Orthomotion Terms and Conditions

ORTHOMOTION

1.       ORTHOMOTION

1.1      Service overview

a.     ORTHOMOTION is a Sydney-based orthotic clinical practice and a provider of contemporary orthoses and limb control technologies for people experiencing walking complications and mobility impairment.

b.     ORTHOMOTION provides its clients with comprehensive clinical assessments and specific limb control and assistive orthoses and devices, as determined on an individual basis.

c.     ORTHOMOTION provides its clients with individual treatment plans, as determined on an individual basis, to address specific physical and functional issues arising from the client’s mobility impairment.

d.     ORTHOMOTION provides custom made orthoses to exacting specifications and requirements from a network of specialist manufacturers and selects orthoses and other devices from a range of ready to wear designs.

e.     ORTHOMOTION has the right at any time to end a relationship with the client and no longer provide its services and products to the client (refer to section 9 Zero Tolerance Abuse Policy).

f.      The client agrees to abide by the ORTHOMOTION Terms and Conditions as outlined in this document for all engagements, interactions and transactions with ORTHOMOTION.

1.2     Fees and charges

a.     ORTHOMOTION will charge the client, or third party funding provider, a service fee for the full cost of each appointment provided, including face-to-face, Zoom and Telehealth appointments at an a hourly rate and/or pro-rata hourly rate. Orthomotion invoices are based on the duration of consultation, supporting communications, reporting activities and case management.

b.      ORTHOMOTION will charge the client, or third party funding provider, a technical services fee at an a hourly rate and/or pro-rata hourly rate for technical work, including repairs and maintenance, on an orthotic device

c.      All costs associated with any service provided to the client, including casting materials, casting, fitting, and modification/adjustment consultations, are fully payable to ORTHOMOTION by the client.

d.     ORTHOMOTION will invoice the client, or third party funding provider, immediately following the delivery of an appointment or service for full payment of the appointment and/or service provided which is payable by the client, or third party funding provider, within seven (7) days of the date of the invoice.

e.     All new clients of ORTHOMOTION are required to attend an Initial Assessment appointment (minimum 120 minute appointment), unless an adjusted time is specifically approved by an ORTHOMOTION orthotist.

f.      The client, or third party funding provider, is charged a fee (calculated on the pro rata hourly rate) for the preparation of an assistive technology (AT) assessment summary report. The AT assessment summary report outlines key assessment outcomes, gait analysis, recommendations and a client quote document (for specific limb control orthoses and assistive devices).

g.       The client, or third party funding provider, is liable for the full cost of all recommended products, including orthoses and/or assistive device(s), immediately following the receipt by ORTHOMOTION of a copy of the client’s signed acceptance of the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement whether or not the client opts to wear the specific orthosis and/or assistive device(s). Refer to Returns, refunds & repairs policy for information on product returns, refunds and repairs.

h.       Clients, or third party funding provider, are required to pay the full cost of any orthosis and/or assistive devices following the signed acceptance of the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement prior to the manufacture of any specific recommended supports. Refer to Payment Terms and Method of Payment

i.     Any costs incurred by the client in relation to the purchase of related products, such as corrective footwear, are fully payable by the client. ORTHOMOTION bears no responsibility nor provides any guarantees for any product purchased by the client which was not recommended by ORTHOMOTION as specified in the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement.

j.     The client accepts all ongoing costs for consultations that are required for modifications or adjustments to their orthosis to ensure the function, fit and comfort of their orthosis is optimised in line with functional ability and changes to the client condition over time and from the application of the device impacting on mobility function.

k.     ORTHOMOTION applies a Cancellation policy and applicable fees to all client appointments. The cancellation policy is aligned to the NDIS short notice cancellation and ‘no shows’ policy.

l.      Clients who are NDIS Participants are required to inform ORTHOMOTION how their supports and services are to be claimed. Invoices for supports and services are managed according to the structure of the Participant’s NDIS plan.

m.     Refer to Payment Terms and Method of Payment for information on payment requirements and methods of payment.

1.3     Service and product disclaimer

a.     While ORTHOMOTION makes every effort to ensure that products, including orthoses and/or assistive device(s), recommended for use by the client as part of their ORTHOMOTION treatment plan, are designed to exacting standards and to meet the individual requirements of each client, it is at the client’s own risk that a recommended product may not be deemed as suitable by the client and the results achieved by the product may not be deemed as satisfactory by the client.

b.     It is important the client acknowledges, accepts and agrees that orthoses may be custom made to individual specifications or that a pre-fabricated orthoses may be modified to individual specifications and cannot be returned, resold or reused for purposes other than those for which it was recommended if the client is dissatisfied with the results achieved by the orthosis. Please refer to Returns, Refunds & Repairs Policy for further information on product and service guarantees.

c.     The client agrees to purchase a product at their own risk which may or may not be custom made and/or modified for their individual use and therefore cannot be replaced, returned or refunded if the client is dissatisfied, for whatever reasons, with the result achieved by the product. Please refer Returns, Refunds & Repairs Policy, for further information on product and service guarantees.

d.     Whenever possible, the client is given the opportunity to trial a potential device prior to agreeing to purchase a product.

e.       A client cannot return a product and request a full or partial refund based on the face that they have changed their mind (refer to section 3 Returns, Refunds & Repairs Policy)

f.     All costs, where applicable, relating to trialing a product will be payable by the client, or the third party funding provider, and the client will be advised of any payable costs prior to agreeing to the use of a product on a trial arrangement.

2.      DEFINITIONS

Assistive Technology: refers to products, devices, equipment and supports which are recommended or supplied to a client to meet their required needs.

Client: A person receiving clinical services and goods/products from ORTHOMOTION.

Consultation: A clinical appointment for a client by a qualified Orthotist and fully payable by a client, or third party funding body, to ORTHOMOTION at a specified fee.

Employee: A staff member, consultant, unpaid worker or representative who are providing supports and services to clients on behalf of ORTHOMOTION

Modification/adjustment: Ongoing process following the fitting of an orthosis to ensure the best functional fit and performance of the orthosis and/or assistive device is maintained throughout the duration of use of orthosis by a client which requires the client to attend consultation appointments which are fully payable by the client.

NDIA: National Disability Insurance Agency is the agency responsible for implementing the National Disability Insurance Scheme (NDIS).

NDIS: National Disability Insurance Scheme (NDIS) provides funding for supports and services for Australians aged under 65 who have permanent and significant disability.

NDIS Participant: A person approved by the NDIA to access the NDIS.

Orthomotion & Client Service Agreement: An agreement between ORTHOMOTION (as a NDIS Provider of services) and a client who is a NDIS Participant, made in the context of the NDIS, for the provision of specified supports and services under the Participant’s current NDIS plan.

ORTHOMOTION: Australian orthotic clinical practice specialising in the treatment of lower limb mobility impairments.

Orthotist: A tertiary qualified (Bachelor of Prosthetics and Orthotics) allied health professional.

Orthosis: A custom made or pre-fabricated device which is fitted to a limb to aid mobility.

Product: An orthosis and/or assistive device/equipment recommended for the use by the client by the Orthotist.

Service: billable activities that are performed by an Orthotist for the client at an hourly costed rate. Services include the delivery of appointments, technical work, report writing, clinical case management, and is payable by the client, or the third party funding provider, at the completion of the service.

Supports and Services Specification & Quote: A detailed quote which specifies the recommended product(s)/equipment/supports for the treatment of the client, the total amount payable for the product(s), the payment terms and service terms and conditions.

Third party funding provider: funding body that provides approved funding to ORTHOMOTION for the costs associated with the delivery of specific supports and services to a client.

3.      RETURNS, REFUNDS & REPAIRS POLICY

This section includes information relating to the consumer rights of all ORTHOMOTION clients, including product and service guarantees, product repairs, returns, refunds and warranties.

3.1     Consumer guarantees

a.     ORTHOMOTION provides consumer guarantees on the products and services it provides to its clients as per the Australian Consumer Law. Refer to www.accc.gov.au for further information on consumer guarantees.

b.     ORTHOMOTION provides a description of the purpose and functionality of any product/s, and associated service/s, recommended by ORTHOMOTION for purchase by a client and indicates potential risks associated with purchasing the product/s in terms of fit for purpose, functional fit appearance and comfort, and functional performance and outcomes.

c.     ORTHOMOTION takes great care in disclosing to its clients any known and potential risks associated with purchasing a specific product as part of a treatment pathway, including orthoses and/or assistive device/s, to enable its clients to make a fully informed decision regarding the purchase of any product/s as recommended by ORTHOMOTION.

d.     Product information relating to a product/s as recommended to a client by ORTHOMOTION is included in the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement which is provided to the client.

e.     Consumer guarantees do not apply to the client of ORTHOMOTION who changes their mind once they agree to purchase the product and/or receive the product, as described on the client quote document, and/or finds a cheaper product elsewhere, and/or decides they don’t like the product, and/or decides that they have no use for the product.

f.      The client of ORTHOMOTION is not entitled, under Australian Consumer Law, to receive a free repair, replacement or refund on a product which they have purchased as a result of changing their mind, and/or finding a cheaper product elsewhere, and/or deciding they don’t like the product, and/or deciding that they have no use for the product. Refer to www.accc.gov.au for further information on consumer guarantees.

3.2    Minor defects with products

a.     If there are any minor defects with a product that was recommended by and purchased through ORTHOMOTION by the client, ORTHOMOTION will assess the cause of the defect and, if determined that the defect was not caused by the improper use of the product by the client, ORTHOMOTION will provide one only free of charge repair of the product.

b.     All costs associated with any additional repairs, as requested by the client, to a product recommended by and purchased through ORTHOMOTION by the client, which exceeds one free repair, will be fully payable by the client.

c.     The time limitation on receiving one free repair of a product with a minor defect, which was recommended by and purchased through ORTHOMOTION by the client, is one month from the purchase date of the product and all costs associated with any repairs requested by a client after the one month period will be fully payable by the client.

d.     ORTHOMOTION will not provide a replacement product or a refund for a product with a minor defect.

3.3    Major problem with products or services

a.     If there is a major problem with a product which was recommended by and purchased through ORTHOMOTION by the client, ORTHOMOTION will consider, on a case-by-case basis, whether to offer a replacement product, of equal value, at no cost to the client, or to provide the client with a full or partial refund, based on a number of mitigating factors, including the length of time the client has owned the product, the frequency of use of the product, the number of modifications made to the product, and whether the client has altered or adjusted the product themselves.

b.     ORTHOMOTION will assess the extent of the problem with a product to determine whether the problem is to be deemed major. A problem is more likely to be determined major if it is deemed as unsafe, and/or does not perform in the way as described by ORTHOMOTION in the product description, and/or cannot be easily fixed.

c.     It will be at the sole discretion of ORTHOMOTION, following a full assessment of all mitigating factors, as detailed in 3.3.a, to offer either a replacement product, of equal value, to the client or offer the client either a full or partial refund for the product.

d.     Once the client agrees to accept either a replacement product or a full or partial refund for a product, no further options will be offered to the client by ORTHOMOTION and no further options may be exercised by the client regarding the product.

e.     If ORTHOMOTION agrees to provide the client with a replacement product, the client must return the replaced product to ORTHOMOTION.

f.      If the client is to receive a full refund for a product with a major problem, the client must return the product to ORTHOMOTION.

g.     If the client is to receive a partial refund for a product with a major problem, the client may retain the product.

h.     The client can make a claim for a refund for the costs associated with the service (consultation) provided by ORTHOMOTION under the Australian Consumer Law whereby the service provided by ORTHOMOTION did not meet one or more of the consumer guarantees in relation to services. Refer to www.accc.gov.au for further information on consumer guarantees.

3.4    Warranties

a.     ORTHOMOTION is not responsible for providing a warranty for a product, including orthosis and/or assistive device(s), which is recommended by ORTHOMOTION to the client to purchase as per the client quote document.

b.     A manufacturer’s warranty may or may not be provided for a pre-fabricated and/or customised product recommended by ORTHOMOTION for the client to purchase.

c.     It is at the client’s own risk to agree to the purchase of a product, as recommended by ORTHOMOTION and as per the client quote document, without a manufacturer’s warranty or with a conditional warranty.

d.     ORTHOMOTION will provide information to the client as to whether or not a product, as recommended to a client by ORTHOMOTION to purchase, as per the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement, comes with a manufacturer’s warranty. The ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement will state whether or not the product is provided with a warranty and, if a warranty is provided, details of the warranty, including time limitations, will be included in the client quote document.

e.     The client acknowledges and agrees that ORTHOMOTION is responsible for purchasing the product(s) on behalf of the client, as per the signed ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement, and that ORTHOMOTION will retain, if provided, the warranty for the product(s) and will engage directly with the manufacturer regarding the product, if deemed necessary by ORTHOMOTION.

f.      The client acknowledges and agrees that they are purchasing a product(s), as per the agreed ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement, from ORTHOMOTION and not directly from the manufacturer.

g.     The client agrees to not engage directly with the manufacturer regarding any real or perceived issues with the product in relation to a warranty, or absence of a warranty or any other matter relating to the product.

h.     Please refer to, Minor defects with products for information on product(s) deemed to have minor problems or defects.

i.       Please refer to Major problem with products or services, for information on product(s) deemed to have a major problem.

4.      PAYMENT TERMS AND METHOD OF PAYMENT

4.1    Payment methods

a.     Payment options available to the client, where payments are not managed by a third party provider, for the cost of services and products are EFTpos, credit card, and direct bank transfer.

b.     ORTHOMOTION invoices provide information and instruction on payment methods.

4.4    Late payment policy and applicable fees

a.     Late payments may incur an additional payment fee.

b.     If applied, the late payment fee will be calculated by applying ten per cent (10%) of the total cost owing immediately following the due date of payment and will be compounded on a weekly basis.

c.     All costs associated with retrieving the outstanding debt will be charged to the client, or third party funding provider, in addition to the late payment fee.

4.5    Receipt of goods

a.     The client is required to attend a fitting appointment(s) for the receipt of the product(s), as required by ORTHOMOTION to achieve the optimal fit and function of the orthosis and/or assistive device.

b.     Any product(s) agreed to be purchased by ORTHOMOTION on behalf of a client, as per the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement, will be sent directly to ORTHOMOTION.

c.     Any product(s) agreed to be purchased by ORTHOMOTION on behalf of a client will remain the property of ORTHOMOTION until the client, or third party funding provider, has paid the full amount as stated on the ORTHOMOTION Supports and Services Specifications & Quote and/or the Orthomotion & Client Service Agreement.

5.      CANCELLATION POLICY AND APPLICABLE FEES

a.     A short notice cancellation and ‘no shows’ policy applies to all appointments.

b.     The ORTHOMOTION cancellation policy aligns with the NDIS short notice cancellations and ‘no shows’ policy as outlined in the relevant section of the current NDIS Pricing Arrangements and Price Limits document at the time of reading.

c.      Orthomotion is able to claim 100% of the fees associated with the appointment activity in the event of a short notice cancellation

d.     A cancellation is a short notice cancellation if the client:

• does not show up for a scheduled support within a reasonable time, or
•  is not present at the agreed place and within a reasonable time when the provider is travelling to deliver the support; or
• has given less than two (2) business clear days’ notice for a support

e.      There are no exceptions to the cancellation policy, unless the client makes a claim under the Australian Consumer Law that the service provided by ORTHOMOTION does not meet any of the consumer guarantees in relation to services in relation to their appointment.

f.     ORTHOMOTION has the right to cancel an appointment with the client at any time and within any period of notice. All efforts will be made to avoid cancelling an appointment with the client and if an appointment is cancelled, ORTHOMOTION will make all efforts to provide as much notice as possible to the client and arrange another appointment at a time convenient to the client.

6.      LIMITATION OF LIABILITY

a.     ORTHOMOTION and the client agree that ORTHOMOTION accepts no liability for any loss, damages or injury to self, others or property resulting from any product(s) purchased and received from ORTHOMOTION by the client or from the use of any product(s) by the client.

7.      QUALITY AND CLIENT FEEDBACK

a.     ORTHOMOTION is committed to delivering the highest standard of care and quality of services and product to clients to address specific physical and functional issues arising from the client’s mobility impairment.

b. ORTHOMOTION is committed to adhering to the NDIS Code of Conduct for NDIS Providers in the delivery of services and provision of products to a client.

c.     ORTHOMOTION welcomes client feedback in relation to the service provided to a client and the provision of product(s) to a client.

d. ORTHOMOTION has a complaints management system in place to support clients to make a complaint to ORTHOMOTION, and to relevant external agencies in the event of a dispute, in relation to a service or product(s) received by a client.

e.     If a client wishes to provide feedback in the form a complaint to ORTHOMOTION in relation to a service and/or product(s) received from ORTHOMOTION, they can do so by either completing the online Orthomotion Feedback Form at www.orthomotion.com.au or sending an email to feedback@orthomotion.com.au or by telephoning (02) 9055 5300.

f. If a client is dissatisfied with a response received by ORTHOMOTION in regard to their complaint or other feedback in relation to a service or product received from ORTHOMOTION, a client can contact the Health Care Complaints Commission via the website or by telephoning 1800 043 159 to seek assistance in regard to their complaint and/or dispute with ORTHOMOTION.

g. If the client is an NDIS Participant, the client can make a complaint to the NDIS Quality and Safeguards Commission by calling 1800 035 544 or via the NDIS Commission website.

8.      REPORTABLE INCIDENTS

a. ORTHOMOTION complies with reporting incidents in relation to a client as defined in section 16 of the NDIS (Incident Management and Reportable Incidents) Rules 2018.

b. ORTHOMOTION is subject to and adheres to the Incident Management System (IMS) as implemented by the organisation/facility where ORTHOMOTION provides services and products to a client.

c. ORTHOMOTION ensures that all reportable incidents in relation to the services and products provided to a client by ORTHOMOTION are recorded in a specific incident Form and registered in compliance with records management requirements.

9.      ZERO TOLERANCE ABUSE POLICY

a.    ORTHOMOTION has a zero tolerance policy for all forms of verbal and written aggressive, threatening, abusive and violent behaviour towards any Orthomotion employee from its clients, their representatives and other service providers.

b.   ORTHOMOTION is committed to providing a supportive and ethical service delivery framework to all clients who receive ORTHOMOTION supports and services.

c. ORTHOMOTION is committed to maintaining a safe working environment for all ORTHOMOTION employees which is free from aggression and violence against its employees.

d.  ORTHOMOTION reserves the right to end a relationship with any client who breaches ORTHOMOTION’s zero tolerance abuse policyand no longer provide its services and products to the client.

e.   A copy of ORTHOMOTION’S Zero Tolerance Abuse Policy & Procedures Guidancecan be obtained by contacting ORTHOMOTION at office@orthomotion.com.au or on (02) 9055 5300 to learn more about how we manage abusive behaviour.

10.      PRIVACY

a.     ORTHOMOTION collects, holds and uses personal and health information for the primary purpose of providing orthotic services.

b.     ORTHOMOTION requires the consent of each client for the collection, storage, use and disclosure of personal health information and seeks consent via the online Orthomotion New Client Application Form and Orthomotion Admission & Service Agreement Form prior to their initial consultation with an ORTHOMOTION orthotis.

11.      MODIFICATION TO ORTHOMOTION SERVICE AGREEMENT (TERMS AND CONDITIONS)

a.     ORTHOMOTION has the right to change its Terms and Conditions at any time and any such changes will be effective immediately and binding on all ORTHOMOTION clients.