Terms and Conditions
1.1 The website at [dsmilecare.com.au] (Website) is owned and operated by DSmile Care Limited (ACN 642 846 580) (‘Dsmile Care’, ‘we’, ‘us’, or ‘our’).
1.2 These terms and conditions form a contract between you and us and apply to:
- (a) your use of this Website; and
- (b) any services you request and which are made available through our Website from time to time (Services).
1.3 You acknowledge that the Services involve a complementary consultation service for the provision of dental support and advice. DSmile Care may connect you with partner dental practices for further review and treatment, at which point fees may apply. DSmile Care takes no responsibility for the treatment or dental care provided by any partner dental practices to which you are referred.
1.4 In using this Website, you (‘you’, ‘your’, or ‘user’) agree to be bound by these terms and conditions. If you do not accept these terms and conditions or any part of these terms and conditions, you must not use the Website. You accept these terms and conditions by remaining on the Website. You may also accept the terms and conditions by clicking ‘I accept’ where this option is made available to you by Dsmile Care in the Website user interface.
2.1 You must be at least 18 years of age to use our Website. By using our Website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.2 The Services are only available to users located within Australia. Any request submitted from outside of Australia will be cancelled.
2.3 Any request for consultation submitted from outside of Australia or persons under the age off 18 will be cancelled.
3. Amendments to terms and conditions
We reserve the right to amend these terms and conditions from time to time at our discretion and without notice. The date of posting the amended terms and conditions on the Website will be the date that the new terms and conditions come into effect and apply to you. Your continued use of the Website and Services after posting of the amended terms and conditions will indicate your acceptance of the amended terms.
4.1 Criteria for Service
We may refuse to provide a Service to you if:
- (a) you do not meet our criteria for use of the Service due to the nature of your request or the dental history you provide to us; or
- (b) you do not complete any questionnaire correctly or provide the necessary information, or otherwise satisfy our Service requirements.
4.2 Modification to the Services
We may modify or discontinue our Services at any time with or without notice to you and without any liability to you.
4.3 Acceptable Use
- (a) You understand and agree that the accuracy of any Services we provide is contingent upon you providing accurate, up to date and complete information and photographs and/or appropriate video content outlining your dental needs.
- (b) You must ensure that all the information you supply to us through our Website is true, accurate, current, complete and not misleading.
4.4 Your Content
- (a) Any content (including all photos, images, video material, audio material, audio visual material, software and files) that you provide to us or upload via our Website to allow you to access and use our Services (Content) is your responsibility. You must make sure that you have the necessary rights to provide the Content to us.
- (b) By providing us with Content you are also granting to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, and distribute the Content.
- (c) Your represent and warrant that the Content will comply with these terms and conditions and must not be illegal, unlawful or infringe a person’s legal rights. We do not endorse or approve and are not responsible for any Content.
5. Websites owned by third parties
The Website may contain links to other websites (Linked Websites) that may be owned by third parties. Those links are provided for convenience only and may not remain current or be maintained. You accept that Dsmile Care:
- (a) has no control over, and is not responsible for, any material contained on any third party website;
- (b) are not responsible for the content or privacy practices associated with Linked Websites; and
- (c) you may be required to comply with all requirements of any third party of the conditions of use of that third party’s website.
5.2 Our links to Linked Websites should not be considered as an endorsement, approval or recommendation by us of the owner or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Website, unless and to the extent stipulated to the contrary.
6. Links to Website
You acknowledge and agree that you are prohibited from placing a link on an external website to the Website without our prior written consent.
7.1 By accessing this Website, Dsmile Care grants you a licence to view and download material in the Website for personal use only (Licence). You must not use the Website, or the materials accessible on the Website for any other purpose.
7.2 In granting this Licence, you acknowledge and agree to not copying or translating material on this Website for commercial use, reproducing, adapting, varying or modifying any material in the Website without our express written consent.
7.3 This Licence does not extend to third party websites.
7.4 You must not:
- (a) republish material from our Website (including republication on another website);
- (b) sell, rent or sub-licence material from our Website;
- (c) show any material from our Website in public;
- (d) exploit material from our Website for a commercial purpose; or
- (e) redistribute material from our Website.
7.5 We reserve the right to restrict access to areas of our Website, or the whole Website at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.
8. Intellectual Property rights and ownership
8.1 Dsmile Care and third parties own any intellectual property in the material available on the Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews contained on the Website or in connection with the Services. You must not reproduce, copy, edit, publish, communicate, transmit or up-load the materials on the Website, without the written consent of the owners of that copyright.
8.2 The Dsmile Care brand and all associated trade marks, whether registered or unregistered, are and will at all times remain the property of Dsmile Care and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
8.3 Dsmile Care owns any intellectual property in any material resulting from the Service.
8.4 Except as expressly permitted by these terms and conditions, you undertake not to copy, publish or reproduce in whole or in part the Dsmile Care Intellectual Property without our express written consent. You must not reproduce, copy, modify, publish, communicate any materials provided to you as a result of the provision of a Service (including the results of any Service) without the written consent of the owners of that copyright. Property in the results of any Service provided by us to you (including, without limitation, any document, device, article or medium in which the results of that Service is embodied, vests in Dsmile Care and/or its related bodies corporate and contractors.
8.5 Where Dsmile Care has permission to use the trade mark of a third party in our Website, these trade marks must not be copied for any purpose and Dsmile Care is unable to provide permission for you to use those third party trade marks under any circumstances.
9. Consumer Guarantees
9.1 Certain legislation including the Australia Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), may confer you with rights, warranties, guarantees and remedies relation to the provision of our Services which cannot be excluded, restricted or modified (Statutory Rights).
9.2 Nothing in these terms and conditions exclude your Statutory Rights as a consumer under the ACL.
10. Warranties, disclaimers and indemnity
10.1 To the extent permitted by law, we make no representation or warranties about:
- (a) the material in the Website, or Linked Websites is accurate, complete, up to date or suitable for any particular purpose; or
- (b) that the Website or any Service will remain available;
- (c) access to the Website or any Services will be uninterrupted, error-free and free from viruses or other harmful components; and
- (d) our Website and Services are secure.
10.2 You read, use and act on our Website and Services at your own risk.
10.3 We reserve the right to change, add or remove any material in, or from the Website or Services, without notice. You understand that you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website or Service.
11. Limitation of Liability
11.1 To the extent permitted by law, Dsmile Care's maximum liability arising under any condition or warranty that cannot be legally excluded is limited exclusively, at Dsmile Care's option, to providing those goods or Services again or paying the cost of having those goods or Services provided again.
11.2 We take not responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy.
11.3 You acknowledge and agree that:
- (a) DSmile Care does not accept responsibility for any loss or damage, howsoever caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Website of any Linked Website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessing through the Website.
- (b) any condition, warranty, right or liability, which would otherwise be implied in these terms and conditions or protected by law is excluded; and
- (c) to the extent permitted by law, all implied terms are excluded and Dsmile Care does not accept liability to you in respect of any direct, special, indirect or consequential damages, losses, expenses or costs which may be suffered or incurred by you ow which may arise directly or indirectly in respect of goods or services supplied pursuant to or in any way connected with the Website, arising out of a breach of these terms and conditions, or any error, omission or misrepresentation on our part to comply with our obligations as set out in these terms and conditions.
11.4 To the extent permitted by law, Dsmile Care will have no liability, and you release and discharge us from all liability arising in connection with any:
- (a) event or circumstances beyond our reasonable control;
- (b) acts or omissions of you;
- (c) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Website or Services, or any consequences whatsoever that flow from the unavailability of the Website;
- (d) use of the Website and/or Services;
- (e) interaction you have with any users whether in person, over the telephone or online;
- (f) any injury or loss to any person;
- (g) content which is incorrect, incomplete or out-of-date; or
- (h) breach of these Terms or any law.
12. Security of information
12.2 You acknowledge sole responsibility for and assume all risk arising from your use of the Website.
13. Electronic Communication
You acknowledge and agree that, to the fullest extent permitted by applicable law, agreements, notices or other communications regarding your use of the Website or the Service (Communications), may be provided to you electronically. Electronic Communications may be posted on pages within the Website and/or delivered to your nominated e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in ‘writing’, and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Dsmile Care reserves the right but assumes no obligation to provide Communications in paper format.
14. Anti-spam notice
Publication of any electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by Dsmile Care or the relevant addressees (as appropriate) to the receipt of unsolicited electronic messages.
16. Governing Law
16.1 These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia.
16.2 Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.
17. Discontinuance of Website
Dsmile Care may terminate these terms and conditions and the Website at any time with or without notice to you and without any liability to you.
18.1 Headings are inserted for convenience only and do not affect the interpretation of these terms and conditions.
18.2 The singular includes the plural and vice versa.
If for any reason a court of competent jurisdiction finds any provision or portion of the terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect.
Any waiver of any provision of these terms and conditions by Dsmile Care will be effective only if in writing and signed by Dsmile Care.
21. Entire Agreement
Except where you have entered into a subsequent agreement with us for dental services, these terms and conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.