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SMILEFAST PORTAL TERMS & CONDITIONS

Last updated: 18 December 2018

1. DEFINITIONS

The following terms have the following meanings unless the context provides otherwise:
Authorised User User means a person who has undergone all necessary Smilefast training seminars in accordance with the Accreditation Terms and Conditions and any other relevant agreement with Smilefast and is accredited to use the Services;
“Products” means any goods or services purchased by an Authorised User using the Services;
“Services” means the online portal services provided by Smilefast;
“Smilefast, We, Us, Our” means Smilefast Pty Ltd ACN 131 549 730 and its subsidiaries.

2. USE OF SERVICES

  1. You warrant that you are an Authorised User for the purposes of using the Services.
  2. By using the Services you agree to these terms in their entirety, without additions, changes, or deletions, together with the Accreditation Terms and Conditions, Website Terms and Conditions and Privacy Policy (together the Agreement).
    You can find our Website Terms and Conditions and Privacy Policy here.
    You can also find our Accreditation Terms and Conditions here.
  3. Subject to you fulfilling your obligations under the Accreditation Terms and Conditions and becoming an Authorised User, we grant you the non-exclusive right to use the Services, in accordance with the Agreement.
  4. You indemnify us and shall keep us indemnified against any loss, damage, costs or expenses (including legal fees on a solicitor/client basis) arising from any breach by you of the obligations set out in the Agreement.

3. SERVICE FEES

In consideration for the use of the Services, you shall pay to us the fees as agreed with us prior to gaining access to the Services. You acknowledge that we may change such fees from time to time, on thirty (30) days written notice to you.

4. INDIRECT BONDING

  1. Smilefast will deliver final indirect bonding (within Australia) within 20 business days of Smilefast receiving all required information (including patient chief concerns, all necessary and good quality photographs and treatment details), PVS impressions or digital STL files using the Services.
  2. Delivery time is dependent on the timeframe of review of the information and approval of the case (usually within 24 hours), and assumes that only one review is required.
  3. International users should allow extra time for delivery. Smilefast will not be liable for any delays or issues associated with international delivery.

5. DIGITAL SET UP ONLY

Smilefast will deliver 3D view of the digital setup within 10 business days of Smilefast receiving all required information (including patient chief concerns, all necessary and good quality photographs and treatment details), PVS impressions or digital STL files using the Services.

6. MERCHANT FACILITY

This clause 6 applies to you if you purchase products or services from Smilefast using the Services.

  1. Products: A list of all Products, together with descriptions and pricing, that can be purchased using the Services can be found here.
  2. Shipping and Delivery: : Delivery times are 20 business days from the time of the Product order for indirect bonding trays. When your order is complete you will receive an email containing your order confirmation and delivery details.
  3. Currency and Additional Charges: Products must be purchased in Australian dollars.
    A delivery fee of $20 will be charged for indirect bonding orders within Australia and a delivery fee of $120 AUD for orders to New Zealand. International delivery costs do not include any taxes or duties which may be applied by customs at the destination country and any duties or taxes incurred are the responsibility of the delivery recipient.
  4. Payment: We accept payment using the following card types:
    Mastercard Visa
    By submitting an order using the Services, you accept and agree to Smilefast’ payment terms. You acknowledge and agree that, irrespective of whether your order is completed, you may still incur associated fees such as:
    1. if a case does not progress once an indirect bonding case has been ordered and the laboratory has performed the digital set up, you will be charged fees associated with the digital setup;
    2. if a case does not progress once impressions or models have been sent to the laboratory to be scanned and STL files have been fabricated, you will be charged to cover this cost; and
    3. fees associated with any other laboratory work that has been sent to, and commenced by, the Smilefast laboratory prior to your cancellation in writing.
    4. If all payments are not made within 60 days, your account and access to the Services will be suspended.
  5. Complaints: : If we cannot fulfil your Product order for any reason, we will reimburse monies paid to Smilefast for the specified order within fourteen days.
  6. Refunds and Returns: If your order is lost or damaged in transit, please contact us on the details below within 5 business days of the anticipated delivery date of your order so that we may assist you.
    You will be entitled to return the Product and receive a refund within 7 days if the item is damaged.
    You will also be entitled to exchange the Product if Smilefast has not provided you with the correct Product as ordered.
    Should you wish to return any Product, we will be happy to refund or exchange a product provided it is in a fully resaleable condition. Returns should be made within 7 days and in original, undamaged packaging. Smilefast reserves the right to refuse a refund if the Product has not been returned in a fully resaleable condition.
    If you are returning or exchanging a faulty, damaged or incorrect item we will pay for the packaging and postage costs. However, we are unable to offer free delivery for ‘change of mind’ returns or exchanges.
    Please send such Products to the contact details below.
  7. Consumer Data and Security:
    We only store customer data that is needed to run our business. The data is stored securely and protected by up-to-date server and firewall technology.
    We do not share customer information with third parties. However, such information may be shared with our related entities for the purposes of running our business. It is also accessible by our computer and software service providers however it is not used by them for any purpose outside the provision of those services.
    All transactions are processed through high grade 256 bit SSL encryption.
    We do not store credit card numbers.
    For more information regarding privacy, please refer to our Privacy Policy.

7. LIMITATION OF LIABILITY

You acknowledge and agree that:

  1. the Australian Competition and Consumer Act 2010 (Cth) and other similar Australian State and Territory legislation may provide you with certain rights and remedies in respect of goods and services provided to you by us which cannot be excluded, restricted or modified (“statutory rights”). We do not exclude any such statutory rights, but exclude all other conditions and warranties specified or implied by custom, law or statue;
  2. to the fullest extent permitted by law:
    1. all information and materials contained in the Services is provided “as is” and without warranty of any kind, express or implied;
    2. all implied warranties as to merchantability and fitness for a particular use or purpose are excluded; and
    3. we make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information in the Services;
  3. subject to clause 6.6, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited to the following:
    1. in the case of services supplied by us:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again; and
    2. In the case of goods supplied by us:
      1. the replacement of the goods or the supply of equivalent goods;
      2. the payment of the cost of replacing the goods or the supply of equivalent goods; or
      3. the payment of the cost of having the goods repaired;
  4. that under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our employees, directors, officers or associated companies be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use of the Services or any part thereof; and
  5. to the extent permitted by law, once you have ordered a Product, Smilefast will not be liable for, or have any clinical obligation in respect of, the timing or outcome of any treatment associated with the Product.

8. GENERAL

  1. The Agreement is personal to you, and may not be assigned, transferred or notated by you to any other party. The Agreement may be assigned by us to another party upon written notice to you.
  2. The Agreement is governed by the laws of the State of Victoria, Australia, and the parties submit themselves to the non-exclusive jurisdiction of the Courts of that State.
  3. In the event of the invalidity or any part or provision of the Agreement that invalidity shall not affect the enforceability of any other part or provision of the Agreement. The conditions and every part of the conditions contained in the Agreement shall be construed so as not to infringe the provisions of any legislative enactment (“Act”) whether State or Federal. If any condition on its true interpretation does infringe any Act or if any provision of the Agreement is invalid, that condition or part of the condition shall be read down to such extent as may be necessary to ensure that it does not infringe the Act so as to give it a valid operation of a partial character. Should a condition to be read down pursuant to this clause not be capable of reading down it should be deemed to be void and severable from the Agreement.
  4. The Agreement constitutes the entire agreement between the parties in regard to the Services and supersedes any prior representations, understandings or arrangements given or made by the parties whether orally or in writing.
  5. Nothing in the Agreement shall be deemed to constitute a partnership or joint venture between the parties.
  6. Any waiver of any provision or condition of the Agreement must be in writing and is effective only to the extent in such writing specifically set forth. A waiver by either party of a breach of the other party of any covenant obligation or provision in the Agreement contained or implied shall not operate as a waiver of another or continuing breach of the same or of any other covenant obligation or provision in the Agreement contained or implied.
  7. You acknowledge and agree that in addition to being subject to copyright, the Services and all parts thereof constitute our trade secrets and confidential information and you agree not to disclose any such information to any third party other than as expressly provided for in the Services or authorised in writing by us.
  8. You also authorise the use of any photos, clinical records and health information to be used for research, presentation and marketing purposes; however, in such situations the personal identity of the patient will not be disclosed without your consent.

CONTACT US

Smilefast / OrthoEd Pty Ltd
Phone: +61 3 9108 0475
Fax: +61 3 9108 0499
Email: privacy@smilefast.com.au
Virginia Park
236-262 East Boundary Road
18 North Drive
East Bentleigh
VIC 3165 Australia

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