Terms and Conditions

TREATMENT TERMS & CONDITIONS

Successful treatment is a partnership between The Smile Outlet and you. As a general rule, informed and cooperative patients can achieve positive alignment results.

While recognising the benefits of a beautiful healthy smile, you should also be aware that, as with all cosmetic dental treatment including braces and aligners, there are limitations and potential risks, however these are seldom serious enough to indicate that you should not have treatment.

Please read this information carefully. Ensure you know what is expected of you during treatment under these terms and conditions.  Treatment using clear aligners or braces, is a dental treatment in which gradually move the teeth to improve aesthetic appearance.

This treatment is intended to provide the following BENEFITS:-

• Improved Appearance and Confidence – Improvements to a smile has been shown to have a significant positive affect on an individuals confidence.

• Improved Oral Hygiene – Straitening teeth allows easier access for toothbrushing and flossing, which can improve your ability to clean the teeth properly, leading to healthier teeth and gums.

• Improved long term position – Teeth will naturally become more crooked as we age. Orthodontic treatment, with the use of long term retainers will allow your teeth to stay straighter for longer.

• Increased Longevity– When teeth are not aligned well, teeth may lean on other teeth in unnatural ways which can cause accelerated wear. Straightening teeth reduces these unnatural collisions, thereby reducing premature tooth wear.

• Improved chewing – Dysfunctional chewing patterns can lead to unnatural tooth wear and jaw problems. Having aligned teeth can improve the relationship between upper and lower teeth, which can help to protect them.

Although the benefits generally outweigh the potential risks, all factors should be considered before making the decision to undergo orthodontic treatment.

Please be aware of these potential RISKS of clear aligners, braces and orthodontic treatment:

• Treatment time may exceed initial estimates;
• Wearing aligners less than 22 hours per day or poor oral hygiene can lengthen treatment time, increase the cost, and affect the quality of the end results;
• Unusually shaped teeth can also extend treatment time and affect results;
• Discomfort – Your mouth is sensitive so you can expect an adjustment period and minor discomfort from tooth movement. You may also experience gum, cheek or lip irritation while these tissues adjust to contact with the appliance in your mouth.
• Allergic Reactions – It is possible for some patients to become allergic to the materials, but this is rare.
• Temporary side effects – You may experience temporary changes in your speech or salivary flow at the start of treatment.
• Bite Adjustment – Your bite may change during treatment and may result in temporary discomfort. Your bite may require adjustment after treatment is complete.
• Tooth Decay, Gum or Periodontal Disease – Tooth decay, periodontal disease, gingival recession, inflammation of the gums, discolouration or white spots may occur or accelerate during orthodontic treatment. These reactions are more likely to occur if you consume lots of sugary foods or beverages, do not brush and floss as instructed, or do not see a dentist for regular checkups at six month intervals. If underlying conditions persist, you may be required to cease treatment.
• Root Resorption (Shortening of the roots)– The roots of some patients’ teeth become shorter during orthodontic treatment. It is not possible to predict which patients will experience it, but patients who have had orthodontic treatment in the past are at a higher risk. This can impact the long term health of teeth. If resorption is detected by your dentist during checkups, treatment may need to be discontinued or eventual tooth loss could occur. If you have any remaining baby teeth, any orthodontic movement can accelerate its loss.
• Nerve damage in teeth – Tooth movement may accelerate nerve damage or nerve death resulting in a root canal, other dental treatment, or loss of the tooth. It is not possible to predict which patients may experience nerve damage, but patients who have experienced tooth injury or had dental work on a tooth are at higher risk. If your dentist detects nerve damage prior or during your treatment, treatment may need to be discontinued.

• Compromised Result – It is also important to understand that orthodontic treatment may not be able to address all aspects of your chief complaint. We will always treat with your chief complaint in mind, but there are occasionally other factors that may interfere. Some spacing, crowding, rotations, overbite, openbite may remain at the end of treatment. 

• Jaw Problems (TMD) – Problems may occur in the jaw joints during orthodontic treatment causing pain, headaches or ear problems. The following factors can contribute to this outcome: past trauma or injury, arthritis, hereditary history, tooth grinding or clenching and some medical conditions.

• Previous Dental Treatment – We cannot move dental implants or other dental restorations, such as bridges. Additionally, dental restorations, such as crowns, veneers, or bridges, may require replacement due to tooth movement.

• General Health Problems – Overall medical conditions such as bone, blood or hormonal disorders, and many prescription and non – prescription drugs (including bisphosphonates) can affect the movement of the teeth. Seek advice from your GP or specialist if considering orthodontic treatment. You should not smoke during orthodontic treatment which can cause slow tooth movement and increase risk or root resorption and tooth loss. It is important that you continue to see your regular dentist during treatment. 

• Treatment Duration – The length of time you are in treatment and the result depends on many factors, including, but not limited to: the severity of your case, the shape of your teeth, or the amount of time you wear your elastics. Your particular rate of tooth movement is impossible to predict and could take shorter or longer than predicted.

• Retainers and Relapse– Teeth may move again after you complete your treatment. Retainers will be required to keep your teeth in their new position. Your retainer should be worn full-time for 2 weeks and then nightly from then on, indefinitely. You can expect a retainer to last about a year, but this can vary between patients. If you do not wear retainers after treatment, your teeth will likely move back towards their original position. Best to buy our Smile Protection Plan. 

• Black Triangles – Teeth which have been overlapped for long periods of time may be missing the gum tissue and when these teeth are aligned, a “black triangle” may appear below the interproximal contact. This is not predictable and may require more treatment and cost to address .

A successful treatment outcome cannot be guaranteed. After braces or aligner treatment, some cases may require additional treatment to achieve ideal results. There may be additional costs to you if you require such procedures. Always follow the instructions of our clinical team for best results.

SALE TERMS

These sales terms and conditions (Sale Terms) are between The Smile Outlet Gold Coast Pty ltd and you, the person, organisation or entity that purchases products from us and you accept our Sale Terms by making a purchase from us.

Your purchase from us indicates that you have had sufficient time and opportunity to access and review these Sale Terms, and that you have read, accepted and will comply with these Sale Terms. If you do not agree to these Sale Terms then you should not purchase from us.

To be eligible to purchase our products you must complete, sign and submit to us the treatment consent form. You agree to provide true, accurate, current and complete information on your applicable form. All purchases are subject to our approval based on the information you provide to us, and our approval may be withheld in our absolute discretion. Our approval will in no way operate or have the effect of increasing our responsibility or liability under, or otherwise limit any limitation of liability specified in, these Sale Terms.

After we have completed your treatment plan, and you have approved it, you will receive your aligners. We may in our absolute discretion accept or reject an order for any reason, including whether we consider you to be an eligible candidate for the use of our products, availability of products and our ability to validate payment for the products.

We will provide you with order and delivery status details when you order and pay on the Site and your payment has been validated..

You agree to pay the purchase price advertised on the Site at the time that you place your order for the purchase of a product. Shipping is included in the purchase price to metropolitan areas. For delivers outside metropolitan areas, please contact us for an estimate which will then be added to your final purchase price.

Before we can manufacture your aligners, you must pay for the product by one of the methods set out on the Site. We accept payment via credit card or via the instalment payments (as set out on our Site) or such other method advised by us from time to time on the Site. Your payment will be processed upon receipt of your order. If your payment is not able to be successfully processed then your order may be cancelled. We will contact you if this occurs.

If you make a payment by way of credit card, you may be charged a merchant credit card fee. We will notify you if this occurs and give you the option to pay by EFTPOS or direct deposit to our bank account.

If you elect to pay by way of an instalment repayment plan, please note that you will contract with a third party credit provider, and that all drawing and repayment arrangements will be as per the terms and conditions they offer. You must agree to their terms and conditions prior to entering into a repayment plan with them. Please be aware, if there is a payment default and it is not rectified, we may cease sending you further products and you may have your outstanding debt handed to a debt collection agency. Applicable debt recovery fees and charges may be charged to the you.

Our pricing structure, payment methods and these Sale Terms may be amended from time to time in our discretion, and the changes will apply to you for products provided to you after the date of the change and in any event no earlier than the date that the amended or new Sales Terms are provided to you.

If there is a considerable delay in manufacturing or shipping your aligners, or if for any reason we cannot supply a product you have ordered, we will contact you and you can choose a refund or to put your order on backorder. If you choose a refund any costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for supply/delivery once the product is available.

It is estimated that manufacture of your aligners may take between 30– 60 days from the time of purchase. This is an estimate only and subject to availability of products and delivery by our courier company. If we believe delivery will take longer than this estimated period of time, we will notify you.

Title in the products will not pass to you until your payment is received by us. If your payment is declined for any reason we reserve the right to refuse delivery of the products, and to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. Notwithstanding, risk of loss, damage or deterioration to any products will pass to you once the product is delivered to the address you provide.

If you have any feedback or questions about our products, please contact us. If there is a dispute between the Parties in relation to these Sale Terms, the Parties agree to follow the following dispute resolution procedure:

• The complainant must tell the respondent in writing the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.
• The Parties agree to meet (including by phone) in good faith to seek to resolve the dispute by agreement between them; and
• If the Parties cannot agree how to resolve the dispute, any Party may refer the matter to a mediator.

If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of Queensland to appoint a mediator. The mediator will decide the rules, time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute.

Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Sales Terms, by law or in equity.

You have certain statutory rights pursuant to certain legislation including the Australian Consumer Law (“ACL”) set out in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations. These laws may confer upon you rights, warranties, guarantees and remedies relating to the provision of products by us to you, which cannot be excluded, restricted or modified.

If you are a consumer as defined in the ACL, the following notice applies to you:

“Our goods and services come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. You are also entitled to have services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure.”

Nothing in these Sale Terms excludes your statutory rights as a consumer under the ACL. You agree that our liability for goods and related services provided to a person or entity defined as a “consumer” under the ACL is governed solely by the ACL and these Sale Terms. We exclude all conditions and warranties implied by custom, law or statute except for your statutory rights in relation to the goods and related services.

If you wish to seek a repair, resupply, replacement or a refund for a faulty product, please contact us and we will explain the requirements to you. This may include you:

• providing proof of purchase,
• providing evidence of fault to us, and
• returning any faulty products to us. Please note that any discomfort, swelling, sensitivity, numbness, sore jaw muscles or succumbing to an allergic reaction to materials used in our products may not, in itself, be evidence of product fault.

If you are entitled to a refund, we will only give you the refund once evidence of fault is received and confirmed by us. Any refund we make will be by the same payment method used to purchase the product.

Our products come with a Smile Guarantee, which means we guarantee three things:

1. Best Price – we will be the most affordable for the same product or service.
2. Finance – if you are rejected for finance through our third party financier, we will still allow a payment plan with minimum 20% deposit.
3. Results – we guarantee straighter teeth in 6 months or less. This does not mean your teeth will be perfectly straight in that time or ever, but that you will have straighter than you did before starting treatment. If you are not satisfied with your treatment you will need to:
   1. write to us within 120 days of purchase;
   2. return all aligners (including used aligners) to us, at your own cost, in the original product packaging.
   3. Allow us to discuss the case and look at before and after photos.

If you write and say anything negative about the company or it’s staff, you will waive your right to a refund. You may remove the review and giving you a refund at that time is at our discretion.

Please note, this guarantee does not apply to products that have been:

• used other than in accordance with any use instructions supplied or made available by us;
• mishandled;
• improperly stored;
• damaged;
• modified; or
• provided to you on the basis that you provided untrue, inaccurate or incomplete information to us.

Any dispute must first go to mediation and give both parties an opportunity to settle the dispute before any proceedings are commenced. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sale Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including, but not limited to, disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sale Terms.

We will not be liable for any delay or failure to perform our obligations under these Sale Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance for a period of at least 2 months, we may terminate our agreement with you by giving you 5 business days’ notice in writing.

Any notice in connection with these Sale Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.

If any of these Sale 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.

These Sale Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing

If you received a faulty product and need to return it for the same item, please contact our patient care team to request a replacement. Replacements for faulty products are at no cost to you.

WEBSITE TERMS

This website is owned and operated by  The Smile Outlet Gold Coast Pty Ltd. These Terms of Use (“Terms”) govern you, the person, organisation or entity that accesses and/or uses our site (referred to as “you” or “your”) and form an agreement, enforceable in law, between you and us if you access and/or use our site. Please read these Terms carefully. If you have any questions, please contact us.

You warrant that your use of the site indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. If you do not accept these Terms, You should immediately cease accessing and using this Site.

You must not use this Site for lawful purposes or in a manner inconsistent with the nature and purpose of this Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable.

The information on this Site, including images, products, services, statements, opinions and documents, are for general information purposes only. It does not take into account your specific needs and it is not advice. The Information should not be considered complete and is not intended to be relied on as a substitute for professional medical (including dental) advice or treatment.

You may use this Site by us granting you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for personal, non-commercial use, in accordance with our Terms. All other uses are prohibited without our prior written consent.

You must not use this Site for any activities, or post or transmit any material from the Site:

• unless you hold all necessary rights, licences and consents to do so;
• that infringes the intellectual property or other rights of any person;
• that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
• that defames, harasses, threatens, menaces, offends or restricts any person; or
• that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site.

You agree that we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:

• altering or modifying any of the source code or the material on the Site;
• causing any of the material on the Site to be framed or embedded in another website;
• creating derivative works from the content of the Site; or
• using the Site for commercial purposes.
• If you choose to add content on to the Site, you warrant that you:
• have all necessary rights to post the content;
• acknowledge that the content is not confidential in nature; and
• grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way.

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (“Third Party Information”). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.

While we endeavour to keep the Site and Information up to date and correct, however we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any Information contained on the Site for any purpose including Third Party Information.

We are not responsible for any delays or interruptions to the Site. We cannot warrant that the Site will be available at all times and without notice to you, we may discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

To the maximum extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site or Information, and we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

By using the Site, you agree to fully indemnify and hold us, The Smile Outlet Gold Coast Pty Ltd  harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of or access to the Site, any breach by you of these Terms or any wilful, unlawful or negligent act or omission by you.

If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.