Terms and Conditions

1. Definitions and Interpretation

Definitions

In these Terms:

Australian Consumer Law: means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Days: means a day other than a Saturday, Sunday or public holiday in New South Wales.
Clinical Services: means assessments, consultations, TMS treatment, TMS treatment plan, monitoring, care coordination, investigation, procedure and any other health services arranged or provided by or through TMS Plus.
Fees: means the fees and charges applicable to Clinical Services, as notified to You before or at the time the relevant service is arranged.
Partner Provider: means an independent healthcare provider, hospital, radiology provider, practitioner, contractor or other organisation involved in a patient's care in conjunction with TMS Plus.
Patient: means a person who receives, seeks to receive or is referred for Clinical Services.
Privacy Policy: means the TMS Plus privacy policy published on the Website from time to time.
TMS: means transcranial magnetic stimulation, including repetitive transcranial magnetic stimulation (rTMS) and any clinically appropriate protocol or technique used in its delivery.
TMS Plus, we, us or our: means TMS PLUS PTY LTD ABN 53 616 219 222 ACN 616 219 222.
Terms: means these Website and Patient Service Terms and Conditions.
Website: means tmsplus.com.au and any webpage, online form or digital resource operated by TMS Plus through that domain.
You/Your: means a person who accesses or uses the Website, submits an enquiry or referral, makes or attends an appointment, or receives Clinical Services, as the context requires.

Interpretation

Headings are for convenience only and do not affect interpretation.

A reference to legislation includes amendments, replacements and subordinate legislation made under it.

Nothing in these Terms is intended to exclude, restrict or modify any right or remedy that cannot lawfully be excluded, restricted or modified.

2. Acceptance of Terms

Website Use

By accessing or using the Website, You agree to the provisions of these Terms that relate to Website use.

If You do not agree to those provisions, You should not use the Website.

Clinical Services

The provisions of these Terms concerning Clinical Services apply when You request, book, accept or receive Clinical Services from TMS Plus.

An enquiry, referral or application for assessment does not require TMS Plus or any practitioner to accept You as a Patient or provide a particular clinical service.

Referrals and Information About Another Person

If You submit personal or health information about another person, including through a referral form, You must be lawfully authorised to provide that information.

Where You are a healthcare practitioner submitting a referral, You are responsible for ensuring that the referral and disclosure of information are made in accordance with Your professional and legal obligations.

Acceptance of these Terms does not, by itself constitute:

informed consent to receive TMS, Magnetic Resonance Imaging (MRI), medication or any other clinical service, investigation or procedure
financial consent to particular Fees, out-of-pocket costs, billing arrangements or prepayment arrangements or
consent to participate in any research activity.

Any consent required in relation to a particular Clinical Service, financial arrangement or research activity will be obtained separately through the applicable consent or authorisation process.

3. Website Information and Use

General Information Only

Information provided on the Website is general information only. It is not intended to constitute individual medical advice, diagnosis, a recommendation for a Clinical Service or a substitute for consultation with an appropriately qualified health practitioner.

You should not make or change a healthcare decision solely because of information appearing on the Website.

TMS Plus is not responsible for a healthcare decision made solely in reliance upon general Website information instead of appropriate individual professional advice.

Suitability and Eligibility for Clinical Services

A reference on the Website to a Clinical Service, medical condition, treatment, technology or clinical approach does not mean that:

a particular Clinical Service is appropriate for You
You satisfy the clinical or regulatory criteria for that Clinical Service
You satisfy Medicare or private health insurance eligibility requirements
the Clinical Service is established or approved for every condition mentioned
a particular clinical outcome is likely or guaranteed

Individual suitability must be determined by an appropriately qualified practitioner.

Website Availability and Accuracy

We take reasonable steps to keep Website information accurate and current, but clinical knowledge, Clinical Service standards, Medicare rules, Fees, practitioner availability and other information may change.

We do not guarantee uninterrupted access to the Website or that every item of Website information will always be complete or current.

Prohibited Uses

You must not:

use the Website unlawfully;
attempt to interfere with or compromise the security or operation of the Website;
introduce malicious software or code;
access information or systems without authorisation;
impersonate another person;
provide information that You know is false or misleading; or
reproduce or commercially exploit Website content except as permitted by these Terms or by law.

4. Third Party Systems and Websites

The Website may contain links to websites, platforms or resources operated by third parties.

Unless expressly stated otherwise, a link does not mean that TMS Plus controls or accepts responsibility for the third party's website, content, privacy practices or services.

TMS Plus is not responsible for an interruption, failure or act of an independent third-party website or system that is outside TMS Plus's reasonable control.

5. Scope of Clinical Services

TMS Plus Model of Care

TMS Plus provides or coordinates specialist mental healthcare which may include:

psychiatric assessment;
assessment of suitability for TMS
TMS treatment planning, mapping and treatment
MRI-guided neuronavigation
monitoring of symptoms, treatment response and adverse effects
multidisciplinary and/or coordinated care
digital or technology-assisted therapeutic resources
liaison with referring and treating practitioners
other services identified in an individual treatment plan.

The particular services offered to You will depend on Your clinical circumstances.

Individual Treatment Plans

A description of a TMS Plus program on the Website is not a promise that every component will be appropriate for or provided to every Patient.

Your treatment plan may differ from another Patient's treatment plan and may change during treatment according to clinical needs, responses, tolerability, safety considerations and practitioner judgment.

No Guaranteed Outcome

TMS Clinical Services do not produce the same outcome for every person.

TMS Plus and its practitioners do not guarantee:

improvement in symptoms
remission or recovery
a particular degree or speed of improvement
that benefits will persist after treatment
that further treatment will not be required
that TMS will be more effective than other available treatment options

6. Assessment, Referral and Eligibility to Receive Medicare Rebates

Assessment

Access to a particular Clinical Service is subject to clinical assessment and determination of suitability by an appropriately qualified practitioner.

Referral

A referral from a GP, psychiatrist, psychologist or other practitioner may be requested or required depending on:

the service being sought
clinical circumstances

TMS Plus may request medical records, previous treatment history or other information from another healthcare practitioner. Treatment may be delayed or declined where reasonably necessary information is unavailable.

Eligibility to Receive Medicare Rebates

Eligibility and/or suitability to receive TMS treatment is not the same as eligibility to receive a Medicare rebate. A practitioner may consider TMS treatment clinically appropriate even where that particular Patient does not satisfy applicable Medicare criteria to receive a rebate.

Before Clinical Services requiring informed consent are undertaken, Your practitioner will explain matters relevant to Your circumstances, which may include:

the nature and purpose of the proposed Clinical Services
reasonably expected benefits
material risks, uncertainties and possible adverse effects
reasonable alternatives
the consequences or implications of declining treatment
anticipated treatment frequency and duration
any other information reasonably necessary for You to make an informed decision.

Minors and Patients Without Capacity to Consent

Additional consent requirements may apply where a patient is under 18 years of age or does not have capacity to consent to the proposed Clinical Services.

For a patient under 18, whether the patient can provide their own consent will depend on matters including their age, maturity and ability to understand the nature, consequences and risks of the proposed Clinical Services. Where required by law or considered appropriate having regard to the circumstances, consent may also be required from a parent or guardian.

Where an adult patient does not have capacity to consent to the proposed Clinical Services, consent will be obtained from a person authorised to provide consent on the patient's behalf, or from another legally authorised decision-maker or body, as required by applicable law.

In all cases, Clinical Services are subject to applicable law, professional standards, clinical assessment and any required consent process.

Consent may be withdrawn at any time. You should tell Your treating practitioner if You wish to withdraw Your consent or stop treatment.

8. Treatment Protocols, Monitoring and Clinical Decision-Making

Treatment Course

A TMS treatment course may involve multiple treatment sessions over a period determined by Your treating practitioner.

The number, timing, frequency, intensity, targeting and other parameters of treatment are clinical decisions and may be adjusted during the course of treatment where clinically appropriate.

Attendance

Regular attendance may be important to the treatment protocol recommended for You.

You should attend appointments at the agreed time and comply with reasonable preparation, treatment and safety instructions.

Monitoring

Your treatment response and any possible adverse effects may be monitored during a treatment course using clinical review, questionnaires, rating scales, digital forms or other appropriate measures.

Practitioner Clinical Judgment

Clinical decisions concerning Your treatment are made by the practitioner responsible for Your care.

The practitioner's clinical judgment takes priority over the preferences of the patient or their family where those preferences are inconsistent with what the practitioner considers to be safe, clinically appropriate or consistent with applicable professional standards.

Modification, Interruption or Cessation of Treatment

A practitioner may modify, postpone, pause, interrupt or stop treatment where they consider it clinically or otherwise reasonably appropriate, including where:

treatment is no longer clinically appropriate
treatment is ineffective or insufficiently beneficial
the risks associated with treatment have changed
adverse effects have occurred
Your diagnosis, medical condition or other clinical circumstances have changed
another form of treatment is considered more appropriate
there is a significant safety concern
there is repeated failure to attend appointments or comply with essential treatment requirements
there is threatening, abusive, violent or seriously inappropriate conduct
continuing treatment would be inconsistent with applicable professional standards; or
another legitimate clinical, professional or operational reason makes continuation unreasonable

Changes to Treatment and Continuity of Care

Where reasonably practicable, if treatment is materially modified, paused, interrupted or stopped, TMS Plus or the treating practitioner will:

explain the significant changes affecting Your treatment
discuss appropriate next steps or alternative care where relevant
take reasonable steps concerning continuity of care

Patient's Decision to Pause or Stop Treatment

You may decide to end, pause or suspend Your use of TMS Plus services at any time.

You may remain responsible for Fees properly incurred up to that time, subject to TMS Plus's applicable cancellation and refund policies.

9. Risks, Side Effects and Safety Considerations

General Safety Information

TMS is a non-invasive treatment and is generally provided without anaesthesia. However, like all medical treatments, it may be associated with side effects, involve certain risks, and tolerability is quite variable across individuals.

Potential Side Effects and Serious Risks

Potential side effects and risks of TMS vary according to the treatment protocol and the individual patient's circumstances and may include:

scalp pain or discomfort
headache
facial or scalp muscle twitching or discomfort during stimulation
discomfort associated with the noise produced during stimulation
hearing discomfort or effects on hearing
seizure, which is rare but potentially serious
temporary elevation or change in mood, including hypomania or mania, which is rare and is more likely in people with bipolar disorder or other relevant risk factors
other side effects, adverse effects or complications that may be relevant to Your individual circumstances and discussed with You by Your practitioner

This list is not exhaustive. The risks and potential side effects relevant to You will be considered as part of Your clinical assessment and informed consent process.

Factors Affecting Safety and Suitability

Certain medical conditions, treatments or other circumstances may affect the safety or suitability of TMS. You must tell Your treating team about any relevant matter, including:

any history of seizures or epilepsy
neurological conditions or brain injury
previous brain surgery
metallic objects or implants in or near the head
cochlear implants, pacemakers or other implanted or electronic medical devices
hearing problems
pregnancy or possible pregnancy
alcohol or substance use
significant changes in Your health or sleep
all medications and supplements You take
any change to Your medications during treatment

You should also tell Your treating team promptly if any of these circumstances change during a course of treatment.

Adverse Events

If You experience a significant, unexpected or concerning symptom or adverse event during a course of treatment, including between consultations, You should tell Your treating practitioner or treatment team immediately.

Treatment may be modified, paused or stopped while an adverse event or safety concern is assessed.

Adverse events will be assessed and managed in accordance with appropriate clinical procedures and any applicable legal or regulatory requirements.

10. Patient Responsibilities

Accurate Information

To assist TMS Plus and Your treating practitioners to provide safe and appropriate care, You agree to:

keep Your contact details, including Your mobile telephone number and email address, current and, where applicable, provide current details for any nominated emergency contact, carer or support person
provide information about Your medical and mental health history that is complete and accurate to the best of Your knowledge
disclose Your medications, supplements, alcohol or substance use and relevant previous treatments
tell Your treating team about relevant implants or medical devices, previous surgery, neurological conditions and other matters that may affect the safety or suitability of treatment
promptly advise Your treating team of any material change in Your health, medications or other circumstances that may be relevant to Your treatment
If You have an elevated temperature, cold, flu or gastro symptoms, please do not attend. Call to book an appointment at a future date or to arrange for a telehealth session
follow reasonable clinical, treatment and safety instructions, or tell Your treating practitioner if You are unable or unwilling to do so
promptly advise Your treating team if you are experiencing any musculoskeletal discomfort, impairment with hearing or vision or any or other kind of distress or soreness.
ask questions or raise concerns if You do not understand any aspect of Your care or treatment

Conduct, Safety and Fitness for Treatment

treat staff, practitioners, other patients and Partner Providers with respect and refrain from threatening, abusive, violent or seriously inappropriate behaviour.

If Your behaviour, or the effects of alcohol or another substance, creates a safety concern or makes it inappropriate to provide treatment, TMS Plus or Your treating practitioner may defer or cease the relevant Clinical Service and may ask You to leave the premises where appropriate. Serious or repeated inappropriate behaviour may also result in Your treatment being reviewed, suspended or discontinued in accordance with the clinical decision-making provisions of these Terms.

11. Travel, Accommodation and Support Requirements

Where a Patient needs to travel a significant distance to receive Clinical Services, or is staying in temporary accommodation near the facility or venue where those Clinical Services are to be provided, or travels between an inpatient facility at a hospital and a TMS Plus treatment venue, or travels between TMS Plus treatment venues, the Patient's parent, guardian, carer, family member or other responsible person must make appropriate arrangements to provide the assistance and supervision reasonably required for the Patient's safety and wellbeing if they:

are a minor or require a legal guardian due to mental or physical incapacity, or
do not have the capacity to travel independently, or
are unable to travel safely without assistance or supervision, or
are considered by the treating practitioner to require assistance or supervision in connection with travel to or from Clinical Services
are considered by the treating practitioner to require assistance or supervision in connection with independent living in temporary accommodation.

The level of the assistance and supervision required will depend on the Patient's age, capacity, clinical condition, the nature of the Clinical Services, appropriate handover requirements if travelling between facilities or venues, and any other relevant circumstances.

TMS Plus may require:

the Patient's parent, guardian, carer, family member or other responsible person to have reasonable support or supervision arrangements in place before providing or continuing Clinical Services where this is considered necessary for the Patient's safety or appropriate care.
confirmation that appropriate transport, supervision, accommodation or handover arrangements are in place before providing or continuing Clinical Services where the treating practitioner considers those arrangements necessary for the Patient's safety or appropriate care.

Unless expressly agreed otherwise, TMS Plus does not provide transport, accommodation, personal care or supervision outside the Clinical Services provided by TMS Plus. The Patient's parent, guardian, carer, family member or other responsible person are responsible for making those arrangements.

Property Damage

You or Your responsible party agree to assume full financial responsibility for any physical damage caused to a clinic's premises, equipment, or fixtures resulting from intentional, reckless, or negligent actions.

TMS Plus reserves the right to suspend the patient-provider relationship immediately and refuse service if a patient engages in behaviour that threatens clinic safety, disrupts operations, or causes damage to the facility.

12. Urgent and Emergency Care

TMS Plus is not an Emergency Service

TMS Plus does not provide an emergency or continuously monitored crisis service. The website, email, online forms and routine appointment channels should not be used where urgent or emergency assistance is required.

Emergency Assistance

If You or another person is in immediate danger or experiencing a medical emergency, call 000 or attend the nearest hospital emergency department.

Changes in Your Condition

If You experience a significant or concerning deterioration in Your mental or physical health during treatment, You should promptly contact Your treating practitioner or another appropriate healthcare professional.

13. Fees, Out of Pocket Costs and Invoicing

Disclosure of Fees

TMS Plus will take reasonable steps to inform You of the Fees applicable to Your Clinical Services before those services are provided.

Fees may vary depending on the nature of the service, practitioner, treatment protocol, location and involvement of Partner Providers.

Fees may change from time to time. Where a change in Fees affects a future service that has already been booked, TMS Plus will take reasonable steps to notify You of the change before the service is provided.

Quotes and Estimates of Fees

Where TMS Plus provides a quote or estimate of anticipated Fees, it will be based on the information reasonably available at the time.

The final cost of Your Clinical Services may differ from an earlier quote or estimate where:

Your treatment needs or circumstances change
additional or different Clinical Services are reasonably required
the anticipated type, duration or number of services changes
additional services from a Partner Provider are required

Where reasonably practicable, You will be informed of a material change in anticipated Fees before the additional or different service is provided.

Estimates of Out-of-Pocket Costs

Where TMS Plus provides an estimate of Your anticipated out-of-pocket costs, the estimate may depend upon matters outside the control of TMS Plus, including:

Your eligibility for Medicare benefits
the Medicare benefit applicable to a particular service
Your eligibility for private health insurance or other third-party benefits
the amount ultimately paid or reimbursed by Medicare, an insurer or another third party

Accordingly, an estimate of Your out-of-pocket costs is not a guarantee of the amount that You will ultimately be required to pay.

Services Not Covered by Medicare

Some services, products or components of care offered by TMS Plus may not attract a Medicare benefit. Depending on Your individual treatment plan, these may include:

access to technology platforms or digital services provided separately from a Medicare-rebatable consultation or treatment
personalised or technology-assisted educational or therapeutic content, including AI-enabled or avatar-guided content
ancillary diagnostic or other services that are not included within, or required for the provision of, an applicable Medicare Benefits Schedule item.

Where a service does not attract a Medicare benefit, TMS Plus will take reasonable steps to inform You of this and of the applicable Fee before You agree to proceed with that service.

Where a Clinical Service is bulk billed, TMS Plus will not impose an additional charge in respect of that bulk-billed service except where permitted by law.

Invoicing and Payment

TMS Plus may issue an invoice for Clinical Services either:

as a single invoice due at the time of a consultation or
where Clinical Services are to be provided over a period of time, as a series of invoices issued in advance (see section 14 Billing and Prepayment Schedule)

Before providing relevant Clinical Services, TMS Plus will take reasonable steps to provide You in writing with information concerning:

the applicable or reasonably anticipated Fees and out-of-pocket costs associated with the Clinical Services
the applicable billing and prepayment arrangements, including the timing and amount of anticipated payments
any other material financial information reasonably known to TMS Plus that may affect Your anticipated Fees or out-of-pocket costs

You may be asked to provide financial consent by signing or otherwise acknowledging in writing Your agreement to the anticipated Fees, out-of-pocket costs and applicable billing and prepayment schedule.

You are responsible for Fees properly incurred for Clinical Services provided to You, including where You subsequently decide to pause or stop treatment, subject to the applicable cancellation and refund provisions of these Terms.

Your financial consent in relation to Clinical Services is separate from Your informed consent to receive Clinical Services and, where applicable, Your consent to participate in research activities.

Billing and Prepayment Schedule

Where Clinical Services are expected to be provided over a period of weeks or months, TMS Plus may provide You with a written billing and prepayment schedule setting out the anticipated billing cycles, prepayment dates and amounts payable over the relevant period.

The billing and prepayment schedule provides for payments to be made in advance of Clinical Services to be provided during the relevant billing period

Each prepayment will be required before the relevant Clinical Services are provided for that period

The schedule will be based on the Clinical Services and Fees reasonably anticipated at the time it is prepared. It is intended to assist You to understand when prepayments are expected to be made and the anticipated amount of each prepayment

Where reasonably practicable, TMS Plus will notify You of any material change to the billing and payment schedule before the affected payment or additional or changed Clinical Service occurs.

Changes to Anticipated Fees, Out-of-Pocket Costs and the Billing and Prepayment Schedule

Fees, out-of-pocket costs or the billing and prepayment schedule itself may change after You have provided financial consent, including where:

TMS Plus changes its Fees for future Clinical Services and notifies You of the change
Medicare eligibility requirements, Medicare benefit amounts or other third-party benefits change
Your clinical circumstances or treatment requirements change
the type, duration or number of Clinical Services required changes
additional or different Clinical Services are reasonably required.

Where a material change affects Clinical Services that have not yet been provided, TMS Plus will, where reasonably practicable, inform You of the change and obtain Your agreement before proceeding with the associated additional or materially changed Clinical Services.

Suspension of Treatment for Non-Payment

TMS sessions may be suspended where a required prepayment has not been made.

Before treatment is suspended or discontinued, the treating practitioner will, where clinically appropriate:

consider whether interruption of treatment may create a material clinical risk for the Patient;
inform the Patient of any clinically material consequences of stopping or interrupting the proposed course of treatment;
consider whether the Patient requires ongoing clinical management, follow-up, referral or alternative care;
consider whether the Patient is experiencing clinical deterioration or presents an acute or immediate risk; and
document the relevant clinical considerations, discussions with the Patient and any continuity-of-care arrangements made.

Credit or Debit Card Authority

You are not required to provide credit or debit card details unless this forms part of an agreed payment arrangement.

If You elect to provide credit or debit card details and expressly authorise TMS Plus to use those details for payment, You authorise TMS Plus to charge that card in accordance with:

Your financial consent
the applicable billing and prepayment schedule and
any other payment arrangements expressly agreed with You.

Where a billing and prepayment schedule applies, TMS Plus may charge the authorised card for the amounts and on or about the payment dates specified in that schedule. The authority may also extend to:

amounts stated on an invoice issued in accordance with the agreed billing and prepayment arrangements and
any cancellation or non-attendance fee that has previously been disclosed to You and properly applies
Fees for Clinical Services otherwise properly payable by You

TMS Plus will not use Your card details to charge You for materially different or additional Clinical Services that You have not agreed to receive and pay for.

Where the amount or timing of a scheduled card payment materially changes, TMS Plus will, where reasonably practicable, notify You before processing the changed payment.

Withdrawal of Card Authority

You may withdraw Your authority for future credit or debit card charges by notifying TMS Plus in writing.

Withdrawal of Your card authority does not cancel Clinical Services already provided, alter Fees already incurred, or relieve You of responsibility to pay any amount otherwise properly payable under these Terms. If You withdraw Your card authority, You may be required to make alternative payment arrangements for future Clinical Services.

Credit and debit card information will be handled in accordance with applicable law and the TMS Plus Privacy Policy.

15. Medicare

Medicare Rebates

Some Clinical Services may attract a Medicare benefit where the Patient, practitioner and service satisfy the applicable requirements of the Medicare Benefits Schedule.

Medicare eligibility requirements and benefit amounts are determined under the applicable Medicare rules and may change from time to time.

No Guarantee of Medicare Eligibility

TMS Plus does not guarantee that:

You will satisfy Medicare eligibility requirements
a particular service will attract a Medicare benefit
Medicare will accept a claim
You will receive a particular rebate amount
a rebate will be processed within a particular period

Assistance with Medicare Claims

TMS Plus may assist with the submission or processing of a Medicare claim as an administrative service to You.

Services Australia is responsible for assessing Medicare claims and determining eligibility for and payment of Medicare benefits. TMS Plus does not control Services Australia's assessment, processing times or decisions and is not responsible for delays or decisions attributable to Services Australia.

Nothing in this clause excludes any responsibility TMS Plus may have for its own acts or omissions in preparing or submitting a Medicare claim.

Your Responsibility

You are responsible for checking Your individual Medicare eligibility and for paying any Fees or other amounts that are not covered by a Medicare benefit.

16. Private Health Insurance

Private Health Insurance Benefits

Any private health insurance benefit depends upon the terms and conditions of Your individual policy and the decisions of Your insurer.

You are responsible for confirming with Your insurer whether a particular Clinical Service is covered and whether any waiting period, limit, excess, co-payment or other condition applies.

TMS Plus does not guarantee that a private health insurer will accept a claim or reimburse any particular Clinical Service or amount.

17. Cancellations, Missed Appointments, Prepaid Treatment and Refunds

Cancellation of Individual Appointments

If You are unable to attend a scheduled appointment, TMS Plus requires at least 24 hours notice before the appointment time

Cancelling an appointment may necessitate changes to the treatment schedule originally quoted to you so that the cancelled service can be rescheduled. Any such change may, in turn, affect the fees payable.

Late Cancellation or Non-Attendance

If You provide less than 24 hours notice or do not attend a scheduled appointment on time or at all, TMS Plus, in its absolute discretion, may either:

consider the circumstances with a view to waiving an applicable cancellation or non-attendance fee where an appointment is missed because of an emergency, sudden illness or other circumstances reasonably outside Your control or
charge a fee for cancellation or non-attendance equivalent to the value of the missed consultation

Repeated inability to attend scheduled treatments, whether or not individual cancellations are notified in advance, may affect the delivery or clinical appropriateness of the planned treatment course. In those circumstances, Your treatment may be reviewed, rescheduled, paused or discontinued in accordance with the clinical decision-making provisions of these Terms.

Cancellation by TMS Plus

If TMS Plus cancels an appointment, we will take reasonable steps to offer another appointment.

Prepaid Treatment

Where Clinical Services are prepaid:

prepayment does not guarantee that every planned treatment session or other Clinical Service will remain clinically appropriate
the treating practitioner retains responsibility for determining whether treatment should commence or continue
You are not required to undergo treatment merely because it has been prepaid
prepayment does not affect Your right to withdraw consent to treatment or to decide to pause or stop treatment
any unused prepaid amount will be dealt with in accordance with the refund provisions below and any rights You have under applicable law.

Refund Policy

Cancellation before commencement of a treatment course

If You have prepaid for a treatment course and notify TMS Plus that You do not wish to proceed at least seven (7) Business Days before the scheduled commencement date, the amount prepaid will be refunded in full.

If You cancel less than seven (7) Business Days before the scheduled commencement date, TMS Plus may retain an amount representing the reasonable costs of treatment planning, preparation and other services already undertaken specifically in preparation for Your treatment course.

Where TMS Plus applies such an amount under 17.5, it will not exceed 50% of the initial prepaid instalment.

The balance of any prepaid amount will be refunded to You.

Treatment Ceasing After Commencement

If You decide to stop a treatment course after Clinical Services have commenced, You remain responsible for Fees properly incurred for Clinical Services already provided and for the reasonable costs of treatment planning, preparation and other services already undertaken specifically in preparation for Your treatment course.

Any remaining prepaid amount relating to Clinical Services that will not be provided will be refunded subject to applicable law.

Treatment Stopped for Clinical Reasons

If a treating practitioner determines that treatment should be modified, paused or stopped for clinical or safety reasons, You will not be required to pay for Clinical Services that are not subsequently provided.

Any prepaid amount attributable to Clinical Services that will not be provided will be refunded less the reasonable costs of treatment planning, preparation and other services already undertaken specifically in preparation for Your treatment course.

Where TMS Plus applies such an amount under this clause, it will not exceed 50% of the initial prepaid instalment.

18. Privacy and Confidentiality

Privacy Obligations

TMS Plus handles personal information and health information in accordance with applicable privacy and health information laws, including the Privacy Act 1988 (Cth) and the Health Records and Information Privacy Act 2002 (NSW), where applicable.

Privacy Policy

The TMS Plus Privacy Policy explains how we collect, hold, use, disclose and protect personal information and health information, and how You may request access to or correction of information held about You.

The Privacy Policy should be read together with these Terms.

Clinical Confidentiality

TMS Plus and healthcare practitioners involved in Your care are subject to legal and professional obligations concerning privacy and confidentiality.

Information about You may be used or disclosed as reasonably necessary for the provision and coordination of Your healthcare and in other circumstances permitted or required by law.

There are limited circumstances in which personal information or health information may be used or disclosed without Your consent, including where required or authorised by law or where disclosure is otherwise permitted under applicable privacy or health information laws.

Further information about how and when TMS Plus may use or disclose Your information is contained in the Privacy Policy.

19. Medical Records

Creation and Maintenance of Records

TMS Plus and/or healthcare practitioners involved in Your care may create and maintain records relating to Your assessment, treatment, communications, clinical outcomes, adverse events, referrals, billing and other aspects of the Clinical Services provided to You.

Medical and health records may be held by TMS Plus, a treating practitioner or another healthcare provider involved in Your care, depending on the nature of the service and the arrangements under which it is provided.

Retention of Records

Health records will be retained for at least the periods required by applicable law.

In New South Wales, a private health service provider is generally required to retain health information:

where the information was collected while the patient was an adult, for at least seven years from the last occasion on which the health service provider provided a health service to that patient
where the information was collected while the patient was under 18 years of age, until the patient reaches 25 years of age

Records may be retained for a longer period where required or otherwise permitted by law.

Access and Correction

Subject to applicable law, You have rights to request access to personal information and health information held about You and to request correction of information that is inaccurate, out of date, incomplete, irrelevant or misleading.

Requests for access or correction should be made in accordance with the process described in the TMS Plus Privacy Policy.

Access or correction may be subject to exceptions and requirements permitted by applicable law.

20. Research and Development (R&D)

Research and Development Activities

TMS Plus undertakes R&D activities for Dr Egg Pty Ltd under a Services Agreement. Dr Egg Pty Ltd is the relevant R&D entity for the purposes of the Australian Government's Research and Development Tax Incentive.

Under the Services Agreement, TMS Plus may be reimbursed by Dr Egg Pty Ltd for certain costs incurred by TMS Plus in undertaking R&D activities for Dr Egg Pty Ltd.

From time to time, Dr Egg Pty Ltd may make a limited R&D-related contribution towards Fees otherwise payable by a patient for certain Clinical Services provided by TMS Plus, where those Clinical Services are undertaken for a registered R&D experiment.

Where an R&D-related contribution is made, it will be disclosed to You in writing and shown as a reduction in the amount otherwise payable by You.

An R&D-related contribution does not, of itself, require You to participate in research or constitute consent to participate in research.

Participation in Research Activities

You may be invited to participate in a research activity, TMS Plus will provide You with information reasonably necessary for You to understand the proposed research before You decide whether to participate. Depending on the nature of the research, this information may include:

the nature and purpose of the research
what Your participation would involve
how the research differs, if at all, from Your usual Clinical Services
any reasonably foreseeable risks, burdens or benefits associated with participation
how information or data relating to You is anonymised and stored for the purposes of the research
any other information reasonably necessary for You to make an informed decision about participation.

Acceptance of these Terms, the provision of financial consent, or consent to receive Clinical Services does not constitute consent to participate in research.

Where Your consent is required for participation in research, You will be given a separate opportunity to provide informed consent before taking part.

Participation in research is voluntary and a decision not to participate will not, of itself, affect Your access to otherwise available Clinical Services.

You may withdraw Your consent to participate in research at any time

21. Independent Financial Assistance

TMS Plus may from time to time have a strategic relationship with an independent registered charity that provides financial assistance to eligible patients experiencing financial hardship.

Any such assistance is provided solely at the discretion of the charity and is subject to its own eligibility criteria, application processes and available funding.

Patients must apply directly to the charity and independently of TMS Plus. TMS Plus does not determine eligibility, approve applications, guarantee that assistance will be provided, or control the amount, timing or terms of any financial assistance granted by the charity.

22. Intellectual Property

Ownership of Intellectual Property

All intellectual property and intellectual property rights in materials, systems, content and other proprietary resources created or developed, are owned by TMS Plus. This includes but is not limited to:

the Website and its content, including text, graphics, images, videos and branding
educational, therapeutic and program materials
software, digital platforms, applications, tools and interfaces
AI-enabled, avatar-guided or other personalised digital content
clinical service models, treatment pathways, workflows, care coordination processes and implementation methodologies
treatment planning tools, protocols, templates and operational systems developed by or for TMS Plus
research and development materials, methodologies, data structures and outputs; business processes, know-how, confidential information and other proprietary systems; and
any adaptations, improvements or derivative materials developed by or for TMS Plus.

23. Consumer Rights

Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies available to You under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified

24. Complaints and Feedback

We encourage You to raise a concern about Your care or experience directly with TMS Plus where You feel comfortable doing so. Complaints may be directed toinfo@tmsplus.com.au

You are entitled to make a complaint about a healthcare service or healthcare practitioner to the NSW Health Care Complaints Commission

25. Changes to These Terms

TMS Plus may amend these Terms to reflect changes in its services, practices, technology or legal obligations. Updated Terms will be published on the Website with a revised effective date. A material change will not retrospectively alter the agreed Terms of Clinical Services already provided. Where a material change would affect Clinical Services already booked or underway, TMS Plus will take reasonable steps to notify affected Patients where appropriate.

26. General Provisions

Relationship with Other Documents

These Terms are to be read together with any other document that applies to the Clinical Services provided to You, including, where applicable:

Your treatment plan
clinical information and informed-consent documentation
financial consent, fee, billing, payment, cancellation and refund information
the TMS Plus Privacy Policy
any other written Terms or information provided to You in relation to a particular Clinical Service.

Where there is an inconsistency:

clinical information, treatment plans and informed-consent documentation will apply in relation to the particular Clinical Services, treatment and clinical matters to which they relate
financial consent, fee and billing documentation will apply in relation to the Fees and payment arrangements specifically disclosed and agreed with You; and
the Privacy Policy will apply in relation to the collection, use, disclosure, storage and handling of personal and health information.

Nothing in these Terms or any related document excludes, restricts or modifies any right or obligation arising under applicable law or applicable professional standards.

Amendments

TMS Plus may amend these Terms from time to time to reflect changes in its services, clinical practices, Fees, technology, legal requirements or operational arrangements.

Any updated Terms will be published on the Website with a revised effective date.

A material amendment will not retrospectively alter Fees or payment obligations relating to Clinical Services already provided.

Fees, out-of-pocket costs and billing or prepayment arrangements relating to future Clinical Services may change in accordance with the applicable financial provisions of these Terms, including any applicable notice or financial-consent requirements.

Where a material amendment affects Clinical Services that have been booked or are underway, TMS Plus will take reasonable steps to notify You where appropriate.

Severability

If any provision of these Terms is invalid, unlawful or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable, where possible.

If the provision cannot be read down, it will be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Waiver

A failure or delay by TMS Plus in exercising a right under these Terms does not constitute a waiver of that right.

A waiver of a right on one occasion does not constitute a waiver of that right on any other occasion.

Nothing in this clause limits any right or remedy that cannot lawfully be excluded or restricted

Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales and the applicable laws of the Commonwealth of Australia.

Subject to any rights You may have under applicable law to bring proceedings elsewhere, You and TMS Plus submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.