1. Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
2. Booking, Cancellation and Refunds
Bundoora Family Dental Clinic has a no refund policy on purchases if you change your mind or your circumstances has changed.
2.1 All treatments/services are not transferable to other individuals or clinics.
2.2 We require at least 48 hours’ notice to be given for any appointment cancellation.
2.3 Booking Fee: $50 fee will be charged to secure your booking and if you cancel within 48 hours prior to your booking, your booking fee will be forfeited. If you turn up for your appts, this money can be used as a credit for services and products.
2.4 Deposits paid for root canal, bridge work or any other treatments related to lab work treatments are non-refundable.
2.5 Refunds will be provided where required under the Australian Consumer Law but EXEMPTED from any Covid19 related issues / concerns.
2.6 A $60 deposit is required for Saturday bookings. If the booking is cancelled without adequate notice, this deposit will be lost. If you are on a pre-paid package, that particular session in the package will be forfeited. You can cancel a booking by calling the Our Dental Clinic at least 24 hours prior to your appointment.
Treatment Refunds
2.7 If you are not satisfied with the outcome of the results, your money will not be refunded. Treatment results vary from person to person.
2.8 Fees paid shall not be refundable under any circumstances.
Payment
2.9 Payments for goods and services can be made with cash, Visa or Mastercard at any of our Clinics. Unfortunately, we cannot accept payment by cheque or direct debit.
2.10 Payments for all services must be made at the time of the appointment.
2.11 Failure to settle your account within 7 days will result in a warning being issued to settle the outstanding amount. If payment is not received within 10 days, we will be left with no choice but to involve debt collectors or solicitors to recover the debt including their fees and charges. Additionally, your file will be archived, leading to the termination of your care at our clinic.
Pre-paid Treatments
2.12 If you pre-pay for treatments you will save an amount according to the pre-payment schedule. There is no refund on pre-pays and they are not transferable to other individuals, treatment areas or clinics.
2.13 Pre-pays have a 12 month expiry date (less than 8 treatments) or an 18 month expiry date (8 or more treatments).
2.14 24 hours’ notice is required for any pre-paid appointment cancellations. If you cancel a pre-paid appointment within 24 hours, or do not attend the appointment, the treatment will be forfeited.
2.15 You agree to these terms by purchasing pre-paid treatments.
3. Copyright notice
3.1 Copyright (c) 2016 Bundoora Family Dental Clinic.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license 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.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Your content: licence
6.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
6.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
6.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
6.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
6.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
6.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
6.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
10.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
11. Limitations and exclusions of liability
11.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
11.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
11.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
11.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
c) Completely prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
13. Variation
13.1 We may revise these terms and conditions from time to time.
13.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions
13.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
14.Assignment
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15. Severability
15.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
17. Entire agreement
17.1 Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
18. Law and jurisdiction
18.1 These terms and conditions shall be governed by and construed in accordance with Australian law.
18.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Australia.
19. Our details
21.1 This website is owned and operated by Bundoora Family Dental Clinic.
21.2 Our principal place of business is at FF2, 12 Ormond Blvd, Bundoora 3083.
21.4 You can contact us:
(a) by post, using the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
20. Bundoora Family Dental Clinic Specials & Packages
20.1 Savings specified for each special / package are calculated on the normal per treatment price and not pre-paid prices.
20.2 Clients may purchase as many Bundoora Family Dental Clinic specials and packages as they like, however payment must be made upfront in full and the terms of our refund policy apply.
20.3 Bookings must be made for each treatment within the package.
20.4 Appointments cancelled, missed or changed without 24 hours notice will be taken from the client’s package.
20.5 Treatments included in the package cannot be exchanged for another treatment or redeemed for cash.
20.6 Individual results from treatments will vary from person to person, and before & after pictures may not represent your individual result from the same treatment.
21. Saturdays
21.1 Unconfirmed appts will be deleted automatically
21.2 No reviews/ patch tests will be performed on Saturdays,
21.3 $60 new patient charge is on Saturdays and if patients do not turn up without cancelling at least 48 hours before, the deposit will be for fitted.
22. SMS
As part of our policy patients will receive all confirmation of appointments, recalls and health related via SMS and emails unless stated otherwise. If you are not happy to receive them please call us to notify and we cannot take any responsibilities or liabilities if your health is not managed.
23. Privacy Law
Your Data will be shared within our organisations only. Your data is protected according to the Australian Privacy Act.
We will not be liable for any loss, damage, liability, expense, fines, penalties or any other amount directly or indirectly caused by, in connection with, or in any way involving or arising out of any actual or alleged:
(a) any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not); or
(b) Coronavirus (COVID-19) including any mutation or variation thereof; or
(c) any pandemic or epidemic, as declared as such by the World Health Organisation or any governmental authority.
* Disclaimer: The content of the Bundoora Family Dental Clinic web site, such as text, graphics, images, and information obtained from third parties, are for informational purposes only. Results from series of treatments performed may vary from a person to another. It is recommended to consult our qualified doctors, nurses or skin therapist prior to performing a treatment.