Terms & Conditions
A. General
1. This policy (together with the documents referred to in it, particularly the Privacy Policy) sets out the terms and conditions upon which Urban Smile Pty Ltd A.C.N 652 955 069 A.B.N 13 652 955 069 and any of its subsidiaries, affiliates, employees, officers and agents (Urban Smile, we, us, our) will supply to the patients (you, your) various products and services as described on our website www.urbansmile.com.au (Website) or at our Urban Smile studios (together the Terms).
2. You should review these Terms (including the Privacy Policy which can be found here) carefully. If you do not agree to these Terms, you should immediately cease using our Website. You should understand that by seeking any of our services and purchasing any of our products, you agree to be bound by these Terms.
B. Provision of Services and Payment
3. Urban Smile may, at its absolute discretion, provide products and services to you at your request.
4. Please note that, at our absolute discretion, we may ask you to provide a deposit prior to confirming your appointment time. You will otherwise be asked to make payment of any products and services at the time those products and/or services are provided to you.
5. Payment for products and services may be made by credit card or “buy now pay later” financing including but not limited to Humm. Please note Humm is not a service provided by Urban Smile. Humm is a facility offered by Humm Group Limited. If you would like to know more about Humm, please visit the Humm website www.shophumm.com.
C. Cancellations and Returns
Change of Mind
6. If you change your mind about our services within 72 hours from signing up for the service, we will refund your payment in full to your card of purchase. Outside of that 72-hour period, we are not able to offer you a refund at all. Please note if Humm or another third-party facility is used for payment then the refund terms and conditions of that service provider will apply.
Clear Aligners
7. If you not happy with your clear aligners for any reason within the first 30 days, you can return your unused aligners and we will provide a refund, less any lab fees or manufacturing costs incurred until that point of treatment (e.g. laboratory fees, manufacturing costs, dental monitoring costs, appointment fees, and transaction costs).The 30-day period begins the day you pick up your clear aligners from our studio. Please note that any return shipping costs need to be covered by you. The value of your refundable amount will be confirmed with you prior to the refund transaction. Refunds will be processed per your original payment method, or via your nominated bank account in the case of cash. For patients using “buy now pay later” financing including but not limited to Humm, please note we do not cover third party cancellation fees. Outside of that 30-day period, we are not able to offer you a refund at all.
Other
8. Please note that any refund request may take 10 to 15 days to action and process. For more information about cancellations and returns please contact us at hello@urbansmile.com.au.
Cancellation by us
9. We may cancel any part of your products and/or services without any liability for that cancellation at any time if we are not able to supply the products or the services, for whatever reason.
10. If we do so, then we will endeavor to provide you with reasonable notice of that cancellation and will refund you the price paid for any products and/or services which we are not able to supply.
D. Warranties and Disclaimers
11. To the maximum extent permitted by law, including the Australia Consumer Law, we make no warranties or representations about the Website or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this Website will be secure.
12. We reserve the right to restrict, suspend or terminate without notice your access to the Website, any Content, or any feature of this Website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
13. The information and statements included on the Website, including information relating to dental, orthodontic and health conditions, products or treatments, is for informational purposes only and is not intended to diagnose, treat, cure or prevent any disease or dental or other health condition. Information and statements included on the Website are not intended nor is it implied to be a substitute for face to face advice or professional dental advice.
14. You expressly agree that your use of, or inability to use, the service provided at the Website is at your sole risk.
E. General Matters
15. (Use) You must be at least 18 years old 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.
16. (Changes) 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.
17. (Teeth Whitening Services) Any teeth whitening services are only offered to patients over the age of 18 years.
18. (Tailored Services) One of our specialists will determine which services are right for you, based on their expertise.
19. (Promotions) From time to time, we may have promotions running which may be viewed at our promotions page here.
20. (Reviews) From time to time, Urban Smile may send communications (via email, SMS text messages etc.) either directly or via our third-party software, requesting a review. All user reviews submitted by you in relation to Urban Smile on any forum may be used for marketing purposes, which includes publication on our website, in emails, advertisements or in other digital or print marketing literature.
21. (Disputes) Any disputes must be lodged in writing to us at hello@urbansmile.com.au explaining the details of the dispute.
22. (Events Outside Our Control) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (being a Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
23. (Links to External Websites) This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, its contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites. You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.
24. (Information Collection) Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or the services, is governed by our Privacy Policy. By using this Website and the services associated with this Website, you are agreeing to the Privacy Policy.
25. (Confidentiality) All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.
26. (Liability) To the maximum extent permitted by law, including the Australia Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our Website and/or the information or materials contained on it, or as a result of the inaccessibility of this Website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
27. (Severability) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
28. (Collection Statement) We collect personal information about you in order to facilitate the products and services we provide to you for purposes otherwise set out in our Privacy Policy. When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. With your permission, we may send you emails about our products and services and other updates. We may disclose that information to third parties that help us deliver our Products (including information technology suppliers, delivery suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products and services to you. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in our Privacy Policy and these Terms.
29. (Consent) You (or in the case of children, the Parent/ Guardian):
(a) consent to receiving regular updates on Urban Smile’s special offers, products and services via email, post, telephone and SMS and other channels which are used by Urban Smile from time to time;
(b) give permission for Urban Smile to use photos and/ or video footage of you (and/or your child) for the purpose of promoting and marketing Urban Smile and its work. This includes photos and/or video footage that you may take. You understand that the photos and/or video footage may be used by Urban Smile in a variety of marketing materials, publicity, promotion and advertising purposes both online and in print. You give permission for the photos and/ or video footage to be used in full or any edited form. Any mentions will include your first name only;
(c) you waive any rights and claims, present and future, to any fees or royalties or other benefits whatsoever for or in connection with use of the photos and/ or video footage; and
(d) if you wish to withdraw permission for the photos and/ or video footage to be used, you will do so in writing and understand that if you do so, Urban Smile will cease any future new publication or use of the images, but for several years the images may appear in printed and electronic materials that have already been produced or disseminated. You understand and agree that, despite those efforts, the images may still be published or disseminated.
30. (Intellectual Property and Copyright) We own all intellectual property in the material available on this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with any services provided. 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 the Website. The Urban Smile brand and all associated trademarks, whether registered or unregistered, are and will at all times remain the property of Urban Smile and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
31. You must not:
(a) republish material from our Website (including publications on another Website);
(b) sell, rent or sub-licence material from our Website;
(c) show any material from our Website in public;
(d) exploit material from our Website for a commercial purpose; or
(e) redistribute material from our Website;
(f) place a link to the Website on any other website without our prior written consent.
32. (Information) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this Website. You must take your own precautions to ensure that whatever you select for your use from our Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems. We may, from time to time and without notice, change or add to the Website (including the Terms) or the information described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up to date.
33. (Reservation of Rights) We reserve the right, at any time, to:
(g) refuse service to anyone for any reason;
(h) modify or discontinue the purchase of products and/or services (whether in full or part) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service offered;
(i) limit the quantities of any products or services that we offer. All descriptions of products or services and/or prices are subject to change at any time without notice, at our sole and absolute discretion; and
(j) discontinue any products or services at any time. If that happens, any offer for any product or service made on the Website is void where prohibited.
34. (Governing Law) Your use of the Website and these Terms are governed by the laws of the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the Courts in the Ste of Victoria, Australia.