Naia Health — Terms of Service
Last Updated: 17/01/26
By ticking the consent box during your booking or registration process, you acknowledge that you have read, understood, and agree to these Terms of Service, and that you consent to the collection, use, and disclosure of your personal information as described in the Naia Health Privacy Policy (available at www.naiahealth.com.au/privacy-policy).
1. Purpose
These Terms of Service form a binding agreement between you and The OA Hub Pty Ltd trading as Naia Health (“Naia Health”, “The OA Hub”, “we”, “our”, “us”) governing the provision, coordination, and administration of healthcare and related services delivered through our clinic network.
They are intended to:
define the respective rights, obligations, and limitations of both patients and Naia Health;
clarify that Naia Health provides administrative, coordination, and operational infrastructure for independent healthcare practitioners, and does not itself provide clinical services or assume clinical responsibility;
ensure legal and regulatory compliance across all aspects of care delivery, data collection, privacy, communication, and business operations; and
protect the integrity, continuity, and security of Naia Health’s systems, intellectual property, and data frameworks, including those supporting future research, insurance, and digital-health initiatives.
By engaging with Naia Health, attending the clinic, or using any of its services or platforms, you acknowledge that you have read, understood, and agreed to these Terms and that they apply to all interactions—current and future—with Naia Health and any of its affiliated or successor entities.
2. Consent to Treatment
By engaging Naia Health’s services, you acknowledge and consent to receiving healthcare, diagnostic, and therapeutic services from independent, duly registered practitioners who operate within Naia Health’s facilities or digital platforms.
Each practitioner exercises their own professional judgment, holds independent professional indemnity insurance, and bears sole responsibility for the clinical care, recommendations, or procedures they provide.
You understand that Naia Health does not employ or direct practitioners in the delivery of clinical services, and that its role is limited to providing the administrative, technological, and operational infrastructure necessary to coordinate appointments, communication, and patient management.
You further consent to the use of digital tools, telehealth systems, or clinical documentation technologies reasonably required to support or enhance your care, as described in Naia Health’s Privacy Policy.
This consent remains valid for all current and future attendances, consultations, and related services facilitated by Naia Health or any of its affiliated or successor entities, unless expressly withdrawn in writing.
3. Scope of Services
Naia Health operates as an administrative, operational, and coordination platform that facilitates access to multidisciplinary healthcare and related services. Its functions include scheduling, patient communications, record management, data handling, billing, facilities management, technology provision, and integration of digital systems that support—but do not replace—independent clinical practice.
All healthcare, diagnostic, and therapeutic services delivered within or through Naia Health (including rheumatology, physiotherapy, exercise physiology, psychology, dietetics, and any other allied or specialist discipline) are provided exclusively by independent, registered practitioners who:
exercise their own professional judgment and autonomy;
maintain current registration and professional-indemnity insurance; and
bear sole legal and ethical responsibility for the clinical decisions, advice, procedures, and outcomes arising from their care.
Naia Health does not direct, supervise, or control the professional conduct of practitioners, nor does it warrant, endorse, or assume liability for any clinical advice, diagnosis, or treatment provided. Its role is limited to coordinating and supporting service delivery through operational infrastructure, technology platforms, and data systems.
Naia Health may also engage in lawful activities ancillary to healthcare coordination—including outcome tracking, research collaboration, data analysis, and the development of digital-health or insurance-related services—without altering the independent status or accountability of practitioners.
4. Independent Clinical Practice
All healthcare professionals delivering services within, or in association with, Naia Health do so strictly as independent practitioners.
Each practitioner:
holds their own Australian Business Number (ABN);
maintains current professional registration with the relevant health-practitioner board or regulatory body;
carries and is solely responsible for maintaining appropriate professional-indemnity and public-liability insurance; and
exercises full and independent clinical judgment in assessing, diagnosing, treating, and managing patients.
Naia Health:
does not employ, supervise, direct, or control practitioners in the exercise of their professional duties;
does not share in, warrant, or assume responsibility for the clinical outcomes, advice, or treatment decisions made by any practitioner;
provides only administrative, operational, logistical, and data-management infrastructure to support the efficient delivery of care; and
may facilitate appointment bookings, communications, billing, or information exchange, without creating any agency, partnership, employment, or joint-venture relationship between Naia Health and any practitioner.
Practitioners remain solely and personally liable for the care they provide and for complying with all relevant laws, professional standards, and ethical obligations governing their practice. Patients acknowledge that Naia Health’s role is limited to coordination and administration, and that all clinical responsibility rests entirely with the treating practitioner.
5. Patient Responsibilities
By engaging the services coordinated through Naia Health, you agree to the following responsibilities:
5.1 Provide Accurate Information
You must disclose complete, accurate, and up-to-date details regarding your medical history, current health status, medications, allergies, and any other information requested by your treating practitioner or Naia Health for administrative or safety purposes. You must promptly notify your practitioner and/or Naia Health of any material changes to your health, medications, or personal circumstances that may affect your treatment, safety, or ongoing care.
5.2 Adhere to Clinical Advice and Treatment Plans
You must follow all reasonable clinical recommendations, treatment plans, or instructions provided by your treating practitioner, including medication adherence, rehabilitation, exercise, or dietary programs where applicable.
You understand that failure to follow clinical advice or disclose relevant information may adversely impact your care, outcomes, and eligibility for certain services or insurance-related programs, and that Naia Health is not responsible for any resulting harm, delay, or deterioration.
5.3 Attend and Participate Responsibly
You must attend all scheduled appointments on time and provide adequate notice for cancellations or rescheduling in accordance with clinic policy.
You must engage respectfully and cooperatively with all practitioners and administrative staff and comply with any reasonable policies or procedures relating to clinic conduct, privacy, or safety.
5.4 Administrative and Financial Obligations
You must ensure that your personal, billing, and insurance details remain accurate and current. You accept responsibility for all fees, charges, or out-of-pocket costs associated with your care, as communicated by the treating practitioner or Naia Health’s administrative staff.
Appointments cancelled, missed, or rescheduled with less than 48 hours’ notice may incur a $100 cancellation fee, payable before any future bookings can be made. Failure to pay any outstanding balance may result in:
suspension of future bookings or access to services;
interest charged on overdue amounts at a reasonable commercial rate determined by Naia Health; and
referral to a licensed debt collection agency, with you remaining liable for any reasonable costs incurred in the recovery process.
5.5 Acknowledgement of Independent Care
You acknowledge that clinical care is provided solely by independent practitioners, not by Naia Health, and that you are responsible for communicating directly with your treating clinician regarding your care, results, and follow-up.
5.6 Consequences of Non-Compliance
Failure to comply with these responsibilities may result in limited access to services, cancellation of appointments, or termination of your engagement with Naia Health, without liability to Naia Health or its affiliates.
6. Privacy and Data Collection
By agreeing to these Terms, you acknowledge and consent to Naia Health Privacy Policy, which governs the collection, use, storage, processing, transfer, and disclosure of your personal, health, and related data. You confirm that you have had the opportunity to review the Privacy Policy and that your consent applies in full to the handling of your information as described therein.
You expressly consent to Naia Health and any current or future holding, parent, subsidiary, or successor entity:
collecting, storing, analysing, using, and disclosing your identified and de-identified data for any lawful purpose directly or reasonably connected to healthcare, research, insurance, or business operations;
retaining and using your information indefinitely where required to provide or coordinate ongoing or future healthcare, rehabilitation, or insurance services, or for lawful business, research, or compliance purposes;
transferring or disclosing your data—where legally permitted—to affiliated healthcare providers, research institutions, insurers, or public or private organisations for collaborative, evidence-based, or regulatory-compliant activities; and
processing or storing data domestically or internationally in accordance with Australian law and recognised data-protection standards.
You understand and agree that such data may be used to support:
clinical care, quality assurance, education, training, and research;
operational improvement, service development, and model-of-care evaluation;
the creation, analysis, or commercialisation of de-identified data sets, analytical tools, or predictive systems; and
the integration, administration, and evaluation of current or future healthcare, insurance, or subscription-based programs offered by Naia Health or its affiliates.
By continuing to engage with Naia Health or its affiliated services, you provide ongoing consent for the above data activities in accordance with this clause and the Privacy Policy.
7. Health Information Exchange
You authorise Naia Health, its administrative representatives, and the independent practitioners who operate from or in association with Naia Health to collect, use, and exchange relevant health and personal information with third parties where reasonably necessary to deliver, coordinate, or improve your care, manage associated administrative functions, or support legitimate insurance or risk-management activities.
This may include information exchange with:
your referring or treating general practitioners, specialists, and allied-health professionals;
diagnostic, pathology, imaging, hospital, or rehabilitation providers;
insurers, funding bodies, or third-party payers involved in healthcare, rehabilitation, or insurance claims or assessments;
healthcare organisations, universities, research partners, or government agencies engaged in evidence-based or regulatory-compliant programs; and
administrative, software, or technology providers that enable secure communication, clinical documentation, or health record integration.
Information may be shared electronically, verbally, or in writing, including through secure platforms, email, encrypted communication tools, or national systems such as My Health Record, where applicable.
You acknowledge and consent that such information may be used or disclosed to:
coordinate multidisciplinary or shared care between independent practitioners and other providers;
facilitate accurate, safe, and efficient clinical decision-making;
process billing, reimbursement, insurance, or subscription-related activities;
support quality assurance, data analysis, or research conducted by Naia Health or its affiliated entities; and
develop, administer, and evaluate current or future healthcare, insurance, or risk-modelling programs.
Where required by law, only the minimum reasonably necessary information will be shared.
All exchanges are conducted in accordance with Naia Health Privacy Policy, the Privacy Act 1988 (Cth), and relevant health-privacy legislation.
You understand that withdrawing this consent may restrict Naia Health’s ability to provide or coordinate safe, effective, and integrated care or related insurance and administrative services.
8. Electronic Records and Communication
You consent to Naia Health Pty Ltd and the independent practitioners operating from or in association with Naia Health using secure electronic systems for clinical documentation, record-keeping, appointment scheduling, billing, payment processing, communication, and administrative coordination.
This includes, without limitation, the use of:
practice management software, electronic medical record systems, and secure cloud platforms;
email, SMS, online booking tools, telehealth platforms, and digital consent or payment portals; and
artificial intelligence or digital-transcription tools (e.g., clinical note-taking or dictation software) used to support accurate and efficient record creation and communication.
You acknowledge that while Naia Health implements reasonable and industry-standard safeguards — including encryption, access control, and secure data storage — no electronic system or transmission can be guaranteed to be entirely free from risk, unauthorised access, or technical failure.
Accordingly, you agree that:
Naia Health, its affiliates, and its independent practitioners are not liable for unauthorised access, disclosure, delay, or data loss that occurs despite reasonable safeguards or through third-party service providers outside Naia Health’s direct control;
Communications or information transmitted electronically (including by email or SMS) may not be fully secure or error-free, and you accept the inherent risks associated with such transmission; and
Electronic systems may be used to support not only healthcare coordination, but also administrative, quality assurance, and insurance-related functions consistent with Naia Health Privacy Policy and Australian privacy law.
By continuing to engage with Naia Health, you expressly consent to receiving information, notices, and correspondence electronically unless you opt out in writing.
9. Voice, Video, and AI Tools
You consent to Naia Health Pty Ltd and the independent practitioners operating from or in association with Naia Health using approved digital systems — including voice recording, video conferencing, transcription, and artificial intelligence (AI)-assisted tools — for the purposes of clinical documentation, quality assurance, training, research, administration, and continuous improvement of care and related services.
These systems may securely record, process, or analyse consultations, communications, or health-related data (including audio, video, text, and metadata) through platforms such as Heidi Health or other approved technologies. Recordings and transcriptions are retained as part of your clinical record and may be used, analysed, or reviewed by Naia Health or its affiliates to support:
the accuracy, completeness, and quality of clinical documentation;
multidisciplinary care coordination, administrative review, or practitioner training;
lawful research, auditing, or insurance-related analysis; and
the ongoing improvement or development of digital-health and AI-enabled clinical systems.
You acknowledge and consent that:
such recordings and AI tools operate within secure, privacy-compliant frameworks in accordance with Naia Health’s Privacy Policy and Australian privacy law;
no AI or automated system replaces professional clinical judgment, and all clinical decisions remain under the supervision of a registered independent practitioner;
Naia Health and its affiliates are not liable for transcription errors, technical failures, or AI-generated outputs beyond their reasonable control; and
withdrawal of consent for the use of such tools may affect Naia Health’s ability to document, analyse, or deliver services efficiently.
By continuing to use Naia Health’s services, you expressly authorise the collection, recording, transcription, storage, and analysis of consultation data (including voice and video) for all purposes consistent with this clause and Naia Health Privacy Policy.
If you have concerns about the use of recording or AI-supported tools in your care, you may raise this with your treating clinician or Naia Health. Where reasonably practicable and clinically appropriate, alternative documentation methods may be used; however, this may affect the efficiency, accuracy, or availability of some services.
10. Data Use and Retention
You acknowledge and consent to Naia Health — and any current or future holding, parent, subsidiary, or successor entity — collecting, storing, analysing, and retaining your personal, health, and related information for as long as is lawfully permissible and reasonably necessary to support:
the delivery, continuity, and coordination of healthcare, rehabilitation, and allied services;
quality assurance, audit, compliance, and legal record-keeping obligations;
operational management, research, and evidence-based service improvement;
the development, evaluation, or delivery of future healthcare, wellness, insurance, or risk-management programs; and
any other lawful and legitimate business or research purpose directly or reasonably related to Naia Health’s functions or its affiliates’.
Your information may be securely retained indefinitely, where required to maintain continuity of care, satisfy regulatory or evidentiary requirements, or support long-term clinical, operational, or analytical objectives.
All data will be handled in accordance with the Naia Health Privacy Policy, the Privacy Act 1988 (Cth), and relevant state health-records legislation.
11. Telehealth and Digital Care
By agreeing to these Terms, you consent to receive healthcare services via telehealth, virtual consultation, or other approved digital platforms, where clinically appropriate or operationally necessary.
You acknowledge that:
telehealth and digital consultations may differ from in-person care in scope, reliability, and diagnostic limitations;
technical disruptions, transmission errors, or equipment failures may occasionally interrupt or delay consultations; and
Naia Health provides the digital infrastructure and coordination support for independent practitioners but does not guarantee uninterrupted connectivity, system accuracy, or real-time availability.
To the maximum extent permitted by law, Naia Health and its affiliates are not liable for:
service interruptions, data transmission errors, or loss of connectivity;
incomplete, delayed, or inaccurate clinical information arising from telecommunication issues; or
any consequential, indirect, or incidental loss related to the use of telehealth, virtual, or digital systems.
You agree that all telehealth services are delivered under the independent clinical judgment of your treating practitioner, and that Naia Health’s role is limited to administrative, logistical, and technological facilitation.
12. Fees and Payment
12.1 Payment Obligation
All fees and charges for consultations, treatments, and associated services coordinated through Naia Health must be paid in full at the time of service or as otherwise agreed in writing.
12.2 Responsibility for Costs
You are solely responsible for all fees, charges, and out-of-pocket costs arising from your care, including any amounts not covered or reimbursed by Medicare.
12.3 Late or Outstanding Payments
If any amount remains unpaid after the due date, Naia Health reserves the right to:
apply reasonable administrative or interest charges on overdue balances;
suspend or withhold further appointments or services until payment is received; and
refer unpaid accounts to a debt-recovery agency or legal representative, in which case you will be liable for any associated recovery, administrative, or legal costs incurred.
12.4 Cancellation and Non-Attendance Fees
A cancellation fee of $100 applies for appointments cancelled with less than 48 hours’ notice or where you fail to attend a scheduled consultation without reasonable cause. Repeated non-attendance may result in future booking restrictions at Naia Health’s discretion.
12.5 Billing and Payment Methods
Payment may be made by accepted methods as advised by Naia Health from time to time. All payments must be made in Australian dollars.
12.6 No Waiver
Failure by Naia Health to enforce payment terms on any occasion does not constitute a waiver of its rights to enforce them later.
13. Cancellations and Late Policy
13.1 Cancellation Timeframe
Cancellations or rescheduling of appointments must be made at least 48 hours prior to the scheduled appointment time, unless otherwise specified in writing by Naia Health.
13.2 Failure to Attend / Late Cancellation
Failure to attend a booked appointment, or cancellation made with less than the required notice period, will incur a non-refundable cancellation fee of $100, payable immediately or prior to future bookings being accepted.
13.3 Repeated Non-Attendance
Repeated non-attendance, late cancellations, or unpaid cancellation fees may result in:
restriction or suspension of future bookings;
refusal of non-urgent or elective appointments; or
termination of your engagement with Naia Health at its discretion.
13.4 Exceptional Circumstances
Naia Health reserves the right, in its sole discretion, to waive or reduce cancellation fees in verified exceptional circumstances. Any waiver or reduction does not constitute a waiver of Naia Health’s rights to enforce this policy in future cases.
13.5 Automatic Enforcement and Debt Recovery
Naia Health may deduct outstanding cancellation or administrative fees from stored payment methods (where applicable) or issue an invoice payable within seven (7) days.
Unpaid amounts may be referred to a debt-recovery agency, with any associated recovery, administrative, or legal costs added to your outstanding balance in accordance with clause 12 (Fees and Payment).
13.6 No Waiver of Rights
Failure by Naia Health to enforce any part of this clause on any occasion does not waive its right to enforce these terms in future.
14. Third-Party Services
14.1 Independent Providers
You acknowledge that certain healthcare, diagnostic, or support services associated with your care — including but not limited to pathology, imaging, allied health, pharmacy, or technology providers — may be performed by independent third-party practitioners, facilities, or service providers (“Third-Party Providers”).
14.2 No Responsibility or Control
Naia Health does not own, operate, control, supervise, or accept responsibility for the clinical, professional, or business conduct of any Third-Party Provider. You understand that such providers operate under their own licences, registrations, policies, and terms of service.
14.3 Separate Financial Liability
You are solely responsible for all costs, fees, and charges arising from services rendered by Third-Party Providers. Naia Health assumes no liability for any billing disputes, delays, service quality issues, or errors made by these providers.
14.4 Referrals and Convenience
Any referral, coordination, or administrative assistance provided by Naia Health in connection with a Third-Party Provider is offered purely for your convenience and does not constitute an endorsement, warranty, or guarantee of their competency, safety, or compliance.
14.5 No Vicarious Liability
To the maximum extent permitted by law, Naia Health disclaims all responsibility for acts, omissions, negligence, advice, products, or services provided by Third-Party Providers, and you release Naia Health from any claim, loss, or damage arising from your dealings with them.
15. Limitation of Liability
15.1 Maximum Legal Protection
To the fullest extent permitted by law, Naia Health, its holding, parent, subsidiary, and successor entities, together with their respective directors, officers, employees, agents, and representatives, are not liable for any loss, damage, claim, liability, cost, or expense — whether direct, indirect, incidental, consequential, special, punitive, exemplary, or otherwise — arising out of or connected with:
your use of, or inability to use, any service, facility, system, or product coordinated, managed, or made available through Naia Health;
the acts, omissions, negligence, advice, or conduct of any independent practitioner, third-party provider, or contractor;
the use, storage, transmission, or analysis of your data (identified or de-identified) in accordance with Naia Health’s Privacy Policy;
any delay, cancellation, system outage, data loss, security incident, or service disruption; or
any reliance placed upon information, communications, or recommendations provided through Naia Health’s administrative, operational, or technological systems.
15.2 Liability Cap
Where liability cannot be excluded under applicable law, Naia Health’s total aggregate liability, whether in contract, tort (including negligence), statute, equity, or otherwise, shall be strictly limited to the lesser of:
(a) the total fees paid by you to Naia Health in the twelve (12) months preceding the event giving rise to the claim; or
(b) AUD $100.00.
(c) Nothing in this clause 15 excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded under the Australian Consumer Law or any other applicable law. To the extent that any such guarantees or rights apply and cannot be excluded, Naia Health’s liability is limited in accordance with clause 15.2(a)–(b).
15.3 Independent Practitioners and Third Parties
You acknowledge that Naia Health does not employ or control the practitioners delivering care, and therefore is not liable for their professional actions, decisions, or outcomes. All clinical and therapeutic responsibility rests solely with the independent practitioner providing your care.
15.4 No Warranty or Guarantee
Naia Health makes no representation, warranty, or guarantee — express or implied — as to the accuracy, completeness, reliability, timeliness, or suitability of any information, service, or outcome arising from its operations. You acknowledge that healthcare inherently involves clinical variability and that results cannot be guaranteed.
15.5 Survival of Clause
This limitation of liability clause survives the termination, completion, or cessation of your engagement with Naia Health, and continues to apply to the maximum extent permitted by law.
16. Medication and Treatment Disclaimer
16.1 Independent Clinical Responsibility
All treatment decisions — including prescriptions, injections, procedures, therapies, and medication management — are made solely and independently by your treating clinician, who exercises their own professional judgment and operates under their own registration and professional indemnity insurance. Naia Health does not direct, supervise, or control the clinical or therapeutic decision-making of any practitioner.
16.2 No Manufacture, Endorsement, or Warranty
Naia Health does not manufacture, compound, supply, endorse, promote, or warrant the quality, safety, efficacy, or suitability of any medications, injectable products, medical devices, supplements, or procedures that may be recommended or administered by independent clinicians or third-party providers.
16.3 Third-Party Products and Services
Any medication, supplement, injection, or procedure supplied or administered by a third-party provider, pharmacy, or manufacturer is subject to their own quality, safety, and regulatory obligations.
Naia Health expressly disclaims all liability for any adverse reaction, side effect, inefficacy, defect, or harm resulting from the use or administration of such products or services, whether prescribed, recommended, or facilitated through the clinic.
16.4 Patient Responsibility and Acknowledgment
You acknowledge and accept that:
All medications, injections, and treatments carry inherent risks;
You are responsible for discussing potential side effects, contraindications, and alternatives directly with your prescribing clinician or pharmacist; and
You assume full responsibility for the use or administration of any prescribed or recommended products or treatments.
16.5 No Guarantee of Outcome
To the maximum extent permitted by law, Naia Health provides no warranty, guarantee, or assurance of treatment success, symptom improvement, or outcome, whether related to medications, injections, or any other therapy coordinated through its facilities.
17. No Warranty of Results
17.1 No Guarantee of Outcomes
Naia Health provides administrative and operational support to independent healthcare practitioners but does not guarantee, warrant, or represent that any treatment, program, procedure, or advice will result in a particular outcome, improvement, or benefit. Clinical results naturally vary based on individual patient factors, adherence to treatment, biological variability, and other circumstances outside the control of Naia Health or the treating practitioner.
17.2 No Representations or Reliance
You acknowledge that no statement, representation, or communication (whether verbal, written, digital, or implied) made by Naia Health, its representatives, or any independent practitioner shall be interpreted as a warranty, promise, or assurance of treatment success, cure, or improvement. Any examples of outcomes or testimonials provided by Naia Health or its practitioners are illustrative only and do not constitute guarantees or predictive representations.
17.3 Patient Responsibility and Acknowledgment
You understand that your results depend in part on your own engagement, adherence to prescribed treatments, follow-up attendance, and disclosure of relevant health information. Failure to follow clinical advice or provide accurate information may materially affect your outcomes, and Naia Health accepts no responsibility for any resulting loss, delay, or deterioration.
17.4 Exclusion of Liability
To the maximum extent permitted by law, Naia Health, its holding, parent, subsidiary, and successor entities — together with their respective directors, officers, and representatives — disclaim all liability for any loss, harm, disappointment, or claim arising from:
perceived failure to achieve expected results;
adverse effects, complications, or lack of improvement;
reliance on any treatment plan, communication, or recommendation facilitated through Naia Health; or
differences between anticipated and actual clinical or functional outcomes.
17.5 Survival and Interpretation
This clause survives termination or completion of your engagement with Naia Health and applies to all services, whether in-person, virtual, or delivered through affiliated or successor entities.
For clarity, nothing in this clause limits or excludes any statutory rights that cannot lawfully be excluded under Australian Consumer Law.
18. Termination of Services
18.1 Right to Terminate by Patient or Practitioner
You or your treating clinician may end your clinical treatment relationship at any time, subject to professional and ethical obligations of continuity of care. Termination by a clinician does not create any liability for Naia Health, which acts solely as an administrative and coordination service provider and is not responsible for the clinical relationship between patient and practitioner.
18.2 Right to Terminate by Naia Health
Naia Health reserves the unrestricted right, to the maximum extent permitted by law, to suspend, restrict, or terminate the provision of administrative, operational, coordination, digital, or communication services at any time and for any lawful reason, including but not limited to:
non-compliance with these Terms or any applicable policy;
disruptive, abusive, or unsafe behaviour toward practitioners, staff, or other patients;
repeated failure to attend appointments or settle outstanding fees;
suspected misuse of clinic systems or data;
conduct that, in Naia Health’s reasonable opinion, may jeopardise patient safety, regulatory compliance, or operational integrity; or
cessation, restructuring, sale, or transfer of Naia Health’s business or associated entities.
18.3 Consequences of Termination
Upon termination:
Naia Health’s obligations to provide administrative or coordination services will immediately cease;
Access to any digital, scheduling, or communication platforms operated by or through Naia Health may be suspended or revoked without notice;
Any outstanding fees, charges, or liabilities incurred prior to termination will remain payable and enforceable; and
Health records will be retained or transferred in accordance with legal and professional obligations and Naia Health’s Privacy Policy.
18.4 No Liability for Termination
To the fullest extent permitted by law, Naia Health, its affiliates, and representatives shall not be liable for any loss, inconvenience, delay, or damage arising from suspension, withdrawal, or termination of services, whether by you, your clinician, or Naia Health. Termination does not affect any accrued rights, obligations, or indemnities which shall continue to apply notwithstanding cessation of services.
18.5 Survival of Key Provisions
All provisions relating to data use, privacy, limitation of liability, indemnity, intellectual property, governing law, and dispute resolution shall survive termination and continue to bind all parties.
19. Data Accuracy and Patient Responsibility
19.1 Duty to Provide Accurate Information
You acknowledge that the accuracy, completeness, and timeliness of the information you provide are critical to the safety and effectiveness of your care. You agree to provide full, accurate, and up-to-date information about your medical history, medications, allergies, test results, symptoms, lifestyle factors, and any other information requested by your treating clinician or Naia Health for clinical, administrative, or insurance purposes.
19.2 Ongoing Obligation to Update Information
You must promptly notify both your clinician and Naia Health of any change to your health status, medications, personal details, or other material information that may reasonably affect your treatment, record accuracy, or data analysis. Failure to provide such updates may result in inappropriate or delayed care, and Naia Health accepts no responsibility for any resulting harm or adverse outcome.
19.3 Reliance on Patient-Supplied Data
You acknowledge that Naia Health and its associated clinicians, systems, and analytical tools rely on the information you provide — whether entered manually, obtained via consultation, or transmitted from devices, apps, or third-party platforms — and that the accuracy of this data is your sole responsibility. Naia Health does not independently verify the accuracy or completeness of information provided by you or by external sources under your control.
19.4 Limitation of Liability for Inaccurate or Omitted Data
To the maximum extent permitted by law, Naia Health, its directors, affiliates, data partners, and associated practitioners disclaim all liability for any diagnosis, recommendation, treatment decision, data analysis, or outcome that is based on incomplete, inaccurate, or misleading information supplied by you or any third-party data source linked to your account or device.
19.5 Patient Acknowledgment
By engaging services through Naia Health, you expressly acknowledge that:
You are responsible for verifying the accuracy of all information you submit or confirm;
Naia Health and its systems are entitled to rely on that information as true and correct without further verification;
Any adverse event, misinterpretation, or delayed care resulting from inaccurate or withheld information is solely your responsibility; and
You release Naia Health and all associated entities from any claim, loss, or liability arising from your failure to provide accurate or timely information.
20. Referrals and External Care
20.1 No Endorsement or Control
You acknowledge that referrals to, from, or through Naia Health Pty Ltd (“Naia Health”) are provided solely for coordination and administrative purposes. Any reference, recommendation, or referral to an external practitioner, specialist, insurer, hospital, allied-health provider, or diagnostic service does not constitute endorsement, supervision, or control by Naia Health.
20.2 Independent Providers
All external and referred providers operate independently and are responsible for their own professional conduct, advice, services, and outcomes. Naia Health does not verify the accuracy, quality, or suitability of external practitioners or organisations and accepts no liability for any loss, harm, or dissatisfaction resulting from their services, communication, or advice.
20.3 Patient Discretion and Responsibility
You remain solely responsible for evaluating and selecting external providers, reviewing their qualifications and terms, and making your own informed decision before engaging their services. You release Naia Health from any claim or complaint arising from the performance, negligence, billing, or policies of any external or referred provider.
20.4 Information Exchange and Insurance Alignment
Where appropriate, Naia Health may facilitate the transfer or exchange of clinical information between your treating practitioner and external providers, insurers, or related healthcare entities to coordinate or improve care, assess outcomes, or support future insurance or risk-management activities. Such sharing occurs only in accordance with your consent, the Privacy Policy, and Australian privacy law.
20.5 No Joint Liability
To the maximum extent permitted by law, Naia Health, its affiliates, and representatives shall not be jointly or severally liable for the actions, omissions, or representations of any external provider, insurer, or healthcare organisation involved in your treatment, referral, or follow-up care.
21. Governing Law
21.1 Applicable Law
These Terms, and any dispute, claim, or proceeding arising out of or in connection with them — including their existence, validity, interpretation, performance, or termination — shall be governed by and construed exclusively in accordance with the laws of New South Wales, Australia, without regard to any conflict-of-law principles.
21.2 Exclusive Jurisdiction
You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal therefrom. No proceedings may be commenced in any other jurisdiction.
21.3 Waiver of Objections and Foreign Claims
To the fullest extent permitted by law, you:
waive any objection to the venue or convenience of proceedings in New South Wales, including under the doctrine of forum non conveniens;
agree not to bring, support, or participate in any claim, class action, or representative proceeding in any jurisdiction outside New South Wales; and
acknowledge that Naia Health is not subject to the jurisdiction or enforcement powers of any foreign court, tribunal, or authority.
21.4 Continuity Across Entities
If Naia Health operates, expands, or assigns its rights through holding, parent, subsidiary, or successor entities (including international entities), this governing law and jurisdiction clause will continue to apply to all disputes involving or arising out of those entities’ activities relating to Naia Health’s operations.
22. Policy Updates
22.1 Right to Amend
Naia Health may amend, update, or replace these Terms at any time to reflect operational, technological, organisational, or legal developments; the introduction of new services or business models; or changes to clinical, insurance, or data-management practices.
22.2 Publication and Notice
Any updated Terms will be published on Naia Health website or made available through digital intake, booking, or communication systems. Naia Health may, at its discretion, also provide notice via email, SMS, or other reasonable means; however, publication alone constitutes sufficient notice of the change.
22.3 Automatic and Binding Effect
All amendments take effect immediately upon publication unless otherwise stated. By continuing to use Naia Health’s services — including booking appointments, attending consultations (in-person or digital), or engaging through affiliated programs or platforms — you acknowledge and agree to be bound by the most recent version of these Terms, without the need for further written consent.
22.4 Continuing Consent Across Entities
This ongoing consent applies to Naia Health and any current or future holding, parent, subsidiary, or successor entity that delivers or coordinates services on behalf of, or in connection with, Naia Health. You waive any claim or defence based on lack of notice, reliance on prior terms, or changes to the entity structure of Naia Health.
23. Acknowledgment of Independent Practitioners
23.1 Independent Status
You acknowledge and agree that all healthcare, diagnostic, or therapeutic services coordinated through Naia Health are delivered exclusively by independent clinicians who operate as separate professional entities or sole traders. Each clinician holds their own Australian Business Number (ABN), professional registration, and independent professional indemnity insurance, and provides services under their own clinical and legal responsibility.
23.2 No Employment, Partnership, or Agency Relationship
Naia Health does not employ, engage, or control clinicians as workers, agents, partners, franchisees, or representatives. Clinicians determine their own clinical methods, consultation times, treatment plans, and patient interactions, subject only to regulatory and professional standards. Nothing in these Terms or in any administrative arrangement shall be construed as creating an employment, partnership, joint venture, fiduciary, or agency relationship between Naia Health and any clinician.
23.3 Administrative and Support Role Only
Naia Health’s role is strictly limited to providing administrative, operational, and coordination support — including scheduling, patient communication, billing, record management, and infrastructure access. Naia Health does not direct, supervise, or influence the content, manner, or outcome of any clinical service.
23.4 No Vicarious Liability
To the fullest extent permitted by law, Naia Health, its holding or successor entities, directors, officers, and staff shall not be liable for any act, omission, negligence, advice, treatment, or failure to act by any clinician or third-party provider, whether in contract, tort, statute, equity, or otherwise. All clinical duties and obligations rest solely with the treating clinician.
23.5 Regulatory Compliance Acknowledgment
You acknowledge that this independent-practitioner model complies with applicable Australian tax, employment, and health-service laws, and expressly agree that Naia Health is not responsible for clinician remuneration, superannuation, workers’ compensation, or payroll tax liabilities. Each clinician is solely responsible for their own taxation, regulatory filings, and compliance with professional and statutory obligations.
24. Entire Agreement
24.1 Complete Integration
These Terms, together with Naia Health’s Privacy Policy and any written consents or digital forms incorporated by reference, constitute the entire agreement between you and Naia Health in relation to your access to and use of its administrative, coordination, and support services, as well as the handling of your personal and health information.
24.2 Exclusion of Prior or Implied Agreements
This Agreement supersedes and replaces all prior discussions, negotiations, understandings, representations, warranties, and agreements — whether oral, written, implied, or otherwise — relating to the subject matter herein. No oral statement, communication, or marketing material shall create or imply any additional term, warranty, or obligation on the part of Naia Health.
24.3 Amendments in Writing Only
No modification, waiver, or variation of these Terms shall be effective unless it is made in writing and issued by Naia Health or published through its official communication channels (including website, intake forms, or patient portals). Continued use of Naia Health’s services constitutes ongoing acceptance of the current Terms and Privacy Policy.
24.4 Independent Practitioner Acknowledgment
You acknowledge that the clinicians providing care through Naia Health are independent professionals who have separate agreements with Naia Health. Nothing contained in any conversation, communication, or shared documentation between you, Naia Health, and any clinician shall be construed as forming a joint or collective agreement between you and all parties.
25. Survival of Terms
25.1 Continuing Obligations
The expiry, completion, withdrawal, or termination of services or this Agreement — for any reason — does not affect or extinguish any rights, obligations, or protections that by their nature are intended to survive.
25.2 Clauses That Survive Indefinitely
Without limitation, the following provisions shall continue to apply in full force and effect after services have ceased or this Agreement has ended:
Privacy, data use, retention, and disclosure provisions;
Intellectual property and data-ownership clauses;
Limitation of liability and indemnity clauses;
Governing law and jurisdiction clauses;
Independent practitioner and non-employment provisions; and
Any other term necessary to give effect to the rights and obligations of the parties arising prior to termination.
25.3 Duration of Survival
These continuing obligations remain binding on you, Naia Health, and any successor or affiliated entity indefinitely, unless and until expressly discharged by written agreement or required by law.
25.4 Ongoing Enforcement
Naia Health retains the right to enforce, rely on, or invoke any surviving clause at any time after the cessation of services, including for the protection of its data, intellectual property, legal, or commercial interests.
26. Consent to Communication and Marketing of Health Services
26.1 Consent to Contact
By agreeing to these Terms, you expressly consent to Naia Health and its affiliated or successor entities contacting you via telephone, SMS, email, mail, or digital communication platforms for any lawful purpose directly or reasonably related to your care or Naia Health’s operations.
This includes, without limitation:
appointment scheduling, reminders, and follow-up communication;
clinical coordination and health-management support;
administrative, billing, or account-related correspondence;
updates on available or upcoming services, programs, or practitioners;
invitations to participate in health, rehabilitation, or wellness initiatives; and
information relating to new healthcare, insurance, or subscription-based offerings operated by Naia Health or its affiliates.
26.2 Educational and Promotional Communication
You acknowledge and consent to receiving educational, service-related, and promotional communications that may include general health information, wellness guidance, product or service announcements, or information about events, partnerships, and research opportunities connected to Naia Health or its affiliates.
26.3 Opt-Out Rights
You may opt out of non-essential or promotional communications at any time by following the unsubscribe instructions provided in the communication or by contacting support@naiahealth.com.au. Opting out does not affect Naia Health’s right to send essential messages regarding appointments, care, compliance, or safety.
26.4 Record of Consent
Naia Health will maintain a record of your consent for lawful communication in accordance with Australian privacy and spam legislation. Continued engagement with Naia Health services constitutes ongoing consent to these communications unless and until formally withdrawn in writing.
26.5 No Liability for Delivery Systems
Naia Health is not responsible for communication failures, misdeliveries, or delays caused by third-party systems, network outages, or user error, provided reasonable efforts were made to contact you using the information provided.
27. Electronic Transactions
27.1 Electronic Consent and Execution
By engaging Naia Health or using its digital systems, you consent to the use of electronic records, signatures, and communications for all purposes relating to your care, administration, and engagement with Naia Health. This includes, without limitation, the execution, delivery, and storage of:
consent forms, service agreements, and acknowledgements;
clinical and administrative documentation;
invoices, receipts, and payment authorisations; and
all notices, disclosures, and updates required under these Terms or by law.
27.2 Legally Binding Effect
You acknowledge that electronic acceptance (including by ticking a box, clicking “I agree,” submitting an online form, or otherwise indicating assent electronically) constitutes valid and binding consent to the same extent as a handwritten signature. This applies to all future interactions and agreements with Naia Health and its affiliated or successor entities, unless otherwise required by law.
27.3 Electronic Communication Delivery
You consent to receiving communications from Naia Health via email, SMS, secure web portals, or other approved electronic means, and agree that such communications are deemed received when transmitted, regardless of actual access time.
27.4 Records and Storage
Naia Health may retain and store all electronic communications, forms, and signatures in digital or cloud-based systems, and such records shall constitute admissible and conclusive evidence of consent and agreement in any legal, regulatory, or administrative proceeding.
27.5 Compliance with Law
This clause is governed by and complies with the Electronic Transactions Act 1999 (Cth) and corresponding state and territory legislation, ensuring that electronic transactions are valid, enforceable, and legally binding under Australian law.
28. Data Integrity and System Disruptions
28.1 No Guarantee of Continuous Availability
Naia Health does not warrant or guarantee that its digital systems, communication platforms, or data services will be available, uninterrupted, secure, or error-free at all times. Temporary interruptions may occur due to scheduled maintenance, software updates, data migrations, third-party system outages, or unforeseen technical issues beyond Naia Health’s reasonable control.
28.2 Third-Party Systems and Dependencies
You acknowledge that Naia Health utilises external service providers and software systems — including, but not limited to, cloud-based practice management, AI transcription, communication, and data-storage platforms — which operate under their own technical and security frameworks. Naia Health is not responsible or liable for:
service interruptions, latency, or downtime of third-party systems;
data corruption, loss, or delays caused by third-party errors, cyber incidents, or connectivity failures;
inaccurate, delayed, or incomplete data transfers between linked systems; or
any consequential, indirect, or special loss arising from such issues.
28.3 Data Integrity Disclaimer
While Naia Health implements reasonable safeguards to maintain the accuracy and integrity of stored data, it does not warrant that any data or record will remain error-free, up to date, or recoverable at all times. Patients are encouraged to retain personal copies of key health information or documentation provided.
28.4 Suspension and Emergency Maintenance
Naia Health reserves the right to suspend, restrict, or modify access to its systems or records — temporarily or permanently — where necessary for maintenance, upgrades, security protection, or other operational reasons. Naia Health will take reasonable steps to minimise disruption but is under no obligation to provide advance notice in emergency circumstances.
28.5 Limitation of Liability
To the maximum extent permitted by law, Naia Health, its directors, officers, employees, and affiliates shall not be liable for any loss, damage, claim, delay, or interruption arising from or connected to:
data corruption, deletion, or inaccessibility;
unauthorised third-party access;
system unavailability, hardware failure, or service suspension; or
acts, omissions, or negligence of third-party service providers.
Naia Health’s total liability, if any, shall be strictly limited to the re-supply of the affected service or the minimum remedy required under applicable law.
29. Assignment and Succession
29.1 Right to Assign or Transfer
Naia Health may, at its sole discretion and without the need for additional notice or consent, assign, transfer, novate, license, or otherwise deal with any or all of its rights, interests, obligations, data, and agreements under these Terms (including the Privacy Policy) to:
any current or future holding, parent, subsidiary, or successor entity;
any merged, acquired, or restructured business; or
any affiliated entity engaged in healthcare, insurance, research, or related business operations consistent with Naia Health’s functions and objectives.
29.2 Continuity of Rights and Obligations
Any such assignment or succession shall not affect the continuity of your consent, data rights, or the validity of these Terms. All permissions, consents, and acknowledgments provided under this Agreement — including those relating to data collection, retention, use, and disclosure — shall automatically extend to and be enforceable by the transferee entity to the same extent as if it were the original party.
29.3 Binding on Successors
These Terms and all associated rights, duties, and obligations shall be binding upon and inure to the benefit of Naia Health, its successors, assigns, transferees, and any future entity that acquires or continues its operations, assets, or services.
29.4 No Patient Right of Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms to any other person or entity without Naia Health’s prior written consent. Any purported assignment by you without such consent shall be void and of no effect.
29.5 Continuing Legal Effect
All consents and obligations under these Terms — including data use and disclosure provisions — remain valid and enforceable indefinitely, regardless of any corporate restructure, merger, sale, or change in control of Naia Health.
30. Force Majeure and Unforeseen Events
30.1 Definition of Force Majeure
For the purposes of these Terms, a Force Majeure Event includes any event or circumstance beyond the reasonable control of Naia Health, whether foreseeable or unforeseeable, that prevents, delays, or interferes with the performance of its obligations. Such events include, but are not limited to: natural disasters; fires; floods; storms; earthquakes; explosions; acts of God; pandemics or epidemics; public health emergencies; war; terrorism; civil unrest; strikes or industrial action; supply chain failure; governmental or regulatory restrictions; cyber incidents or data breaches; power or utility failures; equipment or software malfunction; communication or internet outages; or failure of third-party systems or infrastructure.
30.2 Suspension or Modification of Services
In the event of a Force Majeure, Naia Health may, at its sole discretion and without liability:
suspend, delay, limit, or modify the delivery of any services, appointments, or digital access;
implement emergency measures, including remote or deferred care arrangements; or
terminate services where continuation is impractical or unsafe.
30.3 No Liability for Delay or Non-Performance
To the maximum extent permitted by law, Naia Health, its directors, officers, employees, and affiliates shall not be liable for any loss, damage, claim, cost, or expense arising from or in connection with any delay, interruption, or failure to perform caused wholly or partly by a Force Majeure Event — including but not limited to loss of access to records, cancelled appointments, or delayed communication.
30.4 Continuing Obligations
Your obligations under these Terms — including those relating to payment, data accuracy, consent, and compliance — shall continue to apply and remain enforceable despite the occurrence of a Force Majeure Event, unless expressly prohibited by law.
30.5 Notice of Disruption
Where reasonably practicable, Naia Health will take steps to notify affected patients of material disruptions and, where possible, provide alternative arrangements or updates once normal operations resume.
30.6 Duration and Termination Rights
If a Force Majeure Event continues for a prolonged period rendering performance impracticable, Naia Health may, at its discretion, terminate affected services without penalty or liability, and without affecting the validity or enforceability of these Terms or any surviving clauses.
31. Contact
If you have any questions, concerns, or requests relating to these Terms or the services coordinated by Naia Health, please contact us in writing at:
Email: support@naiahealth.com.au
All formal correspondence, notices, or requests must be submitted in writing to this address. Naia Health is not responsible for communications sent to individual practitioners or alternate addresses outside this channel.