360 Care Plan Terms & Conditions

The CPAP Clinic Pty Ltd, trading as Sove CPAP Clinic (Sove CPAP Clinic) The 360 CPAP Care Plan (Plan) is a comprehensive program that helps optimise your CPAP treatment by taking care of the full spectrum of treatment maintenance from providing clinical oversight from Sleep Specialists, to sleep study services and complimentary CPAP accessories to supplement the CPAP machine that you currently use.

PLAN ELIGIBILITY

The Plan is open to residents of Australia above the age of 18.

PLAN FEE, DURATION & BENEFITS

The cost of the Plan is $360 which lasts for 12 months (Plan Period). Plans are paid upfront for the full Plan Period and cannot be pro-rated. The Plan includes the following benefits:

• Bi-annual Specialist reviews
• Bulk billed sleep study where Medicare eligibility is met
• Unlimited CPAP Consultant reviews
• CPAP Data Reports
• Complimentary Accessories
• Additional discounts for CPAP Accessories
• Complimentary loan equipment if the machine you currently use is unable to be used.

SLEEP/RESPIRATORY SPECIALIST REVIEWS

You will receive 2 bulk billed telehealth consultations (video or phone) with a Sleep/Respiratory Specialist (who are medical practitioners registered through the Royal Australasian College of Physicians), the first to take place around 1 month after the start of the Plan, and the second around 6 months after the first Specialist Review, during the Plan Period. This is subject to you holding a valid Medicare card, having a valid referral, and otherwise meeting all applicable Medicare criteria.

The Specialist reviews are designed to provide oversight to the diagnosed condition of sleep apnea and CPAP treatment only. They are not for the purpose of diagnosing new conditions where longer consultations, and/or face-to-face treatment/diagnosis is required, or to replace any emergency services. If the Specialist finds additional medical issues during reviews conducted under the Plan, they may at their discretion, advise you to make separate appointments outside of the Plan, or refer you back to see your GP or other medical practitioners.

You will be responsible to contact us to schedule the 2 Specialist reviews at a time that is convenient. These review consultations will be forfeited if you fail to make a booking or fail to attend a scheduled appointment and did not provide us with at least 48 hours' notice for cancellation.

SLEEP STUDY

If deemed necessary by a Sleep/Respiratory Specialist, we will provide you with one bulk billed home sleep study (Medicare item number 12250) provided you have a valid Medicare card and all applicable Medicare criteria are met. As at the date of this document, these include a valid Medicare card and referral are required at the time of the review, and may also include meeting certain medical criteria.

To undertake the bulk billed sleep study, you agree to attend a clinic operated by Sove CPAP Clinic or one of its affiliates to have the diagnostic equipment set up, and to return our equipment the day after your sleep study. Due to the nature of a home sleep study, there may be situations where there is not sufficient data to provide a sleep study report (for example, if you did not sleep for a sufficient amount of time; or if a lead dropped off during the study). You agree that, if a study needs to be repeated, it may involve an additional out-of-pocket expense.

You will be responsible to contact us to schedule your sleep study at a time that is convenient. The sleep study will be forfeited if you fail to attend a scheduled appointment and did not provide us with at least 48 hours' notice of cancellation.

CPAP CONSULTANT REVIEWS

Our CPAP Consultants: a team of experienced clinicians assisting patients in starting treatment and remaining on effective treatment, will work closely with your Sleep Specialist or other medical practitioner(s) involved in your care. You will receive unlimited reviews with our CPAP Consultants or Consultants at our affiliated partner (Partner) with whom you registered the Plan. These reviews can be undertaken in person or by telehealth. The purpose of these reviews is solely to provide support on your existing CPAP treatment. If during a review, the Consultants identify new medical issues or changes to treatment, they may at their discretion refer you for a Specialist Review either under the Plan, or with other practitioners as appropriate for your care which would be outside the operation of this Plan.

CPAP REPORT DOWNLOAD

In order to download data from your CPAP device, you agree to provide us, our affiliated clinic Centurion Healthcare Pty Ltd ABN 30 120 011 449 (Centurion) and Partner with permission to download the report from your device remotely (where this is possible), and/or provide with the physical data card for us to manually download the information (CPAP download reports).

It is helpful to regularly share your treatment progress with other clinicians who are involved in your care. You authorise us to share your medical information including CPAP download reports with any third party agent or contractor.

INCLUDED CPAP ACCESSORIES

At the start of your Plan, you will receive 3 tubs of unscented CPAP mask cleaning wipes and CPAP machine filters depending on the CPAP machine you are using.

 If you do not use any of the listed machine, we will at our discretion, either provide you with filters suitable for your machine or with a $15.00 credit voucher for use at The CPAP Clinic during the Plan Period.

ADDITIONAL DISCOUNT FOR CPAP ACCESSORIES

As a Plan holder, you will receive an additional 10% discount on CPAP accessories purchased from The CPAP Clinic's website (www.thecpapclinic.com.au) during the Plan Period. This additional discount applies only to CPAP accessories, specifically being mask cushions, mask frame, headgear, mask clips, mask filters, CPAP machine filters, CPAP machine tubing (heated and standard), humidifier and humidifier chamber. New CPAP machines and/or complete CPAP masks systems are excluded from this Plan. This discount cannot be used in conjunction with any other offer. Any promotional code is designed for your use only and must not be shared with another person. This Plan does not cover the cost of a CPAP machine.

COMPLIMENTARY LOAN CPAP MACHINE

There may be times when your CPAP machine may require repair with the manufacturer. We will provide you with a loan CPAP machine, adjusted to settings you provide to us in writing, for a maximum of 8 weeks in aggregate during each Plan Period. We will endeavour to provide you with a similar model and brand of CPAP equipment that you are using, all loan equipment is subject to availability. On each occasion, you agree to provide us with the repair/warranty reference number and fault details. In addition, you will also need to sign our standard rental agreement (no rental fee will be charged) and observe all provisions, as well as provide the relevant security should you wish to obtain a loan CPAP Machine under the Plan. You can collect your loan equipment in person at our clinic, or arrange for it to be delivered to you (delivery fee applies). You agree to return all loan CPAP equipment within 1 week of being notified that your repaired CPAP is ready for collection, or that you have reached the maximum 8 weeks of loan period under your Plan (Return Notification). You will be responsible to either return loan equipment in person or have it posted back to us. If we do not receive your loan equipment within a week of the Return Notification, you will be responsible for rental fees being charged in accordance to the standard rental agreement. If we do not receive your loan equipment back from you within 6 weeks of the Return Notification, we may charge you a replacement fee of $750.00 instead of requiring the return of the loan equipment.

MEDICARE ELIGIBILITY AND CRITERIA

Specialist reviews and home sleep studies contained within the Plan can only be provided if they are bulk billed and you need to hold a valid Medicare card, and otherwise meet all applicable Medicare rules and criteria that apply to the relevant services from time to time, including but not limited to referral criteria and clinical criteria. You consent to us conducting Medicare eligibility check on your behalf via phone, email, the PRODA platform or any other systems Medicare and/or the Department of Health have enabled. You acknowledge that Medicare may change these rules at any time without notice, and may withdraw or substantially reduce the rebate that may apply to any service or item numbers. If Medicare changes its rules such that Specialist reviews (including its provision via telehealth) and home sleep studies contemplated by the Plan are no longer available, or in The CPAP Clinic's reasonable opinion no longer viable, to be bulk billed, The CPAP Clinic will in its discretion provide you with suitable equivalent services or products, or a credit voucher for use at The CPAP Clinic.

This does not apply where you are not eligible for a bulk billed Specialist review and/or home sleep study due to your personal circumstances.

FAIR USAGE

The CPAP Clinic reserves the right to deny a Plan holder access to services and benefits under the Plan if that person acts inappropriately (including abusive, offensive behaviour or remarks) to any doctor, employee or contractor of The CPAP Clinic or its Partners, or fails to provide accurate and complete information required for us to administer the Plan (including information required for determining Medicare eligibility). In the event of excessive, inappropriate or abusive use of services and benefits under the Plan, The CPAP Clinic reserves the right to terminate the Plan without refund.

THIRD PARTY PARTNERS AND CONTRACTORS

You may purchase the Plan directly with The CPAP Clinic, or via a participating Partner that is listed on our website from time to time. Various service components under the Plan will also be administered by a Partner listed on our website or another Partner which is a contracted third party. In order to allow for services to be provided seamlessly under the Plan, to check that you are satisfied with the level of service received, for analytical purposes and to assist the relevant Partners in improving their products, services and processes, you agree that we may share with relevant Partners information you have provided, and results/records obtained during the Plan Period. In relation to information being used for marketing purposes by us or one of our Partners, you can change your preference at any time by following any unsubscribe instructions on any communications sent to you, or by contact us or the relevant Partner directly.

CHANGES TO TERMS

We may revise these terms and/or our Privacy Policy from time to time. You can also access our latest terms and Privacy Policy from our website. Your continued use of the Plan will be deemed acceptance of such revised terms and/or our Privacy Policy.

PERSONAL INFORMATION AND VERIFICATION

As aspects of the goods and services listed under this Plan will be provided by Centurion, you agree to the Privacy Policies of both The CPAP Clinic and Centurion.

Our respective Privacy Policies can be found at https://www.thecpapclinic.com.au/privacy-policy and https://www.centurionhealthcare.com.au/privacy-policy.html. We will only use your personal information in accordance with the Policies and the Privacy Act 1988. If your personal information (including e-mail and address) changes, please update us as soon as possible by emailing us at info@thecpapclinic.com.au as we will be delivering the products to the address you provided. We may charge you a fee for re-delivery fee if the address is incorrect.

At the time of purchase or at any time during the Plan Period, we may ask you to go through an identity verification process with an acceptable identification documents including passport, drivers licence and Medicare card.

You may not transfer or assign any of your rights or obligations under these terms.

KEEPING YOU UPDATED

When you agree to the Plan, you authorise The CPAP Clinic, Centurion, their related bodies corporate (as defined by the Corporations Act 2001 (Cth), agents and contractors to use your personal information for marketing, planning and product development purposes and to receive updates on the latest news and promotional offers on CPAP therapy. You can opt out from marketing communication at any time by emailing us at info@thecpapclinic.com.au or by clicking the unsubscribe button in any email we send to you.

WARRANTY AND AUSTRALIAN CONSUMER GUARANTEES

All products provided under the Plan come with guarantees that cannot be excluded under Australian consumer law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the products repaired or replaced if the products fail to be acceptable quality and the failure does not amount to a major failure. Most products also come with a limited manufacturer's warranty. Information on the limited warranty is provided with the products.

RISK AND TITLE

Risk of any loss or damage to CPAP Accessories and title to those products will pass to you when you take physical possession of those products.

PRODUCTS

The term "product" where appearing in these terms means all goods and services provided under the Plan.

STANDARD TERMS & CONDITIONS

For Standard Terms & Conditions that apply to all products see www.thecpapclinic.com.au.

GOVERNING LAW

These terms are governed by the laws of New South Wales, Australia and New South Wales is the exclusive court jurisdiction for all disputes and claims.

The CPAP Clinic Pty Ltd ABN 17 625 481 432

Suite 103, 6 Eden Park Drive
Macquarie Park, NSW 2113 Australia