Terms and Conditions of Trade
These terms and conditions govern the supply of the Services by eReports to the Client.
The law in force in the state of Victoria, Australia, governs this agreement and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them for determining any dispute concerning this agreement.
If any of these Terms and Conditions are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
If eReports do not act in relation to a breach by the Client of these Terms and Conditions, this does not waive the rights of eReports to act with respect to subsequent or similar breaches.
Any offers made on this site are available only to Australian residents.
Our Service Relationship
The service relationship between the Client and eReports occurs in one of two ways:
a. eReports provides the ability to request file reviews and book appointments with consultant specialists online, who advise available appointments on the eReports website. Through the eReports website, the Client makes the arrangement directly with the consultant specialist. eReports facilitates the delivery of this service as arranged.
b. eReports provides the ability to request file reviews and book appointments with a relevant consulting specialist via the eReports website. Through the eReports website, the Client makes the arrangement directly with eReports. eReports delivers the service as arranged.
The nature and extent of the services offered by eReports may vary from time to time as required by eReports and/or the Clients. eReports does not warrant that a particular service will continue to be provided, or that it will be provided in the same way from time to time.
The service relationship between eReports and the consultant specialists is defined in the relevant eReports Specialist Agreement.
Provision of the assessment service is contingent on the examinee signing a consent form when attending the assessing location and prior to the assessment. This consent form documents agreement to the nature and conditions of the examination, and agreement to the report from the examination being delivered to the organisation requesting the report. It is also contingent on photo ID being presented.
Cancellation by eReports
The service may be cancelled by eReports if the Client fails to deliver documentation to eReports in either a sufficient timeframe to allow the consultant specialist to adequately prepare for the consultation, or where the documentation is inadequate to allow a fair assessment of the examinee.
The service may also be cancelled by eReports if the specialist booked is unsuitable or unqualified for that specific assessment, or if the examinee has previously not attended on a number of occasions, or where a history of violent or threatening behaviour is present, or where there is reasonable justification which leads eReports to believe that it or it’s consultant specialist cannot adequately deliver the assessment and report.
Report Quality and Content
eReports makes no warranty as to the quality and content of the report. All reports provided by eReports consulting specialists are dependant on adequate disclosure of information by the Client and the examinee. Reports are the independent opinions of the specialists preparing the reports. Whilst the Quality Assurance processes of eReports checks the compliance of the reports, and may refer them back to the consulting specialist for review, we will never request the content or opinion be changed.
Payment of Fees
eReports issues compliant tax invoices pertaining to provision of services via mail or email. Unless specifically excluded at law, the totals of these invoices will be GST inclusive at the prevailing GST rate. Dependant on the nature of the specific service, the invoice is payable either to the consultant specialist or to eReports.
All services of eReports are subject to change without prior notice. Any fees quoted at the time of booking are indicative and may be subject to change without prior notice.
Where required by eReports, the invoice is payable prior to service provision or prior to report dispatch.
Terms of payment are net fourteen (14) days from invoice dispatch.
A cancellation fee will apply for any cancellation within two (2) full business days prior to the date of the appointment, or service commencement, unless a superseding government gazetted fee or previously arranged alternative agreement applies.
A non-attendance fee will apply if the examinee fails to attend the advised location at the agreed appointment time. Late attendance, usually in excess of fifteen (15) minutes will constitute a non-attendance.
Limitation of Liability
In the event that eReports is deemed to be liable at law to a Client, this liability will be restricted to resupply of the relevant service or refund of fees paid.
To enable service delivery prior to payment, eReports will from time to time and at its discretion, extend credit to a Client. To facilitate this, the Client consents to eReports seeking, using and exchanging any reports from a credit reporting agency of its choosing containing information about the Client. Where necessary, the Client will specifically authorise release of such information to eReports.
In the event that credit is extended to a Client, the Client undertakes to comply with the terms of the credit facility, and to the terms of trading published on the invoices from eReports.
Changes in Terms and Conditions
eReports may vary any of these Terms and Conditions at any time. They will give notice of any variations by posting the revised Terms and Conditions on www.eReports.com.au. The Client’s continued use of the services after such notice will constitute acceptance of the variation.
If in the reasonable opinion of eReports, the Client breaches any of these Terms and Conditions, we may terminate our services immediately.
Examinee means any person or entity who or which is referred to eReports by a Client.
Client means a person or entity who engages eReports or any person who is supplied the Services by eReports.
Engagement means any engagement of eReports for any of the Services.
Expert means a doctor or other expert health care professional, who is engaged to provide any Services.
Fees means the fees payable by the Client for the provision of the Services, including any applicable Late Cancellation Fees or failure to attend Fees.
eReports means eReports Pty Limited Trustee for the eReports Hybrid Trust (ABN 98 306 762 536) trading as eReports.
Services means any services provided by eReports to the Client or the Examinee from time to time, including, without limitation, the provision of medical reports, health care or related advices, medical consultation services, expert opinions, expert witness services and any associated health care management services.