TERMS AND CONDITIONS

TERMS AND CONDITIONS (TERMS) 

1. General

1. The website at dsmile.com (Website) is owned and operated by Dentismile Australia Pty Ltd T/A Dsmile (ACN 629 174 474) (‘Dsmile, ‘we’, ‘us’, or ‘our’). 

2. By using the Website in any manner, you (‘you’ or ‘your’) agree to be bound by these Terms and agree that these Terms form a contract between us and you. 

3. These Terms relate to your use of the Website, any Services we provide to you and the sale and purchase of our Products.  

2. Services 

1. Dsmile may, at its absolute discretion, provide services (Services) including the provision of dental health care information on the Website and a free dental advisory service which you can access via live chat or telephone call through the Website.  Provision of any Service is always at the absolute discretion of Dsmile.  

2. Dsmile does not charge for its Services.  However, if DSmile connects you with a third party dental practice for further review and treatment, you may incur fees with that third party dental practice.

3. DSmile takes no responsibility for the treatment or dental care provided by any third party dental practice.

3. Your Information 

1. Any content (including all photos, images, video material, audio material, audio visual material, software and files) that you provide to us through the Website, or otherwise, (Content) is your responsibility. You must make sure that you have the necessary rights to provide the Content to us. 

2. You must ensure that all the information you supply to us through the Website, or otherwise, is true, accurate, current, complete and not misleading. 

3. The Content will be used by us to provide the Services and may be used for internal clinical study and/or internal clinical training by Dsmile. 

4. You understand and agree that the accuracy of any information or advice 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. 

4. Placing Orders for Products 

1. These Terms contain important information about the ordering, processing, payment and delivery of Products.  You can find further information on the Website. 

2. You will be bound by these Terms, including as amended from time to time, each time you submit an Order. 

3. By placing an Order on the Website, you are making an offer to enter into a contract to purchase the Product(s) in that Order on and subject to the Terms. Orders will be deemed received by Us at the time We send an order confirmation to your nominated e-mail address. It is your responsibility to ensure that the correct email address and contact details are entered with your Order.

4. Each Order you place will be a separate contract between You and Us.  

5. We will issue a tax invoice when the Products are ready for despatch. 

6. Your Order becomes a sale when your Order is dispatched, and We have issued a Tax Invoice by sending it to your nominated e-mail address. 

7. If you place consecutive or separate Orders, we may not be able to consolidate your Orders and a separate Delivery Fee, if applicable, may apply to each Order.  

8. We reserve the right to accept or reject any Order for any reason at any time. If We reject your Order we will notify you and you will receive a refund of any money paid. 

9. You acknowledge that all Products purchased under these Terms are for personal non-commercial use only and are not for re-sale. 

5. Availability of Products 

1. From time to time, some Products may be unavailable and we may not be able to fulfil all or part of your Order. 

2. We may withdraw or suspend from sale any Product displayed on the Website, either temporarily or permanently, at any time and without notice.  

3. We will not be liable to you for any loss you suffer if we cannot supply a Product and we will refund you the price paid for any Product we cannot supply.  

6. Price and payment 

1. When you place an Order, you agree to pay the Price and any applicable Delivery Fee. 

2. All Prices are in Australian Dollars and, if GST applies, inclusive of GST. Any fees and charges (including Delivery Fees) imposed by these Terms will also include GST where applicable. 

3. We reserve the right to change or alter Prices without notice to you. If you have already submitted an Order at a particular Price, We will honour that Price for that Order.  

4. Payment methods we accept from time to time are specified on the Website. We currently accept major credit cards including Visa and MasterCard. There is currently no surcharge for Visa or Mastercard transactions.  The name on any credit card used for payment must match the name on the Order.  

5. Dsmile will not dispatch Products until payment for the Order is cleared. If your payment cannot be processed, your Order will be rejected and you will be notified. If a credit card payment cannot be processed you should contact your card issuer to resolve the problem or use an alternative payment method in order to continue with your Order. 

6. In paying or attempting to pay for Products, you agree that you have not engaged in any fraudulent conduct or contravened any Law. 

7. Subscriptions

1. Dsmile may, at its discretion, allow customers to order Products on an ongoing/recurring basis by subscription. Subscriptions are currently quarterly, but this may change at Dsmile’s discretion. You must create a customer account to take advantage of this service. You may cancel or pause a subscription, in whole or in part, at any time, up to the shipment date. To cancel, suspend or pause a subscription log into your customer account at any time. Dsmile cannot guarantee that Products selected for recurring orders will always be available for supply. If Dsmile does not have sufficient stock to fill an order, you will be notified and given the option to wait for the product to be restocked, cancel that particular order, or cancel the Subscription. Where a product is discontinued you will be given the option to select a suitable replacement product or cancel the order. Shipping costs for recurring product deliveries will be determined in the same manner as for individual product deliveries. Dsmile reserves the right to cancel a subscription at any time and notify you via email.  

8. Delivery 

1. You will be notified of the Delivery Fee before you finalise and pay for your Order. 

2. Dispatch times may vary according to availability. Any representations made regarding delivery times are estimates only and may be affected by postal delays or force majeure for which We are not responsible.

3. The Delivery Agent may have terms and conditions with which you must comply such as requiring a signature on delivery and ensuring safe and proper access to the delivery address.  It is your responsibility to comply with any such terms and conditions.

4. Risk and title in the Products passes to you on delivery at the delivery address. 

5. We will not be liable to you for any loss you or any third party suffers as a result of, or in connection with, a delay or failure to process your Order or deliver Products. 

9. Returns 

1. Dsmile may, at its discretion, accept Product returns. Details of Dsmile’s returns policy from time to time are specified on the Website. 

10. Consumer Guarantees 

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). 

2. Nothing in these Terms excludes your statutory rights as a consumer under the ACL. 

11. Limitation of Liability 

1. We exclude to the fullest extent possible under Law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms. 

2. To the extent permitted by law, Dsmile's maximum liability arising under any condition or warranty that cannot be legally excluded is limited to providing the Services or Products again or paying the cost of having the Services or Products provided again. 

3. You represent and warrant to Us that We will not be liable for any expense or injury (including indirect loss such as loss of revenue, profits, anticipated savings, goodwill or business opportunity, injury to your reputation) in contract, tort, under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with these Terms.

4. You acknowledge and agree that: 

1. Dsmile 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 or 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 accessed through the Website; 

2. any condition, warranty, right or liability, which would otherwise be implied in these Terms or protected by law is excluded; and

3. to the extent permitted by law, all implied terms are excluded and Dsmile 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 or which may arise directly or indirectly in respect of Products supplied pursuant to or in any way connected with the Website, arising out of a breach of these Terms, or any error, omission or misrepresentation on our part to comply with our obligations as set out in these Terms.

5. To the extent permitted by law, Dsmile will have no liability, and you release and discharge us from all liability arising in connection with any: 

1. event or circumstances beyond our reasonable control;

2. acts or omissions of you; 

3. 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 any consequences whatsoever that flow from the unavailability of the Website; 

4. use of the Website; 

5. interaction you have with any users whether in person, over the telephone or online; 

6. any injury or loss to any person; 

7. content which is incorrect, incomplete or out-of-date; or 

8. breach of these Terms or any law. 

12. Warranties and disclaimers 

1. Information and statements included on the Website, including information relating to dental and health conditions, products and treatments, is for informational purposes only and is not intended to diagnose, treat, cure, or prevent any disease or dental or other health condition.

2. Information and statements included on the Website are not intended nor is it implied to be a substitute for professional dental advice. 

3. To the extent permitted by law, we make no representation or warranties that: 

1. the material in the Website, or Linked Websites is accurate, complete, up to date or suitable for any particular purpose; or

2. the Website or any Product will remain available; 

3. access to the Website will be uninterrupted, error-free, free from viruses or other harmful components or that the Website is secure. 

4. You read, use and act on our Website at your own risk. 

5. Nothing in these Terms excludes your statutory rights as a consumer under the ACL.

13. Intellectual Property rights and ownership

1. Dsmile and related third parties own all 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 or Products. 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. 

2. The Dsmile brand and all associated trade marks, whether registered or unregistered, are and will at all times remain the property of Dsmile and related third parties and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws. 

3. You must not: 

1. republish material from our Website (including publication on another website);

2. sell, rent or sub-licence material from our Website; 

3. show any material from our Website in public; 

4. exploit material from our Website for a commercial purpose; or 

5. redistribute material from our Website. 

4. You must not place a link to the Website on any other website without our prior written consent. 

14. Electronic Communications 

1. You acknowledge and agree that, to the fullest extent permitted by applicable law, agreements, notices or other communications regarding your use of the Website (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. 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.  

15. Security of information 

1. No data transmission over the Internet can be guaranteed as totally secure. Whilst we use reasonable endeavours to protect such information, we do not warrant and cannot ensure the security of information which you transmit to us via the Website or over the telephone. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in accordance with our Privacy Policy. 

2. You acknowledge sole responsibility for and assume all risk arising from your use of the Website. 

16. Your account obligations 

1. You agree to:

1. provide true, accurate, current and complete information about yourself as required when using the Website; and 

2. maintain and promptly update your information to keep it true, accurate, current and complete. 

2. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use by you of the Website.

3. You are responsible for maintaining the confidentiality of any account and password you create in connection with the Website and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.  

17. Privacy

1. Dsmile is committed to protecting your privacy. We undertake to comply with the terms of our Privacy Policy. By using this Website, you consent to the processing of your personal information as described in our Privacy Policy and warrant that all information provided by you is accurate.

18. General 

1. You must be at least 18 years of age to use our Website. By using our Website or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age. 

2. The Services are only available to users located within Australia. Any request for Services submitted from outside of Australia or by persons under the age of 18 will be cancelled. 

3. These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the Courts of Victoria, Australia.

4. Headings are used for convenience only and do not affect the interpretation of these Terms.

5. In these Terms, the singular includes the plural and vice versa. 

6. These Terms constitute the entire agreement between Us and You with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

7. We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect immediately when published on the Website.  

8. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms or affect the validity or enforceability of that provision in any other jurisdiction. 

9. Our failure or delay to exercise a power or right under these Terms does not constitute as a waiver of that power or right, and Our exercise of a power or right does not preclude its future exercise or the exercise of any power or right.

10. Dsmile may terminate these Terms and/or cease publishing the Website at any time with or without notice to you and without any liability to you. 

19. Definitions 

The following definitions apply to these Terms: 

Business Day means a week day in which trading banks are open for the transaction of banking business in Melbourne, Australia. 

Delivery Address means the address to which the Products are to be delivered, as stated on your Order. 

Delivery Agent means any third-party delivery or shipping company engaged by Us to deliver Products.

Delivery Fee means the applicable fee for the delivery of Products. 

GST has the meaning given in A New Tax System (Products and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision. 

Order means a request by you to purchase Products from Us under these Terms. 

Personal Information has the meaning given in the Privacy Act 1988 (Cth). 

Price means the purchase price of each Product as specified on the Website.  

Privacy Policy means the privacy policy published on the Website from time to time. 

Product means an item offered for sale on the Website.