Last modified: 27 January 2019
1. Welcome to 32 Smile Design!
Vallabhadish Pty Ltd trades as 32 Smile Design.
These terms and conditions apply to the use of our 32 Smile Design (ABN 11 626 463 125) website, including the purchase of 32 Smile Design products or services ("Offerings"
By using 32 Smile Designs' website, you are agreeing to these terms and conditions. Please read them carefully.
If you do not accept these terms and conditions, you must refrain from using 32 Smile Designs' website. These terms and conditions must be read in conjunction with any other applicable terms and conditions for 32 Smile Design.
These terms and conditions are subject to Australian Consumer Law.
2. Terminology
In these terms and conditions, the expressions "we", "us" and "our" are a reference to 32 Smile Design.
Use of the expression "Offerings" includes 32 Smile Design content, materials, products and services available or advertised via the 32 Smile Design website.
3. Amendments
We may change these terms and conditions. Amendments will be effective immediately upon notification on the 32 Smile Design website. Your continued use of the 32 Smile Design website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
4. Electronic Contracting
Your use of the 32 Smile Design Services includes the ability to enter into agreements and/or to make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to transactions you enter into on our website, including notices of cancellation, policies and contracts. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
5. Your online appointment booking request
5.1 Online requests
As a user of the 32 Smile Design website, you may request an appointment online.
You agree to provide accurate and complete information when you request an appointment, and as you use 32 Smile Design services. Also, you agree to let us know if your personal data changes so we can keep your records accurate and complete. You agree that 32 Smile Design may store and use the 32 Smile Design data you provide for use in maintaining and billing fees to your Account.
5.2 Fees and charges apply for bookings
Any dental services offered including initial consultation visit will require payment on the same day. You may contact us for consultation pricing.
6. 32 Smile Design payment procedure
6.1 Purchase request information
When you purchase 32 Smile Design Offerings, you must supply your name, email address, bank card number, expiration month and year, CVC and any other purchase information as specified.
6.2 Purchase request approval and rejection
After receipt of your purchase request, we will at our discretion accept or reject your offer to purchase. We may reject your purchase request for a number of reasons including but not limited to insufficient funds in your bank account.
6.3 Delivery of 32 Smile Design Services to you
Important points about your purchase request:
- We are not required to give reasons for rejecting your offer to purchase 32 Smile Design Offerings.
- If we reject your offer to purchase our Offerings for any reason, neither party will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
- Delivery of 32 Smile Design Offerings to you will be effected in the manner described on the 32 Smile Design website.
- You will not be able to use 32 Smile Design Offerings until payment has been received.
- Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax.
- 32 Smile Design Services are offered for sale only to persons who can make legally binding contracts.
7. Cancellation due to error
You acknowledge that despite our reasonable precautions, 32 Smile Design products or services may be listed at an incorrect price or with incorrect information due to a typographical error or other oversight. In these circumstances, we reserve the right to cancel the transaction, even though your purchase may have been confirmed and your bank card has been charged. If a cancellation of this nature occurs after your bank card has been charged for the purchase, we will immediately issue a credit to your bank account for the amount in question.
8. Disclaimer of warranties: liability limitation
You may have rights under statutory consumer protection laws including the Competition and Consumer Act 2010 (Cth). The following disclaimer of warranties and liability limitations apply subject to any rights you may have under such laws.
8.1 Information not advice
Our website contains information only and not advice. If you are subscribed to our mailing list, we may also send you information. You should not rely on our information as a substitute for medical advice. You should consult with your doctor or other health care professional for advice for any concerns about your health.
8.2 Suitability of our Offerings
We make no warranty about the suitability of our Offerings for your particular circumstances. You should consult with a doctor to determine if our Offerings are right for you. We do not accept any liability for any injury, loss or damage that you suffer as a result of selecting unsuitable Offerings for your circumstances.
8.3 Cancellation of products and Services
32 Smile Design reserves its right to cancel any Offerings to you at any time if 32 Smile Design determines, at its sole discretion that any 32 Smile Design Offering will not be suitable for you or if you have supplied misleading or incorrect information about your health to us either verbally or on any pre-screening or other 32 Smile Design form. 32 Smile Design will not be liable for any loss or damage that you suffer as a result of 32 Smile Design's cancellation.
8.4 Errors and updates
While we do our best to ensure that information on our website is error free and up to date, our information may contain errors and may not be up to date because of developments in medical research that may impact the health, fitness and nutritional information on our website. We do not accept liability for any injury, loss or damage that you suffer because of your reliance on information on our website.
8.5 Service interruptions
32 Smile Design does not guarantee, represent, or warrant that 32 Smile Design's Offerings will be uninterrupted or error free.
In addition to any other provision in these terms and conditions, 32 Smile Design reserves the right to change, suspend, remove or disable access to any 32 Smile Design Offering, content or other materials at any time without notice to protect its legitimate interests. In no event will 32 Smile Design be liable for making these changes. Also, 32 Smile Design may impose limits on the use of or access to certain features or portions of 32 Smile Design Offerings, content or materials or stop a 32 Smile Design Offerings altogether, in any case and without notice or liability to protect its legitimate interests. Our disclaimer will survive termination.
8.6 32 Smile Design Services available "as is"
You expressly agree that your use of, or inability to use, the 32 Smile Design website is at your sole risk. The 32 Smile Design Offerings are delivered to you "as is" and "as available" for your use, without warranties of any kind and this includes express or implied warranties and all implied warranties of merchantability, fitness for a particular purpose, title and non infringement.
Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer law, there are certain consumer guarantees that cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.
8.7 Exclusion of liability
In no case will 32 Smile Design, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any 32 Smile Design Offering or for any other claim related in any way to your use of 32 Smile Design Offerings, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any Offering posted, transmitted or otherwise made available via 32 Smile Design.
8.8 Your information
32 Smile Design will use reasonable efforts to protect information submitted by you in connection with the 32 Smile Design Offerings, but you agree that your submission of such information is at your sole risk, and 32 Smile Design disclaims any and all liability to you for any loss or liability relating to such information in any way.
8.9 Viruses and security breaches
32 Smile Design does not represent or guarantee that 32 Smile Design Offerings will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and 32 Smile Design disclaims any liability for these occurrences.
You must take your own precautions to ensure that the process which you employ for accessing the 32 Smile Design website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on our website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the 32 Smile Design website.
8.10 Liability limitation
Certain legislation, including the Competition and Consumer Act 2010 (Cth), may imply warranties or conditions or impose obligations upon 32 Smile Design that cannot be excluded, restricted or modified. These terms must be read subject to these statutory provisions. If these statutory provisions apply, to the extent to which 32 Smile Design is entitled to do so, 32 Smile Design limits its liability in respect of any claim under those provisions to:
In the case of services, at 32 Smile Designs' option:
- supplying the services again; or
- the payment of the cost of having the services supplied again.
In the case of goods, at 32 Smile Designs' option:
- supplying the goods again; or
- the payment of the cost of having the goods supplied again.
9. Waiver and indemnity
By using 32 Smile Design Offerings, you agree, to the extent permitted by law, to indemnify and hold 32 Smile Design, its' directors, officers, employees, affiliates, agents, contractors, principals, and licensors harmless with respect to any claims arising out of your breach of these terms and conditions, your misuse of 32 Smile Design Offerings, or to the extent permitted by law any action taken by 32 Smile Design as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.
You agree that, to the extent permitted by law you cannot sue or recover any damages from 32 Smile Design, its directors, officers, employees, affiliates, agents, contractors, principals and licensors as a result of 32 Smile Design's decision to remove or refuse to make available any service, information or content, to warn you, to suspend or terminate your access to 32 Smile Design Offerings or to take any other action during the investigation of a suspected violation or as a result of 32 Smile Design's reasonable conclusion that a violation of these terms and conditions has occurred. This waiver and indemnity provision applies to all violations described in or contemplated in these terms and conditions.
10. Specific warnings
10.1 Illegal access
You must ensure that your access to the 32 Smile Design website is not illegal or prohibited by laws that apply to you.
10.2 Australian law
Details contained on the 32 Smile Design website relating to 32 Smile Design Offerings have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on the 32 Smile Design website concerning 32 Smile Design Offerings will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any services or use the 32 Smile Design website.
10.3 Exclusion of CISG
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) (the Vienna Convention) to these terms and conditions (by virtue of any law relevant to these terms and conditions) is excluded.
10.4 Accuracy of information
We do not give you any assurances that any information contained on the 32 Smile Design website will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability.
We do not accept responsibility for any loss suffered as a result of reliance by you upon 32 Smile Design Offerings or the accuracy or currency of information contained on the 32 Smile Design website.
10.5 Advertisements
Responsibility for the content of any advertisements appearing on the 32 Smile Design website (including hyperlinks to advertisers' own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products or services and each advertiser is solely responsible for any representations made in connection with its advertisement.
11. Intellectual property
You agree that the 32 Smile Design service, website and apps contain proprietary information and material that is owned by us, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of 32 Smile Design Offerings in compliance with these terms and conditions. No portion of 32 Smile Design Offerings may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the 32 Smile Design service in any manner, and you will not exploit the 32 Smile Design service in any unauthorised way whatsoever, including, but not limited to, by trespass.
12. Copyright
Copyright in the 32 Smile Design website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us.
Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar Australian legislation, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of 32 Smile Design's website; or
- commercialise any Offerings obtained from any part of 32 Smile Design's website, without our written permission.
13. Trademarks
Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trademark.
If you use any of our trademarks in reference to our activities or Offerings, you must include a statement attributing that trademark to us. You must not use any of our trademarks:
- in or as the whole or part of your own trademarks;
- in connection with activities or Offerings which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information or Offerings (including the 32 Smile Design website).
14. Termination for breach of terms and conditions
If you fail, or 32 Smile Design suspects that you have failed, to comply with any of the provisions of these terms and conditions, including but not limited to providing false information on any form we ask you to complete, 32 Smile Design, at its sole discretion, without notice to you, stop your access to 32 Smile Design Offerings (or any part thereof).
15. Licence of 32 Smile Design Offerings
15.1 Licence only
The software on our website made available through 32 Smile Design are licensed, not sold to you.
15.2 Binding agreement
You acknowledge that the licence is a binding agreement between you and 32 Smile Design. Your licence is subject to your prior acceptance of this Licensed Application End User Licence Agreement ("Standard EULA"), and you agree that the terms of this Standard EULA will apply to each 32 Smile Design Offering, unless that 32 Smile Design Offering is covered by a valid end user licence agreement between you and another 32 Smile Design provider, in which case the terms of that separate end user licence agreement will govern.
Your licence to Smile Design service under this Standard EULA or separate end user licence agreement is granted by 32 Smile Design, and your licence to any third-party service under this Standard EULA or separate end user licence agreement is granted by the Application provider of that third-party service.
Any 32 Smile Design service that is subject to the licence granted under this Standard EULA is referred to as the "Licensed Application". The Application Provider or 32 Smile Design as applicable ("Licensor") reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
15.3 Scope of licence
This licence granted to you for the Licensed Application by the Licensor is limited to a non transferable licence to use the Licensed Application. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
You may not rent, lease, lend, sell, transfer, re-distribute or sublicense the Licensed Application. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor and its licensors. If you breach this restriction, you may be subject to prosecution and damages.
15.4 Upgrades
The terms of this licence will govern any upgrades provided by the Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will govern.
15.5 Consent to use of data
You agree that the Licensor may collect and use technical data and related information including but not limited to technical information about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates, service support, and other Services to you (if any) related to the Licensed Application. The Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its Services or to provide Services or technologies to you.
You acknowledge that upon acceptance of the terms and conditions of the licence, 32 Smile Design will have the right to enforce such licence against you.
16. Links
16.1 The 32 Smile Design website
The 32 Smile Design website may contain links to other websites ("linked websites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites.
Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, services or offerings referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
16.2 To this website
Except on the terms of any access agreement separately agreed by us, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the 32 Smile Design website ("materials").
Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
- ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
- ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked materials that the source of the materials is this website;
- ensuring that anyone that accesses our materials through a link on your website or app does not circumvent limits (including technological restrictions and as to location) applying in respect of the materials were the materials to be accessed or sought to be accessed directly from our website or app rather than via your links; and
- being otherwise subject to our directions, including any take down, cease or desist directions.
17. Privacy
We undertake to comply with the terms of our privacy policy. 32 Smile Design's Services are subject to the 32 Smile Design Privacy Policy at [insert URL]
17.1 How we handle emails
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
17.2 Security of information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. 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. You agree that you will not share any logins with others, or do anything that might put the security of your information at risk. We reserve the right to stop your access to any portion of our website if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of the 32 Smile Design website.
18. Governing law
These terms and conditions are governed by the laws in force in New South Wales. You agree to submit to the exclusive jurisdiction of the courts in that state.
19. General
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
20. Acceptance of terms and conditions
By returning to our website or app after reading these terms and conditions, you acknowledge that you have read, understood and accept the above terms and conditions.
