Terms of Use
Please review the following terms of use (“Agreement”), which govern your use of www.clearsmilesorthodontis.com.au (the “Site”). This Agreement is entered into by and between you and ‘Clear Smiles Orthodontics’ (ABN 28 866 868 307), (“Clear Smiles” or “we” ‘us’ or “our”). Your use of the Site and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to comply with this Agreement and its requirements, please do not use the Services and exit the Site.
Privacy Policy
We handle your personal information in accordance with our Privacy Policy. In addition to reviewing this Agreement, we recommend that you should also read our Privacy Policy to better comprehend how we collect, use and handle your personal information.
Changes to Agreement and Additional Rules of Usage
Clear Smiles Orthodontics reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on the bottom of this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
Clear Smiles Orthodontics also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
Clear Smiles Orthodontics will inform you of any such changes, modifications, alterations, updates and/or additional rules of usage by posting them on the Site. In some cases, Clear Smiles Orthodontics will describe the changes and updates in an email sent to the address you provided during registration.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Clear Smiles Orthodontic’s other remedies.
Ownership of the Site and Site Information
The Site is expressly owned and operated by Clear Smiles Orthodontics. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the “Site Information”), are owned by Clear Smiles Orthodontics or its affiliates or are licensed from third party service providers by Clear Smiles Orthodontics. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved; Copyright © Clear Smiles Orthodontics.
Site Information is Provided "As Is"
Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.
Use of the Service By You
You may view and use the Site Information only for your personal information. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you – you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and/or criminal liability.
Non-Commercial Use Only
The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Clear Smiles Orthodontics. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Clear Smiles Orthodontics. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Eligibility to Use the Site and the Services
The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with the prior consent and authorisation of your parents or guardians. Clear Smiles Orthodontics does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not use the Site. If a child under 18 submits information through any part of the Site, and Clear Smiles Orthodontics becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. For clarity, individuals over 18 years old can consent to the processing of personal data, but anyone younger needs the consent of their parent or guardian.
Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Site and the Services at your own risk. The Site, the Site Information and the Services are provided “as is,” and to the full extent permitted by applicable law, Clear Smiles Orthodontics, 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, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Clear Smiles Orthodontics, 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 clearsmilesorthodontics.com.au. .
To the maximum extent permitted by applicable laws, Clear Smiles Orthodontics, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement, the provision of Services hereunder, the sale or purchase of any merchandise ordered through the Site, your access to or inability to access the Site, Site Information, or Services, including for viruses alleged to have been obtained from the Services, your use of or reliance on the Services, the Site Information 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 applicable laws, you hereby agree to release Clear Smiles Orthodontics, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Site and its Services.
If any guarantee, condition, representation, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “non-excludable provision”), and Clear Smiles Orthodontics is able to limit your remedy for a breach of the non-excludable provision, then Clear Smiles Orthodontic’s liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to, at Clear Smiles Orthodontic’s option, (a) in the case of goods, the prompt replacement of the goods or the supply of equivalent goods, or the cost of replacing the goods or of acquiring equivalent goods; and (b), in the case of Services, the supplying of the Services again, or the payment of having the cost of having the Services supplied again.
AHPRA compliance disclaimer
To the full extent permitted by applicable law, Clear Smiles Orthodontics, 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, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. For clarity we actively avoid creating any unreasonable expectation of beneficial treatment, or directly or indirectly encourage the indiscriminate or unnecessary use of regulated health services. We act in the interest of what is best for the patient’s smile as determined by an Australian registered orthodontist and always encourage and imply users to read and follow instructions of use.
Electronic 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. You may opt out of receiving these communications by clicking the “unsubscribe” link located at the bottom of each email Clear Smiles Orthodontics sends you. We will communicate with you by email and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disputes
Arbitration will be pursued by the parties before the parties go to court and such arbitration will be conducted by a single arbitrator under the rules of arbitration of the Australian Disputes Centre. If the parties are not able to decide on an arbitrator, the President of the Queensland Law Society or his or her nominee will decide the arbitrator. Notwithstanding the foregoing, either party may pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
Jurisdiction and Governing Law
To the maximum extent permitted by applicable law, Clear Smiles Orthodontics makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the applicable Australian laws.
User Content
By submitting any content (including without limiting, your photograph, name, email address, opinion, statements and other information) (your “Content”) to the Site and/or otherwise to Clear Smiles Orthodontics, you represent and warrant that you are the exclusive author of the Content and use of your Content by Clear Smiles Orthodontics will not infringe or violate the intellectual property or other rights of any third party. You waive any and all moral rights to be identified as the author of the Content and any similar rights in any jurisdiction in the world. By submitting any Content to our Site and/or Clear Smiles Orthodontics, you represent and warrant that you have the right to grant, to Clear Smiles Orthodontics (and, its licensees, its assignees and affiliates), an unlimited, perpetual, worldwide, non-exclusive, royalty-free irrevocable, transferable right and licence to use your Content, in whole or in part, for the purpose of providing the Services, for marketing and publicity purposes, for our internal business purposes and otherwise as required by law. However, we have no obligation to post your Content and you remain solely responsible for your Content, including ensuring it is true and correct and otherwise complies with applicable law, including that it does not contain sexually explicit, illegal, defamatory or similar content. If you breach your obligations in relation to your Content, we may investigate and take appropriate legal action in our discretion against you, including, removing your offending Content, terminating the Agreement and your access to our Site.
SMS Short Code Terms & Conditions
If you consent to provide your mobile phone number to Clear Smiles Orthodontics, we may use this information to send you marketing and transactional SMS updates about your requests, orders and other feedback. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply ‘STOP’ to any SMS message to unsubscribe from SMS updates. Clear Smiles Orthodontics does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier and you should contact your mobile carrier to understand what message and data rates may apply. We support the following mobile carriers: Telstra, Optus, Vodafone, and others. The wireless carriers are not liable for delayed or undelivered messages. Clear Smiles Orthodontics will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. Clear Smiles Orthodontics respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the text communications to Clear Smiles Orthodontics. Clear Smiles Orthodontics respects your right to privacy. You can view our Privacy Policy here.
Last Revised: May 2020