixed charge over all other Collateral.
7.2 To the extent the law permits:
(a) for the purposes of sections 115(1) and 115(7) of the PPSA Red Health need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4), and sections 142 and 143 are excluded; and
(b) for the purposes of section 115(7) of the PPSA Red Health need not comply with sections 132 and 137(3).
7.3 To the extent the law permits, the Client waives its rights to receive any notice that is required by any provision of the PPSA or any other law before a secured party exercises a right, power or remedy, and any time period that must otherwise lapse under any law before a secured party or receiver exercises a right, power or remedy.
7.4 For the purposes of section 153 of the PPSA, the Client appoints Red Health as its nominee and authorises Red Health to act on its behalf in connection with registration under the PPSA of any security interest in favour of the Red Health which is evidenced or created by chattel paper, perfected by registration under the PPSA and transferred to Red Health under this Agreement.
7.5 Following the occurrence of an Insolvency Event or a breach or default by the Client of its obligations under this Agreement that is not remedied within 28 days of notice of the breach or default being received, Red Health may appoint one or more persons to be jointly, severally or jointly and severally a Receiver of the Collateral (or any part of the Collateral). Red Health may at any time by giving notice to a Receiver remove the Receiver absolutely or in relation to any part of the Collateral, and may appoint any person to replace any Receiver who has been removed or who has retired or died.
7.6 Red Health may fix the remuneration of a Receiver and at any time by agreement with the Receiver vary his remuneration. A Receiver may also (if permitted by Red Health) in addition to any fee or other charge, charge a commission in connection with the management of and collection of income from the Collateral. The Client will be responsible for all reasonable fees, commission and charges of the Receiver and any reasonable cost or expense incurred the Receiver.
7.7 Subject to any express limitation in his appointment, a Receiver may in his discretion, exercise the same powers and rights as those of Red Health under this Agreement and at general law (including any equitable or statutory powers and rights). In addition, a Receiver has the right in respect of the Collateral to do anything the Client could do as if the Receiver had full legal and beneficial ownership of the Collateral. Without limiting the foregoing, a Receiver may:
(a) enter any premises where the Client carries on business;
(b) sell, surrender, dispose of, realise or convert into money the Collateral on any terms and in any manner; and/or
(c) do anything else in Australia and elsewhere that Red Health considers necessary, desirable or convenient to be done in connection with the recovery of the Collateral and anything incidental or conducive to the exercise of any other power under this Agreement or general law.
8: Default and Consequences of Default
8.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of one point six six (1.66%) per calendar month (and at Red Health’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
8.2 If the client owes Red Health any money the Client shall indemnify Red Health from and against all costs and disbursements incurred by Red Health in recovering the debt (including but not limited to; internal administration fees, legal costs on a solicitor and own client basis, Red Health’s collection agency costs, and bank dishonour fees)
8.3 Without prejudice to any other remedies Red Health may have, if at any time the Client is in breach of any obligation (including those relating to payment) under these terms and conditions Red Health may suspend or terminate the supply of services. Red Health will not be liable to the Client for any loss or damage the Client suffers because Red Health has exercised its rights under this clause.
8.4 Without prejudice to Red Health’s other remedies at law Red Health shall be entitled to cancel any services which remains unfulfilled and all amounts owing to Red Health shall, whether or not due for payment, become immediately payable if:
a) any money payable to Red Health becomes overdue, or in Red Health’s opinion the Client will be unable to make a payment when it falls due;
b) the Client becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
c) a receiver, manager, liquidator (professional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.
9: Financial Information
9.1 The Client agrees for Red Health to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by Red Health.
9.2 Red Health is authorised to seek, use and exchange any information or reports from any credit reporting agency of Red Health’s choosing containing personal information about the Client in relation to the collection of any monies owing by the Client to the extent allowed by law. The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 2014.
9.3 Red Health may give information about the Client to a credit reporting agency for the following purposes:
a) To obtain a consumer credit report about the Client;
b) Allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
10: Disclaimer
10.1 To the extent permitted by law, if Red Health becomes liable to the Client in any manner whatsoever in relation to the supply of any services, then Red Health’s liability will be limited solely to the price paid by the Client for such services pursuant to such agreement or the resupply of the services which ever process is at Red Health’s discretion.
11: GST
11.1 All Fees will specify if they are inclusive or exclusive of GST.