Terms & Conditions

1.Acceptance (a) This Agreement is between Top End Health (ABN 32 804 756 957) (we, our or us) and you, the company, entity, or individual who is purchasing any Products, Services or Goods (Goods) from us through our website located at topendhealth.com.au, via Stripe, mobile application, over Zoom or in-person. (b) By purchasing the Goods or Services from us, or proceeding with any quote issued, you agree: (1) that you have reviewed and accept these Terms and Conditions for the Sale of the Goods (Terms); and (2) that you have the legal capacity to enter into a legally binding agreement with us. (c) You must not place an order for Goods, Services or approve any quotes issued unless you are at least 18 years old.

2.Account Holders (a) You may be eligible to create an account in order to purchase Goods or Services from us (Account), which allows you to pay your invoices on a monthly basis. You may purchase Goods or Services from us with, or without, an account. (b) When you create an account and/or make a purchase, you may be asked to provide us with basic account information such as your name, billing address and payment details. (c) You must ensure that any information that you give us when you create an Account with us, including any personal information, is accurate and up-to-date. All personal information that you give to us will be used to manage your Account and will be treated in accordance with applicable law. (d) You are liable for all activity under your Account, including all purchases made using your Account details. (e) You may be required to complete a health assessment questionnaire prior to commencing any rehabilitation program or service.

3.Orders (a) You may order Goods or Services from us through our website or as otherwise set out on the Site (Order). Any Order placed by you is an offer to purchase the Goods or Services for the price notified (including any applicable charges and taxes) at the time you place your Order. (b) We may, at our absolute discretion, accept or reject an Order. We will endeavour to notify you of a rejection at the time of the Order or within a reasonable time thereafter. (c) Each Order that we accept results in a separate binding agreement between you and us for the supply of Goods or Services in accordance with the Terms. (d) It is your responsibility to check the Order details and confirm the accuracy of all aspects of the Order, including the description of the Goods or Services, the pricing, and your contact details before you submit your Order to us. (e) When your Order has been confirmed, we will provide you with an Order confirmation, which may include an order number, an order ID, and a description of what was ordered. (f) If you cancel your Order after we have accepted it, you will be liable for any costs that we have incurred, or that we cannot recover, as a result of that cancellation.

4.Price and Payments (a) You must pay us the purchase price of the Goods or Services that you order, plus any Australian GST and applicable charges as advised by us (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable). (b) If you do not have an Account with us, you must pay the Price upfront at the time of purchase or on completion of services rendered. Only once the Price has been paid in full will we provide you with the Goods or Services. (c) If you have an Account with us and request a monthly statement we will send you a monthly statement at the end of each month in respect of Goods purchased or Services rendered during that month. You agree to pay the monthly statement as per the times and using the payment method stipulated in the monthly statement or invoice. (d) If you fail to pay your invoice in accordance with clause 4(c), we may suspend your Account and the provision of any Goods or Services under it until we receive payment. If you dispute an invoice, or any part of the invoice, you must notify us of your dispute in writing within 7 days of the date of our invoice, setting out full details of your dispute, and you must pay any undisputed portion of the invoice as set out in clause 4(c). (e) If full payment has not been made against an invoice as set out in the Terms, we may (at our absolute discretion) immediately cease supplying Goods or Services to you and/or charge you interest on the outstanding payment at a rate equal to the Reserve Bank of Australia's cash rate, from time to time, plus 5% per annum, calculated daily and compounding monthly. (f) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price. (g) Where you have selected a Weekly Service Plan and paid the initial instalment, you must pay the Service Plan Fee each week thereafter via direct debit from a credit card or bank account. The direct debit arrangement is subject to additional terms and conditions from our third-party provider, as set out on the website. (h) Should: (1) you fail to pay any amount when it is due and owing; (2) you default in the performance of your obligations under these Terms and Conditions; (3) you, if an individual, commit an act of bankruptcy, or if you are a corporation, become subject to external administration or pass a resolution to wind up; then: (4) in addition to any other rights we have, you shall be in breach of these Terms and Conditions, and we shall be entitled to treat the whole of the scope of works as repudiated. We may refuse to supply any services to you, and may elect to recover outstanding amounts through the courts or a third-party debt recovery service, together with interest, solicitor fees, and related costs. We will be immediately entitled to terminate or suspend the provision of future services without liability.

5.Delivery of Services (a) Top End Health delivers services both in-person at our Darwin clinic and virtually via online platforms. Delivery will be in accordance with the service plan selected at the time of purchase. (b) Any dates or timeframes notified by us for delivery of services or programs are estimates only. We accept no liability for delays beyond our reasonable control. (c) If you need to reschedule or change a service appointment, please notify us as soon as possible in writing.

6.Returns, Refunds, Holds and Cancellations (a) We do not offer change of mind returns or refunds on once-off plans, initial instalments, service subscriptions or digital resources (including ebooks and program materials). Failure to complete onboarding or check-ins does not entitle you to a refund. Failure to attend your initial consultation or assessment does not entitle you to a refund. Change of mind due to circumstances beyond our immediate control does not entitle you to a refund. Any plans requiring adjustments due to a mistake by Top End Health will be rectified within 3 to 5 business days; this does not entitle you to a full refund. (b) A minimum subscription period applies when you join our coaching or rehabilitation services, as discussed and agreed at the time of enrolment (8 or 12 weeks). A minimum of 2 weeks written notice is required to cancel your subscription. Please email support@topendhealth.com to do so. There is no cooling off period. Once you have been admitted to our software platforms, you must commit to the agreed minimum period. (c) At your request with no less than 14 days written notice, we may place your Service Plan on hold for a maximum of one continuous 8-week period in any 12-week period (Hold). During a Hold, we will not provide services to you and you will not be required to pay the Service Plan Fee. (d) Within your minimum commitment period, you may only upgrade your Service Plan. You may upgrade, downgrade or cancel your Service Plan by providing at least 14 days written notice to support@topendhealth.com after your minimum term has been completed. Where there is a difference in the Service Plan Fee as a result of any change, you must pay the difference or we will credit it towards future Service Plan Fees payable by you, as applicable. A downgrade request within a minimum commitment term is at our discretion. We offer no cooling off period for service plans. (e) Refunds may be offered if: the program was not delivered at all after an initial consultation has been completed; the program is significantly different from what was advertised; the service was delivered without due care and skill; or (f) Refunds are not offered if: the client has changed their mind after payment; the client is too busy or no longer wishes to continue; the client did not complete their onboarding tasks; the client did not complete their program and left their membership unattended for any period of time the client did not email support@topendhealth.com to request cancellation the client did not achieve desired results (unless results were explicitly guaranteed); or the client experienced personal or health issues unrelated to program delivery. (g) The Service Plan is non-transferable and cannot be resold or gifted to another party. The Account name of the original Service Plan holder cannot be changed under any circumstances.

Australian Consumer Law (h) Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. Our services and goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Any and all other warranties or conditions that are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

7.Limitations (a) Despite anything to the contrary, to the maximum extent permitted by law: (1) our maximum aggregate liability arising from or in connection with the Terms will be limited to, and must not exceed, the portion of the Price paid by you to us for the Goods or Services the subject of the relevant claim; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation and/or loss of use, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. (b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any: (1) injury, loss or damage to any person arising from participation in a rehabilitation or exercise program, where you have failed to disclose relevant medical history or have acted contrary to clinical advice provided; (2) failure or delay in providing services; or (3) breach of the Terms or any law, where caused or contributed to by any event or circumstance beyond our reasonable control, or any act or omission of you or your related parties.

8.Health Disclaimer (a) Top End Health provides physiotherapy and rehabilitation services. Our services are not a substitute for emergency medical care. If you experience a medical emergency, please call 000 or attend your nearest emergency department. (b) You are responsible for providing accurate and complete health information to us prior to commencing any program. We accept no liability for adverse outcomes arising from incomplete or inaccurate health disclosures. (c) Results from rehabilitation programs vary between individuals and are not guaranteed unless explicitly stated.

9.Collection Notice (a) We collect personal information about you in order to manage your Account, to contact and communicate with you, to respond to your enquiries, to process and deliver your Orders, and for other purposes you give us permission for. (b) We may disclose that information to third-party service providers who help us supply and deliver services to you (including telehealth platforms, practice management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, and payment systems operators) or as required by law. If you do not provide this information, we may not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia. (c) By providing personal information to us, you acknowledge that we will collect, hold, use and disclose your personal information in accordance with these Terms and our Privacy Policy, and in accordance with the Privacy Act 1988 (Cth).

10.General (a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause). (b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when you submitted your Order or in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email. (c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. (d) Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties. (e) Photographs and Testimonials: If you provide us with photographs, videos or written testimonials (including via email or by tagging us on social media), you consent to us publishing such content and details (including but not limited to your name and outcome information) for our marketing purposes, including on our website and social media platforms. (f) Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please contact us using the details below and we will take reasonable steps to address your concerns. (g) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable. Failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of the Terms. (h) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent. (i) Entire agreement: The Terms contain the entire understanding and agreement between you and us in respect of their subject matter. (j) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. (k) Governing law: These Terms are governed by the laws of the Northern Territory of Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the Northern Territory and any courts entitled to hear appeals from those courts, and waives any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Top End Health Email: support@topendhealth.com Website: topendhealth.com.au

Last updated: April 2026