Terms and Conditions

STANDARD TERMS AND CONDITIONS FOR MEMBERSHIP, ACCESS TO WEBSITE AND EMAIL WITH “CLEAR HORIZON PROJECT PTY LTD.”

The meaning given to certain words used in these Terms and Conditions are contained in the “Interpretation” section below.

GENERAL
1. These Terms and Conditions shall apply to all agreements and applications for Membership with Clear Horizon Project Pty Ltd. “hereafter Clear Horizon”.
2. The terms and conditions set out herein shall prevail over any other documentation or communication.
3. Your application for Membership with Clear Horizon and access to the Clear Horizon online Membership Application constitutes your agreement to be bound by these Terms and conditions.
4. From time to time, Clear Horizon may change these Terms, without notice.
5. Any subsequent use and/ or continued use of Clear Horizon services by you will mean that you have accepted the Terms as they stand at the time.
6. If you do not agree to these Terms, you must not use or access the Clear Horizon Membership Application or Clear Horizon Website.
7. These Terms are intended to be for the Benefit of each of Clear Horizon, its relevant Service Providers and their respective Personnel.
DESCRIPTION OF SERVICES
1. Clear Horizon is a not-for-profit charity, which provides various subsidised health services to its Members, through referring Members to its network of Service Providers.
2. Clear Horizon does not provide the health services to its Members directly. It merely refers Members to Service Providers who have agreed to provide health services to Clear Horizon Members, under the Service Level Agreement signed by them.
MEMBERSHIP OF CLEAR HORIZON
1. Person(s) will be eligible to receive Benefits offered by Clear Horizon, once they become an approved Member of Clear Horizon.
2. To be eligible to receive services through the Service Providers, a Member must hold a full paying active annual Membership with Clear Horizon, before the commencement any treatments.
3. A person becomes a Member of Clear Horizon by completing a Membership Application form (through the Clear Horizon Website), providing full and accurate disclosure of the information required and paying the Annual Membership Fee.
4. Clear Horizon will process all Membership Applications received on a merit basis.
5. Once approved, a Member will receive a Membership Number and a receipt confirming their Membership Payment.
6. Only after a person received their Membership Number, can a person approach Service Providers for Benefits.
MEMBERSHIP ELIGIBILITY CRITERIA
1. Clear Horizon will consider applications for person(s) who meet the following eligibility criteria:
  1. Refugees Visa holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  2. Humanitarian Entrant Visa holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  3. Protection Visa holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  4. Specific classes of Bridging Visa holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  5. Emergency Rescue Visa holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  6. At Risk Visa Holders as defined in the Migration Act (Cth) and Migration Regulations (Cth);
  7. Persons facing immediate and severe financial hardship; and
  8. Persons facing extreme and extenuating circumstances (such as homelessness, domestic violence etc.).
2. Clear Horizon reserves the right to request documentation from prospective Members to verify their eligibility.
3. Suitable documents to prove eligibility can include, but are not limited to, visa labels, letters for Government Departments, Bank Statements, Centrelink Statements, letters of support or documentation from a Non-Government Organisation.
DURATION OF MEMBERSHIP
1. Memberships will be valid for one (1) full calendar year.
2. Members will be required to renew their Memberships by completing the Membership Application form (through the Clear Horizon Website), providing full and accurate disclosure of the information required and paying the Annual Membership Fee.
3. Members will only be eligible for further Benefits after their first year of Membership, if they have renewed their Memberships as required under this clause.
CANCELLATION OF MEMBERSHIP BY MEMBERS
1. Annual Memberships cannot be cancelled if treatments have already been rendered to the Member(s) by the Service Provider(s), by their virtue of their Membership with Clear Horizon. This includes all and any treatments, even if such treatments do not constitute the full Benefit the Member is eligible to claim through Clear Horizon under their Membership.
2. Annual Memberships wherein Members have not claimed any treatments or Benefits, can be cancelled by a Member during the Membership calendar year by providing written notice to Clear Horizon (email is acceptable). Such a notice is to set out the reasons for the cancellation and the effective date of the cancellation.
3. Requests for cancellation will be considered by Clear Horizon on a case by case basis.
4. If the Annual Membership is cancelled by Clear Horizon, Members will be eligible for a refund of monies paid by them for the Membership Fee, less $30 for administration.
CANCELLATION OF MEMBERSHIP BY CLEAR HORIZON
1. Clear Horizon reserves the right to cancel any Membership, service or Benefit rendered by it to Members or persons under this agreement, if the Member or person is in breach of any clauses contained in the Terms herein or for dishonesty, fraud, false impersonation, error, faults, omissions, inaccuracies or misrepresentation or any other illegal act.
BENEFITS RECEIVED FOR MEMBERS OF CLEAR HORIZON
1. Active Members of Clear Horizon will be eligible to receive any, and all, of the following through Clear Horizon Service Providers:
  1. Free first checkup;
  2. Free first OPG;
  3. Free treatment plan;
  4. 30% off the total cost of the first approved treatment provided through and by the Service Provider; and
  5. A further 30% off total cost of further treatments through the Service Provider, subsidised through grants/ sponsorship.
2. Limits may apply to the maximum Benefits which may be claimed by a Member during a calendar year.
NOMINATION OF SERVICE PROVIDERS
1. Clear Horizon reserves the right to refer Members to specific Service Providers it nominates for treatments, as it deems necessary.
2. If Clear Horizon does not nominate a Service Provider, the Member may nominate a Service Provider through the list of Providers available on the Clear Horizon Website.
OBLIGATIONS OF MEMBERS
1. Members are required to comply with the following, to be eligible to receive the Benefits they are entitled to by virtue of their Membership:
  1. Complete a Membership Form;
  2. Pay the Annual Membership Fee;
  3. Ensure any information provided is accurate and up to date;
  4. Provide all identification and eligibility documentation as required;
  5. Provide copies of all medical records as required;
  6. Provide copies of Medicare and Health Care/ Pension Cards, if available and as required; and
  7. Make all payments required to Service Providers promptly, when they become due and payable.
OBLIGATIONS OF SERVICE PROVIDERS
1. Service Providers serving Clear Horizon Members will be required to ensure their compliance with the following:
  1. Informing a person(s) of their eligibility for Benefits through Clear Horizon, if they are likely to meet the Eligibility Criteria of Clear Horizon Membership;
  2. Processing a Clear Horizon Member as a patient under the Clear Horizon Service Level Agreement;
  3. Providing the Clear Horizon Member a free first check-up;
  4. Providing the Clear Horizon Member a free first OPG;
  5. Providing the Clear Horizon Member a free treatment plan;
  6. Providing the Clear Horizon Member 30% off the total cost of the first approved treatment;
  7. Referring the Clear Horizon Member back to Clear Horizon if further work is required, for the Member to claim the further 30% grant/ donation subsidy;
  8. Referring Clear Horizon Members to Specialists or other service providers that are also Clear Horizon Service Providers as a first and preferred priority;
  9. Ensuring Clear Horizon Members are regularly kept up-to date of all works requiring completion, including any unplanned or new work(s);
  10. Issuing Clear Horizon Members with invoices for services rendered directly;
  11. Collecting payments from Clear Horizon Member for services rendered directly;
  12. Maintaining legal and other services records as required for the patient; and
  13. Providing services to Clear Horizon Members of a quality and professional standard.
LIMITATION OF LIABILITY
1. Clear Horizon shall not be liable for any indirect, incidental, special or consequential Loss or damage or loss of profits however caused, suffered by Members, as a result of any negligence, breach of contract or otherwise in relation to any services provided to the Member by the Service Provider to whom Clear Horizon has referred the Member to.
2. To the extent permitted by law, Members agree to indemnify and keep indemnified each Indemnified Person against all actions or claims which may be brought against each Indemnified Person by any person and all Loss suffered or incurred as a result of:
  1. Their breach of these Terms;
  2. Their breach of any other legal obligation or law;
  3. Their acts or omissions;
  4. Their use of the information contained in a Clear Horizon Email; and
  5. Their use of and access to the Clear Horizon Website.
PRIVACY POLICY
1. Your privacy is very important to Clear Horizon.
2. Clear Horizon may ask you to provide personal information when you use the Clear Horizon Website and relevant applications.
3. The way in which Clear Horizon collects, uses and discloses personal information is subject to our Privacy Policy.
WEBSITE USE
1. Subject to these Terms, you agree that your use of and access to the Clear Horizon Website is at your own risk.
2. Clear Horizon tries to ensure that the Content (which includes information supplied by third parties) is accurate and up-to-date. Please write to Clear Horizon if you spot an error.
3. However (to the extent permitted by law), Clear Horizon does not warrant the accuracy, adequacy or completeness of the Content, and you should not rely upon the Content as being accurate, complete or up-to-date.
4. Clear Horizon will take reasonable steps to provide a safe and reliable service. But there are some risks with using the internet. Clear Horizon does not guarantee that the Clear Horizon Website will be free from viruses.
5. Clear Horizon accepts no responsibility for any harmful computer code that might be introduced to your system by using the Clear Horizon Websites (to the extent permitted by law).
6. Clear Horizon does not guarantee that access to the Clear Horizon Websites will be uninterrupted, timely or secure, or that it will always operate as intended, and Clear Horizon accepts no responsibility in that regard (to the extent permitted by law).
7. The Clear Horizon Website, or any product or service available on them, may be changed or withdrawn at any time, without notice.
8. Your access to the Clear Horizon Website may be terminated at any time, without notice, for whatever reason.
9. You must not, in any way, access the Clear Horizon Website or its Content after termination. The disclaimers, limitation of liability and indemnity provisions in these Terms will survive the termination.
EMAIL USE
1. Subject to these Terms, you agree that your use of the information contained in Clear Horizon Emails is at your own risk.
2. Clear Horizon does not warrant the accuracy, adequacy or completeness of the information in a Clear Horizon Email and you should not rely upon the content as being accurate, complete or up-to-date.
3. Clear Horizon recommends you confirm the news, information and offers contained in the Clear Horizon Email with the relevant offeror(s) and Supplier(s).
4. Clear Horizon does not guarantee that the Clear Horizon Email will be free from viruses.
5. Clear Horizon accepts no responsibility for any harmful computer code that might be introduced to your system by accessing a Clear Horizon Email (to the extent permitted by law).
6. Clear Horizon does not guarantee that the sending of the Clear Horizon Emails will be uninterrupted or timely and Clear Horizon accepts no responsibility in that regard (to the extent permitted by law).
7. The sending of the Clear Horizon Emails may cease at any time, without notice.
FORCE MAJEURE
1. Neither Clear Horizon or its Service Providers shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
SEVERANCE
1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed, and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
INTELLECTUAL PROPERTY
1. The Clear Horizon Website (including the software, layout and design) and their Content are subject to copyright.
2. You may view the Clear Horizon Websites using your browser and print out or download a copy for your personal and non-commercial use.
3. Except as otherwise provided by law, all other use, copying, reproduction, dissemination, modification, distribution, transmission, republication, display or performance of all or part of the Clear Horizon Website is prohibited.
4. Nothing in these Terms constitutes a transfer of any intellectual property rights.
5. Clear Horizon, its Related Bodies Corporate and the Service Providers own or licence certain trademarks which may appear on the Clear Horizon Websites. Un-authorised use of those marks is prohibited.
GOVERNING LAW
1. These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and the parties hereby submit to the exclusive jurisdiction of the Australian courts.
INTERPRETATION In this document the following words shall have the following meanings:
1. Benefit(s) means products or services a Member is eligible for through Service Providers, by virtue of their Membership with Clear Horizon.
2. Charity means a registered entity with the Australian Charities and Not-For-Profits Commission, as presently known, or any relevant statuary authority responsible for the management of charities and not-for-profit entities.
3. Clear Horizon means the legal entity CLEAR HORIZON PROJECTS PTY LIMITED (ABN 41 618 639 982 and ACN 618 639 982).
4. Content means the content, text, data, information, images, pages, materials, tools and results contained on Clear Horizon Website, publications, forms, brochures or other official content containing the company’s formal mark or insignia.
5. Email means an email sent by or on behalf of Clear Horizon to You, providing news, information and offers about Clear Horizon and other correspondence such as Membership numbers.
6. Indemnified Person means Clear Horizon and Clear Horizon’s Related Bodies Corporate and their respective Personnel.
7. Loss means any damage, loss, cost, expense or liability however it arises and whether it is direct or indirect, present or future, fixed or unascertained, actual or contingent and includes all legal costs and expenses.
8. Member means any person who is recognised and accepted as meeting the eligibility criteria by Clear Horizon for Membership.
9. Personnel means the directors, officers, employees, volunteers, agents and contractors of a person.
10. Related Bodies Corporate has the same meaning as in the Corporations Act 2001 (Cth).
11. Service Provider means a participating supplier or provider of the goods and services under a Service Level Agreement. The Service Provider is responsible for providing the medical services agreed to dactyl to Members.
12. Terms means the terms and conditions set out in this document and any special terms and conditions which are varied from time to time by Clear Horizon Project Pty Ltd.
13. Website means the Clear Horizon Website.
14. You means the user of either of the Clear Horizon Website or a Clear Horizon Member or other person accessing Clear Horizon related content.

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