Terms and Conditions

  1. Membership
    If you are applying for membership of Website you will provide certain personal information as requested in the membership application form. Membership information, personal information and other information will be collected and used in accordance with the Privacy and Security Statement.

  2. Changes to Terms of Use
    Next Health may vary any of these Terms of Use at any time without prior notice to you. Your continued use of the Website is acceptance of the variation.

  3. Intellectual property and restrictions on use of Content on the Website
    The Website and its contents are protected by Australian copyright law and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute any of this content in any way except as expressly permitted on the Website or expressly authorised in writing by Next Health. Use of this website is strictly for resolution of Personal Injury Claims. Copyright of medical reports supplied from Next Health belongs to the author (consultant) of that report. Copyright of all other material available on this site belongs to Next Health except where this information is in the public domain at the time of my access to it.

  4. Limitation of liability
    1. Next Health does not exclude or limit the application of any provision of any statute (including the Trade Practices Act 1974 (Cth) where to do so would contravene that statute or cause any part of these Terms of Use to be void (Non-excludable Condition).
    2. Next Health’s total liability to you for a breach of:
      1. any Non-excludable Condition (other than one implied by s69 of the Trade Practices Act 1974) is limited, at Next Health�s option, to any one of supplying, repairing or replacing, or paying the cost of supplying, repairing or replacing, the goods or supplying again, or paying the cost of supplying again, the services in respect of which the breach occurred; or
      2. an express term is limited, at Next Health�s option, as specified in paragraph (a) or to refunding to you amounts paid in respect of that breach.
    3. Next Health excludes:
      1. from these Terms of Use all conditions, warranties and terms implied by statute, general law or custom, except any Non-excludable Condition;
      2. all liability to you in contract for consequential or indirect damages arising out of or in relation to the goods or services or any delay or other failure in supplying any goods or services even if Next Health knew such damage was possible or otherwise foreseeable, including lost revenue, lost profits and damage suffered as a result of claims by any third party; and
      3. (c) all liability to you in tort (including negligence) or bailment for acts or omissions of Next Health, its employees and contractors arising out of or in relation to the goods or services or any delay or other failures to supply any goods or services.
  5. Indemnity
    By using the Website, you agree to indemnify Next Health, its subsidiaries, officers, agents, partners and employees against all claims made by any Third Party arising out of or connected with your use of the Website or your use of the Website to link to Third Party websites.

  6. Links to third party websites
    This Website may contain hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not controlled by Next Health, and Next Health is not responsible for the contents of any linked website or any hyperlink contained in a linked website.

  7. Failure to adhere to Terms of Use
    Next Health reserves the right to terminate or cancel your access to and use of the Website by notice in writing to you if you are found to be in breach of any of the Terms of Use.

  8. General Conditions
    The Terms of Use are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Western Australia and courts of appeal from them. If any provision of the Terms of Use is found to be invalid or unenforceable by a court of law, that invalidity or unenforceability will not affect the remainder of the Terms of Use, which will continue in full force and effect.

  9. Service ordering
    You may order Services from Next Health by using the online order form in accordance with the instructions supplied. Next Health reserves the right not to accept an order or to cancel an order for any product(s) placed by you. Supply of the service(s) constitutes acceptance of your order by Next Health.