Terms and Conditions

SmileStyler Website Terms of Use

1. About these Terms

This website is owned and operated by SmileStyler Solutions Pty Ltd. These Terms are entered into by and between you (also Your and Yours) and SmileStyler Solutions Pty Ltd (SmileStyler, We, Us or Our).

These terms of use, together with the Privacy Policy. (together the “Terms”) govern Your use of www.smilestyler.com.au (the Site) and the booking and other services (including any payment services, payment portal and account management portal) (Services) offered on the Site.

2. Agreement to Terms

By using the Site, including by accessing, entering, supplying, using or downloading any information and/or materials, or by registering for any Services, You agree to follow and be bound by these Terms as they apply from time to time. If You do not or cannot agree to comply with these Terms and their requirements, please do not use the Services and exit the Site.

3. Information on this Site is not professional medical advice

All information contained on this Site, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational and educational purposes only. It is not intended to provide professional dental, medical or health advice for any specific medical condition or symptom You may have. Providing this information and educational content to You does not constitute the providing or practicing dentistry or professional healthcare advice or service. Therefore, use of the Services and the Site does not create a doctor-patient relationship with SmileStyler.

This information is not intended to be used in place of:

• • You visiting, calling, consulting with, or taking the advice of, an orthodontist, dentist or medical professional; or
  • any information contained on or in any product packaging or labels.

Information on this Site is not exhaustive and does not cover all orthodontic or dental procedures or treatments. We encourage You to consult an orthodontist, dentist, or medical professional regarding any specific questions You may have and what treatment options may be best for You. You should never disregard professional advice or delay seeking treatment based on the information on this Site or information contained on other websites linked to or from this Site.

If You are aware of an emergency situation or believe that a person may be at risk of injury or death or may harm themselves or another person, You should dial “000” or contact an appropriate emergency responder. SmileStyler does not monitor or respond to communications made to this Site.

4. Age limitations

This Site and the Services are intended and only suitable for individuals 18 years of age and above. Children under the age of 13 are not permitted to use this Site. We strongly recommend that children between the ages of 13 and 16 ask their parent’s or guardian’s permission before viewing this Site.

5. Restrictions on using the Site’s content

Our Services and this Site are intended for personal use only and are not to be used for, or relating to, any of Your direct or indirect commercial endeavours, unless otherwise agreed between You and SmileStyler.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Site, access to the Site or any content accessible through the Site (including via user login).
You agree that you will not copy or post on any networked computer, broadcast in any media or use, modify, distribute, publish, transmit or create derivative works (i.e. work based on content on this Site) of any material found on our website for any public or commercial purposes. You are also not permitted to modify any materials from this Site in any way.
Except as expressly provided above, nothing contained on this Site will be taken to imply, estop or otherwise license or give a right under copyright, patent, trademark or other intellectual property right of SmileStyler or any third party.

6. Restrictions on how you use the Site

You may use this Site only to the extent that you obey all laws, rules and regulations applicable to Your use of this Site.

You must not post or transmit to or via the Site any information or material or otherwise use the Site for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.

7. Suspension or termination of use

Your failure to follow these Terms may result in Us suspending or terminating Your access to the Services or the Site, without notice, in addition to other remedies available to SmilerStyler. We reserve the right to terminate, without notice, any user’s access to or use of the Services for any reason.

8. Privacy

We may collect registration and other information about you through this Site. Our collection and use of this information is governed by our Privacy Policy. The Privacy Policy explains how We use Your information and who has access to it.

By using this Site, You acknowledge and agree that internet transmissions are never completely private or secure.

You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

9. Other websites, resources, and social media

SmileStyler may provide you with opportunities to share information on third party social media platforms such as Facebook, lnstagram, Linked In, Twitter, Google+, Snapchat, TikTok or other similar platforms (Social Media Platforms).

We do not own or control Social Media Platforms, therefore posting your information on Social Media Platforms is subject to the third party’s privacy policy and other legal terms. We encourage you to read the privacy policy and other legal terms for any Social Media Platforms you choose to post information about SmileStyler on.

We are not responsible for any act or omission of any Social Media Platform, nor are We responsible for the consequences of You choosing to share your information on Social Media Platforms. You agree that you will be respectful of other individuals and their privacy and will not use photos of others without their express permission.

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that You or third parties transmit or post on or to the Site or related websites, including Social Media Platforms (if any). However, You acknowledge and agree that SmileStyler has the right (but not the obligation) to:

• • monitor the Site, discussion boards, and the materials you transmit or post;
  • alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and
  • disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our partners, and our other clients and visitors, and to comply with legal obligations or governmental or regulatory requests.

10. Communications

When you visit the Site or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically, in addition to consenting for Us to communicate with You in other forms (including writing, by telephone and via electronic messages).

You may opt out of receiving these communications by notifying of us your desire to “unsubscribe” via links located in our electronic communications or via similar means provided to You by Us in the communication format.

You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any Australian legal requirement that such communications be in writing.

11. Requests for information

If You contact SmileStyler and request information about our programs or Services, We will use Your mobile phone number, email or postal address to provide the information You requested. You agree that We may use and share information You provide Us and described in our Privacy Policy.

12. Representation and Warranties

You represent and warrant to us that:

• • You are at least 18 years of age or if You are under 18 years of age and are using this Site with parental or guardian supervision; and
  • Your use of the website will be in compliance with these Terms.

13. Disclaimer of warranties

You acknowledge that You are using this Site and the Services at your own risk. The Site, the information on it and the Services are provided “as is”, and to the full extent permitted by applicable law, SmileStyler, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.

SmileStyler, its affiliates and its third party service providers do not represent or warrant that access to the Site and its Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of this Site.

14. Limitation of liability

To the maximum extent permitted by applicable laws, SmileStyler, its affiliates and its third party service providers will not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of:

• • this Agreement;
  • provision of services under this Agreement;
  • the sale or purchase of any products ordered through the Site;
  • Your access or inability to access the Site;
  • information on this Site or Services, including for viruses alleged to have been obtained from the Site;
  • Your use of or reliance on the Site, the information on the Site or materials available through third party sites linked to the Site,

regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.

To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Site in connection with any business purpose.

If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the services, information or links and associated services, as the case may be.

15. Consumer guarantees

To the extent permitted by law, any conditions, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms. However, if a supply under these Terms is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law.

To the extent that the Australian Consumer law permits Us to limit Our liability, Our liability is limited to:

• • in the case of Services, the cost of supplying the Services again or payment of the cost of having the Services supplied again; and
  • in case of the software of other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

16. Copyright and intellectual property

All copyright and other intellectual property rights subsisting in the Site and the material on the Site (including, without limitation, the software, design, text and graphics comprised in the Site and the selection and layout of the Site) are owned or licensed by Us and protected by the laws of Australia and other countries.

You are authorised to view the Site and its contents using your web browser or, where expressly invited to do so, to share certain content on social media. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

SmileStyler respects the intellectual property rights of others, and requires You to do the same. We will immediately terminate the access privileges of those who infringe the copyright or intellectual property rights of others.

The Site includes registered trade marks and, may include trade marks which are the subject of pending applications, or which are otherwise protected by law. You may not use any of those trade marks, and the name ‘SmileStyler’ or the name of any of Our related companies without Our prior written consent.

17. Indemnity

You agree to indemnify and hold SmileStyler, and its related bodies corporate, harmless from any costs, damages, expenses and liability (including reasonable legal fees), in connection with your use of the Site or Site content, your breach of these Terms, or your violation of any rights of any third party.

18. Changes to the Terms

We may change the Terms from time to time by publishing an updated version on the Site. By continuing to use the Site you will be deemed to accept the updated Terms and agree to be bound by them.

19. Legal disputes

These Terms and your relationship with SmileStyler will be governed by the laws of the State of Victoria. You and SmileStyler agree to submit to the non-exclusive jurisdiction of the courts of Victoria.

20. Contact information

Please contact us with any questions or concerns regarding these Terms at:

Phone: +61 3 9099 4609

Email: [email protected]