NEW PATIENT GROWTH GRANT
TERMS OF USE
physiotherapy.marketing
Last updated: 29 July 2026

1. Grant at a Glance
Grantor Communication Strategies Pty Ltd (ABN 58 645 999 882)
Grant Name The New Patient Growth Grant
Grant Value $33,950 (see clause 4 for component breakdown)
Grant Type Professional services — fully managed, no cash component
Grant Period 12 months from the Commencement Date, being the date the Grant Services Agreement is executed by both parties (see clauses 2 and 8.2). The Grant Period is not calculated from the date advertising commences
Eligible Applicants Australian-registered health clinics (see clause 3)
Minimum Ad Spend Required
$1,500 per calendar month, pro-rated for the month in which advertising commences and for the month in which the Grant Period ends (approximately $18,000 over a full Grant Period). Paid by the Recipient directly to the advertising platform operators — not to the Grantor (see clause 10)
Number of Recipients One (1) recipient per grant round
Application Period Opens 1 August 2026; closes 11:59 pm AWST on 22 August 2026
Governing Law Western Australia, AustraliaThe Grant is a private promotional programme funded and operated by Communication Strategies Pty Ltd, a commercial marketing agency. It is not a government grant, charitable grant, or scholarship. The Grantor operates the Grant in part to promote its own services to the Australian health clinic sector.
Applicants who are not selected as the Recipient may be contacted by the Grantor and offered its services on ordinary commercial terms. An applicant is under no obligation to accept any such offer, and declining it does not affect the assessment of any future Application. Applicants may opt out of that contact at any time (see clause 12).2. Definitions
In these Terms and Conditions, the following words have the meanings given below:
Advertising Channels means the digital advertising platforms recommended by the Grantor from time to time for use in connection with the Grant Services, including Google Ads and any other platform specified by the Grantor.
Advertising Copy Approval means the Recipient’s written approval of the specific advertising material submitted to it by the Grantor for publication, including every advertisement headline and description in the form in which it will be published, the offer language, and the destination page. A reply by email is sufficient. A verbal indication of approval, or the absence of a reply, is not an Advertising Copy Approval.
Application means a completed submission by an Eligible Applicant via the Grant application form on the Grantor’s website.
Application Period means the period commencing on the Opening Date and closing at 11:59 pm AWST on the Closing Date.
AWST means Australian Western Standard Time (UTC+8).
Business Day means a day other than a Saturday, Sunday, or public holiday in Western Australia.
Campaign means the Quick Start Campaign or the Optimised Campaign, and Campaigns means both of them.
Campaign Launch Date means the date on which the Quick Start Campaign is first published on the Advertising Channels through the Managed Ad Account. The Grantor will confirm the Campaign Launch Date to the Recipient in writing.
Clinic means the health clinic identified in the Application.
Closing Date means the date published on the Grant application page, as may be amended by the Grantor in accordance with clause 11.
Commencement Date means the date on which the Grant Services Agreement is executed by both parties, unless the Grantor and the Recipient agree a different date in writing.
Decision Record means the written record made by the Grantor of the assessment and selection decision for each grant round, described in clause 6.
Eligible Applicant means a person or entity that satisfies all eligibility requirements in clause 3.
Grant means the New Patient Growth Grant described in clause 4, awarded by the Grantor to the Recipient.
Grant Period means the 12-month period commencing on the Commencement Date.
Grant Services means the professional services comprising the Grant, as itemised in clause 4.
Grant Services Agreement means the service agreement the Recipient is required to execute under clause 7 as a condition of delivery of the Grant Services.
Grantor means Communication Strategies Pty Ltd (ABN 58 645 999 882).
Grant Transfer Event means the selection as the Recipient of an applicant who is, at the date of selection, a client of the Grantor under a client services agreement.
Managed Ad Account means the advertising account created and operated by the Grantor within its advertising manager account to deliver the campaign management component of the Grant Services, as described in clause 10.3, and which may contain more than one Campaign for the Recipient at the same time. The Managed Ad Account is and remains the Grantor’s account and intellectual property.
Minimum Ad Spend means the minimum monthly advertising expenditure of $1,500 per calendar month (or such other amount as agreed in writing between the Grantor and the Recipient), pro-rated as provided in clause 10.4, that the Recipient must maintain on the Advertising Channels as a condition of the Grant.
Opening Date means the date on which the Application Period opens, as published on the Grant application page.
Optimised Campaign means the advertising campaign built by the Grantor for the Recipient from the findings of the audit components of the Grant Services, the two-part strategy session, and the performance data generated by the Quick Start Campaign.
Patient Information means personal information (as defined in the Privacy Act) about any patient or prospective patient of the Clinic, including names, contact details, contact lists, appointment records identifying individuals, and health information.
Privacy Act means the Privacy Act 1988 (Cth).
Privacy Policy means the Grantor’s privacy policy published on the Grantor’s website, as updated from time to time.
Quick Start Campaign means the advertising campaign assembled by the Grantor from the Standing Campaign Library, filtered and personalised for the Clinic, and operated by the Grantor in the Managed Ad Account from the Campaign Launch Date.
Recipient means the Eligible Applicant selected by the Grantor to receive the Grant.
Selection Criteria means the criteria set out in clause 6 against which Applications are assessed.
Standing Campaign Library means the Grantor’s proprietary library of campaign structures, keyword tiers, negative-keyword lists, bid strategies and advertisement angles developed by the Grantor across its engagements, from which the Quick Start Campaign is assembled.3. Eligibility
To be eligible to apply for the Grant, an applicant must, as at the Closing Date:
● operate a health clinic that is registered and lawfully operating in Australia;
● be the owner or principal operator of the Clinic, or be duly authorised in writing to apply on behalf of the Clinic;
● have a current Australian Business Number (ABN) or Australian Company Number (ACN);
● not be an employee, director, officer, contractor, or immediate family member of any employee or director of the Grantor;
● not be a competitor of the Grantor engaged in the provision of marketing, patient growth, or practice management services to health clinics;
● have the financial capacity to maintain the Minimum Ad Spend throughout the Grant Period (see clause 10); and
● agree to these Terms and Conditions by submitting an Application.
Current clients remain eligible. An applicant that is, or becomes, a client of the Grantor under a commercial services agreement remains eligible to apply for, and to be selected as, the Recipient. Entering into a commercial engagement with the Grantor neither satisfies nor affects any eligibility requirement in this clause, and a current client of the Grantor is not for that reason a competitor of the Grantor within the meaning of the exclusion above.
The Grantor may require an applicant to provide documentary evidence of eligibility. An Application that does not satisfy all eligibility requirements will be disqualified4. Grant Components and Value
The Grant comprises the following professional services, delivered to one Recipient at no cost during the Grant Period. The stated value of each component reflects the Grantor’s standard commercial rates as at the date of publication of these Terms and Conditions. The total Grant value is $33,950. The Minimum Ad Spend, which the Recipient pays directly to the Advertising Channel operators, is not included in the Grant value and is not payable to the Grantor.
# Grant Component Value (AUD)
1 New Patient Campaign Management — 12 months of campaign management from the Commencement Date, delivered as two campaigns operated concurrently (clause 8.5): the Quick Start Campaign, assembled from the Grantor’s Standing Campaign Library and targeted for publication on the third day after the Commencement Date; and the Optimised Campaign, built from the audit components, the strategy sessions and the Quick Start Campaign’s performance data and published in parallel. Includes monthly optimisation and monthly performance reporting $14,400
2 Onboarding and Account Setup — including creation and configuration of the Managed Ad Account; creation and verification of conversion actions inside that account; and installation, configuration and verification of analytics and conversion tracking on the Clinic’s website, performed with the Recipient’s assistance and delegated access $1,000
3 New Patient Growth Strategy Session (two parts: discovery, then findings and strategy) $1,500
4 Patient Value Maximisation Audit $1,250
5 Patient Conversion Maximisation Audit $1,500
6 Landing Page and Conversion Audit $1,500
7 Patient Booking Funnel Review $1,000
8 Competitor Landscape Analysis $750
9 Patient Acquisition Offer Design $1,500
10 Google Business Profile Optimisation $1,250
11 Google Maps Local Search Strategy $1,000
12 Google Review Growth Strategy $750
13 Patient Reactivation Campaign (delivered as a system the Recipient operates on its own patient data — see the note below) $1,000
14 Referral Partner Outreach System $750
15 New Patient Tracking Dashboard $2,400
16 Quarterly Business Performance Reviews (three reviews) $2,400
Total Grant Value $33,950The two-campaign model. Component 1 is delivered as two campaigns operated at the same time. The Optimised Campaign does not replace the Quick Start Campaign; both run, targeting different keyword sets. Publication of either Campaign is a milestone within component 1 and is not a separately valued component. Clauses 8.3 to 8.5 govern how and when each Campaign is published.The 12-month clock. The Grant Period, and the 12-month campaign management period in component 1, run from the Commencement Date. They are not calculated from the Campaign Launch Date. Advertising is published during, and not in addition to, the Grant Period.Monthly reporting. Monthly campaign performance reporting and optimisation are delivered as part of component 1. The three Quarterly Business Performance Reviews (component 16) are separate strategic reviews delivered in addition to that monthly reporting.Patient data. Components 12, 13 and 14 are delivered as templates, sequences and systems that the Recipient operates on its own data. The Grantor does not collect, receive, or process Patient Information in delivering any Grant Service (clause 9). See also the Privacy Policy.The Grant has no cash value and is not transferable. No component of the Grant may be exchanged, assigned, or redeemed for cash or any alternative service.5. Application Process
To apply for the Grant, an applicant must:
● complete all fields of the Application form on the Grantor’s website during the Application Period;
● answer all Application questions accurately and in good faith;
● submit the Application before 11:59 pm AWST on the Closing Date; and
● agree to these Terms and Conditions, including the Minimum Ad Spend obligation in clause 10, by submitting the Application.
Incomplete Applications, Applications containing false or misleading information, and Applications submitted outside the Application Period will not be considered. The Grantor accepts no responsibility for Applications not received due to technical failure, internet connectivity issues, or other circumstances outside the Grantor’s control.Each Clinic may submit only one Application per grant round. Multiple Applications from the same Clinic will result in all Applications from that Clinic being disqualified.
Information provided in an Application is used to deliver the Grant Services if the applicant is selected. The Grantor retains the information submitted with an Application and, if the applicant becomes the Recipient, uses it to begin delivery without requiring the Recipient to complete a second questionnaire covering the same information. The Recipient will be asked to confirm or correct that information at the start of the Grant Period. Clause 12 sets out how personal information is handled.6. Selection
The Recipient is selected by the Grantor on the basis of merit alone, by assessment of each Application against the following Selection Criteria:
● the Clinic’s demonstrated need and readiness to benefit from the Grant Services;
● the quality, clarity, and specificity of the Application responses;
● the Clinic’s current patient acquisition position and identified obstacles to growth;
● the potential impact of the Grant Services on the Clinic and its patients; and
● the overall fit between the Clinic’s profile and the Grant Services offered.How Applications are assessed. Each Application is scored against each Selection Criterion using the Grantor’s documented scoring rubric, and the criteria are weighted. An Application must reach a minimum merit threshold to be eligible for selection. Where two or more Applications score equally, the tie is resolved by reference to the most heavily weighted Selection Criterion and then, if still equal, by successive reference to the remaining criteria in descending order of weighting.There is no element of chance at any stage of the selection process, including in the resolution of any tie. The Grant is not a lottery, competition of chance, or game of chance, and no random or arbitrary method is used to select the Recipient or to break a tie.Payment neutrality. Whether an applicant has entered into a commercial engagement with the Grantor, or has paid the Grantor any amount, has no bearing on the assessment of that applicant’s Application. Selection is determined solely against the Selection Criteria in this clause. An applicant who is a current client of the Grantor is neither advantaged nor disadvantaged in the selection process by reason of that engagement. The Decision Record made for each grant round records that payment status was not a selection factor and that the Recipient was chosen on the documented scoring of the Selection Criteria alone.The Grantor makes a written Decision Record for each grant round recording the scores awarded against each Selection Criterion, the comparative assessment, the reasons for the decision, the decision-maker and the date.The Grantor’s selection decision is final. All applicants who are eligible and whose Applications are assessed will be contacted regarding the outcome of their Application within five (5) Business Days of the Closing Date. For the avoidance of doubt, contact within this timeframe does not constitute selection as the Recipient.The Grantor may decline to award the Grant in any round if no Application reaches the minimum merit threshold.

7. Notification and Acceptance
The Recipient will be notified in writing by the Grantor following the selection decision. To accept the Grant, the Recipient must:
● confirm acceptance in writing within five (5) Business Days of the notification date;
● execute the Grant Services Agreement, which governs how the Grant Services are delivered and includes the Minimum Ad Spend commitment under clause 10, the launch gates in clause 8.3, and the Recipient’s obligations under clause 9;
● confirm in writing their acknowledgement of and agreement to the Minimum Ad Spend obligation; and
● provide any additional information reasonably required by the Grantor to commence delivery of the Grant Services.If the Recipient does not accept the Grant within the required timeframe, or fails to satisfy any condition of acceptance, the Grantor may withdraw the Grant offer or select the next-ranked Application assessed under clause 6 as the Recipient.Recipients who are already clients. If the Recipient is, at the date of notification, a client of the Grantor under a client services agreement, that agreement is superseded and the Recipient transfers onto these Terms and Conditions and the Grant Services Agreement, in accordance with the transition provision in the Grant Services Agreement (clause 14A of that agreement) and clause 12A of the client services agreement. On a Grant Transfer Event, the fees the Recipient has paid to the Grantor are refunded as provided in that clause 12A, the Recipient is not charged again for services already delivered, and the Recipient receives, in total, the full 12-month campaign management period of the Grant.8. Delivery of Grant Services8.1 Delivery generally
Subject to acceptance under clause 7 and the Recipient’s ongoing compliance with the Minimum Ad Spend obligation in clause 10, the Grantor will deliver the Grant Services over the Grant Period substantially in accordance with the scope set out in clause 4, with due care and skill.8.2 The Grant Services Agreement and the Commencement Date
Delivery of the Grant Services is governed by the Grant Services Agreement. The Commencement Date is the date that agreement is executed by both parties, and every period in these Terms and Conditions and in that agreement is counted from that date. The Grant Services Agreement contains an indicative delivery timetable structured as an 18-day onboarding sprint followed by 12 months of campaign management and quarterly reviews. The days in that timetable are indicative targets, not contractual deadlines, and are extended by any period during which the Recipient has not satisfied a dependency it is responsible for.8.3 When advertising is published — launch gates
Each Campaign is published only when the gates applicable to it are satisfied. Both gates for the Quick Start Campaign depend on the Recipient:
(a) Quick Start Campaign. The Grantor will not publish the Quick Start Campaign until both: (i) the Recipient has given Advertising Copy Approval for that Campaign; and (ii) the Grantor has confirmed, in the billing configuration of the Managed Ad Account itself, that a valid payment method of the Recipient is attached and active. No other matter delays publication. In particular, completion of onboarding, installation of analytics and website conversion tracking, delegated access to the Recipient’s own accounts, and the strategy sessions do not delay publication of the Quick Start Campaign.
(b) Optimised Campaign. The Grantor will not publish the Optimised Campaign until both: (i) the Recipient has confirmed the campaign strategy in writing following the second part of the strategy session; and (ii) the Recipient has given Advertising Copy Approval for that Campaign.
(c) Approvals are separate. A confirmation of strategy is not an Advertising Copy Approval, and an Advertising Copy Approval given for one Campaign does not extend to the other.
(d) The Grantor targets publication of the Quick Start Campaign on the third day after the Commencement Date. That target is subject to this clause 8.3, and the Grantor is not responsible for any delay caused by the absence of an approval or confirmation required by it.8.4 Nature of the Quick Start Campaign
The Quick Start Campaign is assembled from the Grantor’s Standing Campaign Library and personalised for the Clinic by filtering the library against the Clinic’s service list, setting geographic targeting to the Clinic’s catchment, and inserting the Clinic’s name, suburb and services into standing advertisement structures. It is not built from the strategy sessions or the audit components, which have not been delivered when it is published. The Optimised Campaign is the campaign built from those components. Both Campaigns are reviewed by the Grantor against the advertising requirements applying to regulated health services before being submitted for Advertising Copy Approval.8.5 Concurrent campaigns
(a) The Grantor may operate two or more Campaigns for the Recipient at the same time, targeting different keyword sets, and manages the allocation of keywords between them.
(b) The Grantor will operate the Quick Start Campaign for a minimum of 12 weeks from the Campaign Launch Date and will not pause or close it when the Optimised Campaign is published.
(c) After that minimum period, the Grantor may continue, modify, pause or close either Campaign having regard to performance data. No end date is fixed for either Campaign. Clause 8.6 applies to both.
(d) The operation of more than one Campaign does not increase the Minimum Ad Spend, which is an aggregate monthly figure across all Campaigns (clause 10.4(c)).8.6 Adjustments, cooperation and outcomes
The Grantor may, acting reasonably:
● adjust the timing, sequencing, or delivery method of any Grant Service component, provided the overall scope and value are maintained;
● substitute an equivalent service component where a listed component is not appropriate for the Recipient’s specific circumstances; and
● suspend delivery where the Recipient fails to cooperate reasonably with the delivery process, including failure to maintain the Minimum Ad Spend, after giving the Recipient written notice identifying what is outstanding and a reasonable opportunity to remedy it.The Recipient acknowledges that the effectiveness of the Grant Services depends in part on the Recipient’s active cooperation, including providing access to relevant accounts, information, and personnel as reasonably required, giving Advertising Copy Approval promptly, and maintaining the Minimum Ad Spend on the Advertising Channels as required by clause 10.The Grantor may record strategy sessions and review calls only with the Recipient’s prior consent, for the purpose of preparing the outputs of the Grant Services. Consent may be withdrawn at any time and is not a condition of delivery: if consent is not given, the session proceeds unrecorded and the Grant Services are delivered in full.The Grant Services are provided on a best-efforts basis. The Grantor does not warrant any specific outcome, including any particular level of new patient growth, as a result of the Grant Services.9. Recipient ObligationsBy accepting the Grant, the Recipient agrees to:
● cooperate fully with the Grantor’s reasonable requirements for delivery of the Grant Services;
● maintain the Minimum Ad Spend on the Advertising Channels throughout the Grant Period in accordance with clause 10, and attach and maintain a valid payment method on the Managed Ad Account;
● provide accurate information and timely access to platforms, accounts, and materials as reasonably required, and confirm or correct the information provided in its Application within two (2) Business Days of being asked to do so;
● review and approve all advertising material, offers, and patient-facing communications before publication or sending, and notify the Grantor promptly of any restriction applying to the advertising of the Clinic’s services. The Grantor will amend or withdraw any material the Recipient reasonably identifies as inconsistent with the Recipient’s professional obligations;
● remain responsible for its own professional and registration obligations at all times, including obligations under the Health Practitioner Regulation National Law and the guidelines for advertising a regulated health service made under it;
● not provide the Grantor with any Patient Information. Business information requested by the Grantor must be given in aggregate or de-identified form only. The Recipient is solely responsible for ensuring that any patient communication it sends using the outputs of the Grant Services complies with the Privacy Act, the Spam Act 2003 (Cth), and its professional obligations;
● not engage another provider to manage paid search advertising for the Clinic on the Advertising Channels during the Grant Period without the Grantor’s prior written consent, which will not be unreasonably withheld. This restriction is limited to paid search advertising management and does not restrict the Recipient’s other marketing activity or its engagement of any other provider for any other service;
● permit the Grantor to reference the Recipient’s participation in the Grant for marketing and promotional purposes, limited to the Clinic’s name, suburb, and specialty, unless the Recipient notifies the Grantor in writing at the time of acceptance that it objects. The Recipient may withdraw this permission at any time on reasonable written notice, except in respect of materials already published; and
● provide honest feedback on the Grant Services when reasonably requested by the Grantor.10. Minimum Advertising Spend10.1 Condition of Grant
The Recipient’s access to, and the Grantor’s obligation to deliver, the Grant Services is conditional on the Recipient maintaining the Minimum Ad Spend on the Advertising Channels throughout the Grant Period. The Minimum Ad Spend is a condition precedent to the commencement of advertising and a continuing condition of delivery throughout the Grant Period.10.2 Nature of the Minimum Ad Spend
The Minimum Ad Spend is payable by the Recipient directly to the relevant Advertising Channel operator (such as Google). It is not payable to the Grantor, does not form part of the Grant value, and does not constitute consideration paid to the Grantor for the Grant Services. The Grantor does not receive any commission, rebate, or other payment from any Advertising Channel operator calculated by reference to the Recipient’s advertising expenditure.10.3 Advertising Account Structure
The following applies to the advertising account used to deliver the campaign management component of the Grant Services:
(a) To deliver the campaign management component of the Grant Services, the Grantor creates and operates a dedicated advertising account (the Managed Ad Account), established within and under the Grantor’s advertising manager account. The Managed Ad Account is used solely to run the Recipient’s Campaigns, may contain more than one Campaign at the same time, and is kept separate from the accounts of the Grantor’s other clients by the Advertising Channel’s own account controls.
(b) Billing for the Managed Ad Account is configured against the Recipient’s own payment method. The Advertising Channel operator charges the Minimum Ad Spend and all other advertising costs directly to the Recipient. Consistent with clause 10.2, the Grantor does not pay, receive, hold, or process the Recipient’s advertising funds, and the Grantor’s operation of the Managed Ad Account does not make the Grantor liable for those costs.
(c) The Managed Ad Account is built, structured, and operated solely by the Grantor’s qualified personnel. Its management requires specialist expertise, and the Recipient is not granted operational or administrative access to it. This does not affect clause 10.3(b): the payment method attached to the Managed Ad Account remains the Recipient’s own and under the Recipient’s control, and the Advertising Channel operator continues to charge advertising costs directly to the Recipient.
(d) The Managed Ad Account — including its structure, configuration, campaign builds, keyword and negative-keyword frameworks, advertising creative, bidding strategies, the Standing Campaign Library from which the Quick Start Campaign is assembled, and the methodologies and know-how embodied in it — is created using the Grantor’s proprietary systems and remains at all times the property, confidential information, and intellectual property of the Grantor. The Managed Ad Account is the means by which the Grantor delivers the campaign management component of the Grant Services; it is not a Grant Service component that transfers to the Recipient, and no title, licence, or continuing right in it passes to the Recipient. On expiry of the Grant Period, or on earlier termination or withdrawal, the Grantor’s obligation to run Campaigns in the Managed Ad Account ceases and the Grantor retains the Managed Ad Account; the Recipient is not entitled to be assigned or transferred, or to retain access to, the Managed Ad Account. The Recipient will, on written request made within thirty (30) days after the end of the Grant Period, be provided with a report of the performance and conversion data attributable to its own Campaigns during the Grant Period (such as advertising spend, leads generated, cost per acquisition, and booking outcomes), for the Recipient’s own records. For clarity, this clause applies to the Managed Ad Account only; the Recipient’s own Google Business Profile, website analytics, Search Console and other accounts remain the Recipient’s, and the Grantor relinquishes its delegated access to them at the end of the Grant Period.10.4 Amount, channels and partial months
(a) The Minimum Ad Spend is $1,500 per calendar month.
(b) No Minimum Ad Spend obligation arises in respect of any period before the Campaign Launch Date. For the calendar month in which the Campaign Launch Date falls, and for the calendar month in which the Grant Period ends, the Minimum Ad Spend is pro-rated on a daily basis by reference to the number of days in that month from (and including) the Campaign Launch Date, or to (and including) the last day of the Grant Period, as applicable.
(c) The Minimum Ad Spend is the minimum aggregate advertising expenditure across all Campaigns operated for the Recipient in the relevant month. It is not a figure applying separately to each Campaign.
(d) Over a full Grant Period the Minimum Ad Spend totals approximately $18,000. The exact total depends on the Campaign Launch Date and on the number of days in the calendar months falling within the Grant Period.
(e) The Grantor will specify the Advertising Channels on which the Minimum Ad Spend must be maintained, which may include Google Ads and other platforms, and may update those channels from time to time on reasonable notice to the Recipient where a change is warranted by campaign performance or platform availability.10.5 Verification
The Recipient must provide the Grantor with access to relevant advertising account dashboards or other reasonable evidence confirming that the Minimum Ad Spend is being maintained. The Grantor may request verification at any time during the Grant Period.

10.6 Consequences of breach
If the Recipient fails to maintain the Minimum Ad Spend in any calendar month (as pro-rated under clause 10.4(b) where applicable), the Grantor may:
● suspend delivery of the Grant Services for the period of non-compliance, having notified the Recipient of the suspension, and without any obligation to make up or extend delivery for the period of suspension;
● give the Recipient written notice requiring the Minimum Ad Spend to be reinstated within five (5) Business Days; and
● if non-compliance continues for more than 14 consecutive days following that written notice, terminate the Grant with immediate effect.
On termination under this clause, the Grantor’s obligation to deliver the remaining Grant Services ceases. Because the Grant Services are provided at no cost and the Recipient pays no consideration to the Grantor, the Recipient is not entitled to any compensation, refund, or alternative service in respect of Grant Services not delivered as a consequence of termination under this clause. The Recipient’s right to request the performance data report under clause 10.3(d) is unaffected.10.7 Acknowledgement
The Recipient acknowledges that: (a) the Minimum Ad Spend is essential to the effective delivery of the Grant Services and to achieving new patient growth outcomes; (b) the Grantor’s service commitments are calibrated on the basis that advertising spend on the Advertising Channels is maintained at or above the minimum level; and (c) the Grantor makes no warranty as to outcomes where the Minimum Ad Spend is not maintained.10.8 Recipient withdrawal
The Recipient may withdraw from the Grant at any time, for any reason, by giving the Grantor thirty (30) days’ written notice. On expiry of the notice period: (a) the Grantor’s obligation to deliver the remaining Grant Services ceases; (b) the Recipient’s obligation to maintain the Minimum Ad Spend ceases; (c) the Managed Ad Account is dealt with in accordance with clause 10.3(d), including the Recipient’s right to request the performance data report; and (d) neither party has any claim against the other in respect of Grant Services not delivered, except in respect of rights accrued before the withdrawal takes effect. No fee, charge, or exit amount is payable by the Recipient on withdrawal.11. Modifications and Cancellation
The Grantor may:
● extend or vary the Application Period by publishing notice on the Grant application page;
● amend these Terms and Conditions at any time prior to the Closing Date, with any amendment published on the Grant application page, provided that an amendment made after Applications have opened must not materially disadvantage an Application already submitted; where it would, the Grantor will notify the affected applicant and give them an opportunity to amend or withdraw their Application;
● cancel or suspend the Grant at any time prior to notification of the Recipient, where circumstances outside the Grantor’s reasonable control make it impractical to proceed; and
● discontinue delivery of the Grant Services if the Recipient materially breaches any obligation under these Terms and Conditions or the Grant Services Agreement (including the obligation in clause 10), having given the Recipient written notice identifying the breach and a reasonable opportunity of at least fourteen (14) days to remedy it, where clause 10.6 does not otherwise apply.These Terms and Conditions cannot be varied unilaterally in a way that affects the Recipient after the Commencement Date. Once the Grant Services Agreement is executed, any variation of the Recipient’s obligations requires the written agreement of both parties.The Grantor will not be liable for any loss, cost, or damage arising from any cancellation, suspension, or modification made in accordance with this clause.12. Privacy
What is collected and why. The Grantor collects the personal information submitted in Applications — typically the applicant’s name, position, business contact details, and information about the Clinic and its marketing — for the purposes of administering the Grant, assessing Applications against the Selection Criteria, notifying applicants of outcomes, delivering the Grant Services to the Recipient, and the related purposes described below. The Grantor handles all personal information in accordance with the Privacy Act and the Australian Privacy Principles.Use of Application information in delivery. If an applicant is selected as the Recipient, the information provided in the Application is used to begin delivery of the Grant Services, so that the Recipient is not asked to supply the same information a second time. The Recipient is asked to confirm or correct that information at the start of the Grant Period.Contact about the Grantor’s commercial services. The Grantor is a commercial marketing agency and operates the Grant in part to promote its services. The Grantor may contact an applicant who is not selected to discuss its services on ordinary commercial terms. An applicant may decline that contact at any time by notifying the Grantor, and doing so has no effect on any future Application.Marketing communications. The Grantor will only send marketing communications to an applicant where the applicant has consented to receive them. Consent to receive marketing is sought separately from, and is not a condition of, submitting an Application. Every commercial electronic message will identify the Grantor and include a functional unsubscribe facility, as required by the Spam Act 2003 (Cth).Disclosure. Personal information collected through the Application process is not disclosed to third parties except: as required by law; to the Grantor’s service providers and professional advisers, who are bound to protect it; as permitted under clause 9 (publicity, limited to the Clinic’s name, suburb, and specialty); or as necessary to administer the Grant and deliver the Grant Services.Patient information. The Grantor does not collect, receive, or process Patient Information in connection with the Grant. The Recipient must not provide it (clause 9). If Patient Information is received inadvertently, the Grantor will notify the Recipient and destroy or de-identify it where lawful and practicable.Retention, access, correction and complaints. Further detail about how the Grantor collects, uses, discloses, stores, and retains personal information, and about how to access or correct personal information and how to make a privacy complaint, is set out in the Privacy Policy on the Grantor’s website. Applicants may request access to or correction of their personal information by contacting the Grantor using the details in clause 16.By submitting an Application, applicants consent to the collection and use of their personal information as described in this clause and in the Privacy Policy.13. Limitation of Liability
Nothing in these Terms and Conditions excludes, restricts, or modifies any right, remedy, guarantee, warranty, or other term or condition implied or imposed by the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or by any other law, that cannot lawfully be excluded, restricted, or modified.Subject to the paragraph above, and to the maximum extent permitted by law:
● where the Grantor’s liability under a provision of the Australian Consumer Law can lawfully be limited, it is limited, at the Grantor’s option, to supplying the relevant Grant Service component again or paying the cost of having it supplied again;
● the Grantor’s liability to any applicant or Recipient in connection with the Grant is otherwise limited to the cost of re-supplying the relevant Grant Service component; and
● the Grantor excludes liability for indirect, consequential, special, or economic loss arising in connection with the Grant, including loss of revenue, loss of profit, and loss of opportunity.The Grantor is not liable for advertising costs charged to the Recipient by an Advertising Channel operator, which are charged directly to the Recipient under clause 10.3(b).14. Governing Law
These Terms and Conditions are governed by the laws of Western Australia, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia.15. General
Entire agreement. These Terms and Conditions, together with the Grant Services Agreement executed with the Recipient, constitute the entire agreement between the Grantor and the Recipient in relation to the Grant.Order of precedence. If there is any inconsistency between these Terms and Conditions and the Grant Services Agreement, these Terms and Conditions prevail in relation to the Grant, eligibility, selection, the Grant value, the Minimum Ad Spend, the Managed Ad Account, withdrawal, and termination, except that where a provision of the Grant Services Agreement reduces an obligation of the Recipient, that provision prevails.Severability. If any provision of these Terms and Conditions is or becomes invalid, unenforceable, or illegal, it will be severed and the remaining provisions will continue in full force.Waiver. A failure or delay by the Grantor to exercise any right under these Terms and Conditions does not constitute a waiver of that right.No agency or partnership. Nothing in these Terms and Conditions creates an agency, partnership, joint venture, or employment relationship between the Grantor and any applicant or Recipient.Force majeure. The Grantor will not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, pandemic, government action, or systems failure, provided the Grantor notifies the Recipient and uses reasonable endeavours to mitigate.16. Contact
Enquiries regarding the Grant or these Terms and Conditions should be directed to:
Communication Strategies Pty Ltd
375 Bagot Road, Subiaco WA 6008
Email: [email protected]
Telephone: +61 406 230 081