Clinic & Practitioner Terms of Service

TERMS OF AGREEMENT – CLINICS AND PRACTITIONERS

NAD AUSTRALIA PTY LTD
ABN 83 626 494 282
PO BOX 627, Moorebank NSW 2170
Email: admin@nadaustralia.com
Governing Law: New South Wales, Australia

1. Definitions

In this Agreement: "NAD Australia", "we", "us", or "our" refers to NAD Australia Pty Ltd. "Clinic" refers to a registered health service provider, medical or wellness clinic, or business entity participating on the NAD Australia Platform. "Practitioner" refers to an individual healthcare professional, therapist, or wellness provider listed or operating under their own name on the Platform. "Platform" means the NAD Australia mobile application and its associated systems, including any website components used for listing, profile visibility, payments, and client communications. "Client" means any individual who views, connects, or engages with a Clinic or Practitioner through the Platform.

2. Nature of Agreement

2.1 This Agreement governs the participation of each Clinic or Practitioner ("you", "your") in the NAD Australia Platform.

2.2 By registering, listing, or maintaining a profile on the Platform, you agree to be bound by this Agreement.

2.3 This Agreement does not create an employment, partnership, joint venture, agency, or franchise relationship between you and NAD Australia.

2.4 NAD Australia does not take, manage, or facilitate bookings for any medical or therapeutic treatment. The Platform serves only as a directory and communication medium.

3. Role of NAD Australia

3.1 NAD Australia operates solely as a digital technology platform facilitating visibility, information sharing, and communication between Clients and independent Clinics or Practitioners.

3.2 NAD Australia does not manufacture, stock, supply, or sell any NAD+ or related health products.

3.3 NAD Australia does not provide medical services, advice, or diagnosis, and is not responsible for any treatment, prescription, or procedure provided by any Clinic or Practitioner.

3.4 Clinics and Practitioners operate as independent third-party providers and remain fully responsible for their professional conduct, compliance, and client outcomes.

4. Clinic and Practitioner Obligations

4.1 Each Clinic and Practitioner warrants that: a) They hold all required licences, qualifications, registrations, and insurances necessary to provide their advertised services; b) All information supplied to NAD Australia and displayed to Clients via the Platform is accurate, current, and not misleading; c) They comply with all relevant laws, regulations, and professional standards applicable to health and medical practice in Australia; d) They will not make any false, misleading, or unapproved therapeutic claims under the Therapeutic Goods Administration (TGA) or Australian Health Practitioner Regulation Agency (AHPRA) frameworks.

4.2 Clinics and Practitioners must immediately update or remove outdated or inaccurate listings, service details, or availability.

4.3 Practitioners listed under a Clinic profile are responsible for ensuring their credentials and association are valid and verifiable.

5. Bookings, Communications, and Payments

5.1 The Platform may allow Clients to contact Clinics or Practitioners, but NAD Australia does not facilitate, manage, or complete any bookings for treatment.

5.2 Any booking or engagement is made directly between the Client and the Clinic or Practitioner outside the Platform.

5.3 Where payment facilitation is available, NAD Australia acts only as an intermediary and is not a party to the transaction.

5.4 NAD Australia is not responsible for refunds, cancellations, or disputes arising between Clinics, Practitioners, and Clients.

6. No Endorsement

6.1 Listing on the Platform does not constitute endorsement, accreditation, or recommendation by NAD Australia.

6.2 NAD Australia makes no warranty regarding the qualifications, outcomes, or professionalism of any Clinic or Practitioner.

7. Indemnity

7.1 The Clinic or Practitioner agrees to fully indemnify, defend, and hold harmless NAD Australia Pty Ltd, its directors, officers, employees, contractors, and affiliates from and against all claims, actions, losses, liabilities, damages, costs, and expenses (including legal costs on a full indemnity basis) arising directly or indirectly from: a) any act, omission, negligence, or breach by the Clinic or Practitioner; b) any breach of this Agreement; c) any treatment, advice, or communication provided to a Client; d) any adverse reaction, injury, or complaint from a Client; or e) failure to comply with applicable law or professional codes.

7.2 This indemnity survives the termination or expiry of this Agreement.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, NAD Australia excludes all liability (including negligence) for any direct, indirect, incidental, or consequential damages arising out of or in connection with: a) the operation or use of the Platform; b) any services provided by a Clinic or Practitioner; or c) any disputes between a Clinic, Practitioner, and Client.

8.2 NAD Australia's total aggregate liability, if any, shall not exceed the amount of platform fees paid by the Clinic or Practitioner in the preceding three (3) months.

9. Insurance and Compliance

9.1 Clinics and Practitioners must maintain current professional indemnity insurance and public liability insurance covering all services offered via the Platform.

9.2 Proof of insurance must be provided to NAD Australia upon request.

9.3 Compliance with the Privacy Act 1988 (Cth), AHPRA codes, and all other professional regulations is mandatory.

10. Content and Intellectual Property

10.1 NAD Australia may use a Clinic's or Practitioner's business name, logo, and public profile information for marketing and listing purposes.

10.2 The Clinic or Practitioner warrants that any content supplied does not infringe third-party intellectual property rights.

10.3 All Platform software, systems, and data remain the property of NAD Australia.

11. Termination

11.1 NAD Australia may suspend or terminate an account at any time without notice for breach, misconduct, or reputational risk.

11.2 Either party may terminate this Agreement with written notice.

11.3 Upon termination, NAD Australia will remove all related listings and data from public access.

12. Confidentiality

12.1 Both parties must maintain confidentiality regarding all non-public business, technical, or personal information obtained in connection with this Agreement.

12.2 This clause survives termination.

13. Governing Law and Jurisdiction

13.1 This Agreement is governed by the laws of New South Wales, Australia.

13.2 The parties submit to the exclusive jurisdiction of the courts of New South Wales.

14. Entire Agreement

14.1 This Agreement represents the entire understanding between the parties concerning participation in the Platform and supersedes all prior representations or communications.

Executed by use and acceptance through registration within the NAD Australia App.