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Last Updated: 05/10/2024
1.1. Welcome to SmilePass, your solution for simplified, flexible, and secure dental payment options. This document serves as the comprehensive agreement between you, the user (“you” or “User”), and SmilePass Pty Ltd, a company incorporated in Australia (“SmilePass,” “we,” “us,” or “our”). By registering for an account, accessing, or using any services provided by SmilePass (“SmilePass Services”), you agree to be bound by the terms and conditions contained in this Agreement.
1.2. SmilePass does not provide medical, dental, or health-related services and does not provide insurance of any type.
1.3. SmilePass does not provide financial, legal, or tax advice. Any information provided through the platform is for informational purposes only and should not be considered as financial advice. Consult with a qualified professional for financial advice.
1.4. Nature of Services: SmilePass offers a comprehensive software platform for Dental Service Providers to offer a variety of payment options directly to their patients. While SmilePass provides the technology, all financial services are provided and managed by specialised third-party companies.
1.5. Scope of this Agreement: this Agreement outlines your rights, responsibilities, and limitations while using SmilePass Services. It also includes specific conditions pertaining to the Direct Debit Request (DDR) Service Agreement, and other financial transactions facilitated through SmilePass.
1.6. Please read this Agreement carefully, as it forms a legally binding contract between you and SmilePass. Your use of SmilePass Services constitutes your acceptance of this Agreement. If you do not agree with any of the terms or conditions outlined herein, please refrain from using SmilePass Services.
2.1. Becoming a SmilePass User: SmilePass is available for Users of the SmilePass services. By accessing any of the SmilePass Services or purchasing services and products from a dental service provider via our platform, you become a SmilePass User (or “User”).
2.2. General Use: As a User of the SmilePass services, you are granted a limited, non-exclusive, revocable licence to access and use the services in accordance with these Terms.
2.3. SmilePass Account: to fully utilise the range of services offered by SmilePass, you may be prompted to create an account by providing basic credentials like your email address and a secure password. We recommend creating a robust password that includes a mix of upper and lower-case letters, numbers, and special characters.
2.4. Data Integrity: as a User, you commit to the following:
2.4.1. Supply information that is complete, current, and truthful when requested.
2.4.2. Regularly review and update your account details to keep it true, accurate, current, and complete
2.5. If we find or have reason to believe that the information you have supplied is incorrect, outdated, or incomplete, or if you violate these Terms in any manner, we reserve the right, at our sole discretion, to restrict or terminate your access to your SmilePass account and any associated services.
2.6. Securing Your Credentials: you are exclusively accountable for:
2.6.1. authorising, monitoring, controlling access to, and maintaining the strict confidentiality of your access credentials
2.6.2. preventing unauthorised use of your account by not sharing your login details.
2.6.3. Any losses or damages resulting from your failure to securely manage your login details.
2.7. User Responsibilities: You agree to abide by all applicable local, state, and federal laws and regulations with respect to your use of the SmilePass services. You are solely responsible for all acts or omissions that occur under your account, including the content of the communications made through the service. You agree that you will not misuse the SmilePass services, including but is not limited to the following actions:
2.7.1. Using the SmilePass services for any purpose that is unlawful or prohibited by these Terms.
2.7.2. Copying, displaying, or distributing any part of the SmilePass services in any medium without our prior written consent.
2.7.3. Using the SmilePass services, in whole or part, for any commercial purpose without our express written permission. This includes selling, bartering, disposing of, or otherwise transferring any services obtained through the SmilePass services in violation of these Terms or any of the Dental Service Providers’ terms and conditions.
2.7.4. Using the SmilePass services in a manner that could damage, disable, overburden, or impair SmilePass or interfere with any other party’s use and enjoyment of the SmilePass services.
2.7.5. Employing automated devices, such as spiders, robots, or data mining techniques, to catalogue, download, store, reproduce, or distribute content available on the SmilePass services.
2.7.6. Manipulating the services or using any form of data extraction tool, or any other action that imposes an unreasonable or disproportionately large load on the services.
2.7.7. Taking any action to interfere with, interrupt, destroy, or limit the functionality of the SmilePass services or any computer software or hardware or telecommunications equipment.
2.7.8. Distributing or transmitting any content or software or other computer files that contain a computer virus, Trojan horses, worms, time bombs, or other harmful components.
2.8. SmilePass disclaims any liability for losses or damages arising from your failure to comply with these guidelines or from any unauthorised use of your account. You must immediately notify SmilePass if you become aware of any unauthorised use of your access credentials or any other concerns that you have about the misuse or security of your SmilePass Account by using the contact information listed below.
3.1. Nature of Membership: The SmilePass Membership is a platform that facilitates the creation and management of membership plans for Dental Service Providers. SmilePass is NOT a dental insurance provider and the memberships facilitated through SmilePass should not be considered a substitute for dental insurance.
3.2. Provider-Defined Terms: the benefits, fees, eligibility criteria, and schedule are set and managed by the individual Dental Service Providers. SmilePass does not have any control over these aspects of the membership plans.
3.3. Offer limitations: offers cannot be combined with other promotional offers or discounts
3.4. Membership Fees and Payments:
3.4.1. Automatic Charges: The bank account or credit card on file will be automatically charged periodically by a third-party partner until the membership is cancelled.
3.4.2. No Refunds: The Membership is non-transferrable, and no refunds will be issued for any reason including non-utilisation.
3.4.3. Fees and Payments: All fees, including those for additional treatments and services, are set by the Dental Service Providers at the date of service. Payment is due on the date of service to qualify for any discounts.
3.4.4. Changes in Fees: The Dental Practice Provider reserves the right to change fees for dental services at any time without prior notice.
3.5. Appointment Scheduling & Cancellation: It is the member&cute;s responsibility to schedule and keep all appointments offered as part of the SmilePass Membership Program, including Dental Check-Ups & Cleans. Dental Service Providers set their own appointment scheduling and cancellation policies. Members must adhere to these policies.
3.6. Expiration Rules: All services and products included in your membership plan must be completed or collected before the plan’s expiration.
3.7. Provider-Defined Term: The term of each membership plan, including any lock-in or commitment periods, is set by the Dental Service Providers. SmilePass will facilitate the communication of these changes as necessary.
3.8. Backdating Prohibited: Membership cannot be backdated to include previous treatments.
3.9. Shared SmilePass Accounts: If you choose to add family members or friends to your SmilePass Account, please be aware that SmilePass may need to share certain care-related information with the originating Member who is responsible for and/or listed on the SmilePass Account. This could include, but is not limited to, information related to dental treatments or other health care services. By adding family members or friends to your SmilePass Account or by being added to another Member’s SmilePass Account, you expressly consent to such sharing of information. You understand and agree that SmilePass will not be responsible for any losses, damages, or injuries that may arise, either directly or indirectly, as a result of this sharing of information among SmilePass Members that share the same SmilePass Account.
3.10. Plan Specific Terms and Conditions: Annex A will describe the specific terms and conditions of your plan, including the services and benefits included and a detailed description of each benefit.
3.11. Termination by Dental Service Provider: The Dental Service Provider reserves the right to terminate the membership at any time, at their sole discretion, with or without cause. The Dental Service Provider may decide to terminate the membership in case of patient&cute;s non-compliance with oral health guidelines and regular visits.
3.12. Membership lock-in period: The terms and conditions specific to your plan, including any lock-in periods, are detailed in Annex A. If a Membership is cancelled before the end of this lock-in period, the participant is responsible for the remaining balance. After the lock-in period, the Membership can be cancelled at any time.
3.13. Limitation of Liability: SmilePass acts as a platform for facilitating membership plans and is not responsible for the quality, timing, or legality of Dental Services provided by Dental Service Providers.
4.1. Nature of Relationship with Providers: SmilePass serves as a facilitative platform allowing Dental Service Providers to create, manage, and offer payment options. While we strive to work with reputable Dental Service Providers, we do not have control over, nor do we endorse, the services they provide.
4.2. No Responsibility for Provider Services or Products: SmilePass assumes no responsibility for any dental services, treatments, or products provided by Dental Service Providers. Any issues or disputes concerning the services should be directed to the respective Dental Service Provider.
4.3. Inaccuracies, Misrepresentations, and Errors: SmilePass shall not be responsible for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers.
4.4. No Guarantee of Provider, Provider Services, or Provider Products: SmilePass makes no warranties or guarantees regarding the quality, safety, legality, availability or timeliness of services or products offered by Dental Service Providers. Users must exercise their own judgement and due diligence when selecting a provider and services.
4.5. No Medical Advice or Inquiries: SmilePass does not provide medical advice, respond to medical inquiries, endorse any specific medical procedure, product, test, or opinion. We also make no representation or warranties with respect to any Provider or the quality of healthcare services or products they may provide.
4.6. Limitation of Liability: To the fullest extent permissible under applicable law, SmilePass shall not be liable for any direct, indirect, special, incidental, or consequential damages that result from the use of, or the inability to use, the platform, even if advised of the possibility of such damages. SmilePass’s total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you for accessing or using our platform.
4.7. Disclaimer: While SmilePass takes reasonable steps to vet Dental Service Providers, it is the responsibility of the members to perform their own due diligence and make informed decisions. SmilePass does not warrant the accuracy or completeness of information provided by Dental Service Providers, nor does it endorse any particular Dental Service Provider.
5.1. DDR Authorisation: SmilePass utilises specialised third-party companies for payment processing. By agreeing to this DDR Service Agreement, you authorise our third-party partners to collect payments for your SmilePass Service and any additional services directly from your nominated bank account or credit card on behalf of SmilePass.
5.2. All financial services, including payment processing, are provided and managed by third-party partners. SmilePass does not function as a payment gateway.
5.3. Payment Schedule: Payments will be debited from your nominated account in accordance with the payment schedule agreed upon using a SmilePass Service.
5.4. Payment Method Storage and Use: you authorise our third-party partners to store your payment details securely and charge your saved payment method for future transactions as outlined in the service agreement. You can manage your payment methods and withdraw this consent at any time by contacting us.
5.5. Offline Charges Agreement: You agree that we may initiate charges to your saved payment method for approved transactions. These transactions may be for scheduled payments as part of your membership plan, unscheduled top-ups as needed, or other services you have subscribed to. We will provide detailed invoices and notifications for each transaction initiated this way.
5.6. Insufficient Funds: It is your responsibility to ensure that sufficient funds are available in your nominated account to cover the debit payments. In the case of an unsuccessful transaction due to insufficient funds, you may be subject to additional fees and charges levied by the third-party financial service provider.
5.7. Cancellation and Amendments: You have the right to cancel or amend this DDR Service Agreement at any time by contacting us via the communication channels specified in the “Contact Information” section. Please note that cancellations or amendments are subject to the terms and conditions agreed on this document.
5.8. Disputes: If you believe that a debit has been initiated incorrectly, please contact us immediately. We will investigate the matter and where necessary, will arrange for the debit to be reversed through our third-party financial service provider.
5.9. Liability: SmilePass is not liable for any fees, charges, or penalties incurred as a result of an unsuccessful debit attempt or as a result of any actions taken by the third-party financial service provider or your financial institution.
5.10. Contact Information for DDR Service Agreement Inquiries: For any questions or concerns regarding this DDR Service Agreement, you may contact us through the methods specified in the “Contact Information” section.
6.1. By enrolling as a SmilePass User, you consent to receiving communications from us regarding your account, including but not limited to, enrolment matters, scheduled payments, missed payments, and support services. These communications may be delivered through various methods, such as automated telephone dialling systems, text messaging, electronic mail, or postal mail.
6.2. Please note that any messages directly related to your actual dental or healthcare treatments will not be conveyed in these automated communications. Instead, you will be advised to contact your Dental Service Provider directly for such matters.
6.3. Automated Telephone and Text Messages: You hereby grant us permission to call or send text messages to any telephone numbers you have provided to us, or may provide to us in the future, using automated systems or prerecorded messages.
6.4. Electronic Mail and Postal Communications: You also consent to receive communications from us via electronic mail or postal mail.
6.5. Privacy and Third-Party Access: You understand that these communications may be accessible by individuals other than yourself if they have access to your telephone or email account. SmilePass is not liable for any loss of privacy, inconvenience, or annoyance caused to you in connection with such communications.
6.6. Updating Contact Information: If there is a change in any telephone numbers or email addresses you have provided to us, or if you cease to be the owner, subscriber, or primary user of these contact details, you should promptly notify us so that we can update our records accordingly.
6.7. Contacting Us for Inquiries: For any questions, concerns, or updates regarding your account, you may reach out to us through the following channel:
Email: contact@smilepass.co
7.1. Copyright: All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters related to the SmilePass Services are protected under applicable copyrights, trademarks, and other proprietary rights. The copying, redistribution, use, or publication by you of any part of the SmilePass Services, unless explicitly permitted, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the SmilePass Services.
7.2. Trademarks: The SmilePass name, the SmilePass logo, and all related names, logos, product and service names, designs, images, screen shots, text, digitally downloadable files and slogans are trademarks of SmilePass or its affiliates or licensors. You must not use such marks without the prior written permission of SmilePass. All other names, logos, product and service names, designs, and slogans on this platform are the trademarks of their respective owners.
7.3. User Content and Social Media Use: By posting content related to SmilePass on social media or other public platforms, you grant SmilePass a non-exclusive, royalty-free, irrevocable, and perpetual licence to use, reproduce, modify, display, and distribute such content for promotional or any other purposes, in any media formats. You represent and warrant that you own or control all rights to the content you post and that the content is accurate and does not violate these terms or any applicable laws.
7.4. By using SmilePass Services, you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to SmilePass are not confidential and you grant us a worldwide, royalty-free licence to distribute, publish, modify, edit or otherwise use your submissions. SmilePass is entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8.1. Commitment to Security: SmilePass is committed to ensuring the security and privacy of your data. We employ industry-standard security measures, including encryption and secure protocols, to protect your information from unauthorised access, alteration, or disclosure.
8.2. Data Protection: SmilePass complies with all applicable data protection laws and regulations. We maintain a robust data protection policy that governs how we collect, use, and store your information. We do not sell or rent your personal information to third parties.
8.3. User Data Privacy: Your privacy is of utmost importance to us. Any personal information you provide, such as your name, address, and medical history, is kept strictly confidential. This data is used only for the purposes described in our Privacy Policy, such as providing services, communicating with you, and enhancing user experience.
8.4. Third-Party Services: SmilePass may share limited information with third-party services strictly for the purposes of facilitating transactions or services.
8.5. Cookies and Tracking Technologies: SmilePass may use cookies and similar tracking technologies to enhance user experience and for analytical purposes. By using our services, you consent to the use of these technologies as described in our Privacy Policy.
8.6. User Responsibility: While we take stringent measures to protect your data, it is also your responsibility to keep your account credentials secure. SmilePass is not liable for unauthorised access to your account due to compromised credentials.
8.7. Breach Notification: In the unlikely event of a data breach, we will promptly notify affected users and take all necessary steps to minimise the impact, as required by applicable laws.
8.8. Contact for Privacy Concerns: If you have any concerns about how your data is being used or stored, you can contact us at contact@smilepass.co.
9.1. General Disclaimers: While SmilePass endeavours to provide a reliable and functional platform for dental service providers and users, the service is offered “as-is” and “as available,” without any warranties or representations of any kind, either express or implied. This includes, but is not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2. No Medical Advice: SmilePass does not provide medical advice, respond to medical inquiries, endorse any specific medical procedure, product, test, or opinion, or make any representation or warranties with respect to a Provider or the quality of services or products they may provide. SmilePass is not responsible for the healthcare or related services or products that a Provider may provide.
9.3. No Responsibility for Provider Services or Products: SmilePass has no responsibility for any inaccuracies, misrepresentations, misdiagnoses, treatment errors, or other acts or omissions of the Providers. Your interactions and dealings with dental service providers are solely between you and such providers, and you should exercise due diligence before making any healthcare decisions based on services or information provided through the SmilePass platform.
9.4. Limitations of Liability: To the extent permitted by applicable law, SmilePass shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if SmilePass has been advised of the possibility of such damages), resulting from your use or inability to use the service. SmilePass is not responsible for the actions or omissions of third-party partners involved in financial transactions or other services. These third-party partners are solely responsible for all aspects of processing payments, including the security and handling of your financial information. SmilePass disclaims all liability for any issues that may arise from the use of third-party services.
9.5. User’s Responsibility: The user is solely responsible for any and all decisions made based on the information or services provided through SmilePass. Users are responsible for reading and understanding the terms and conditions as well as privacy policies of these third-party partners before engaging in any transactions. Any transaction issues, discrepancies, or disputes must be resolved directly with the respective third-party partner.
9.6. Indemnification: You agree to indemnify, defend, and hold harmless SmilePass, its directors, officers, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your use of or inability to use SmilePass or services therein, your violation of any terms of this agreement or your violation of any rights of third parties, or your violation of any applicable laws, rules or regulations.
10.1. Unpaid Accounts: If you fail to make a payment under the terms of your SmilePass Service or any other agreement you may have with a Dental Service Provider facilitated through SmilePass, your account may be considered delinquent.
10.2. Debt Collection: SmilePass reserves the right to employ third-party collection agencies to recover any outstanding amounts. You agree to reimburse us for all expenses incurred to recover such sums, including attorneys’ fees and other legal expenses.
10.3. Penalties and Fees: Failure to make timely payments as stipulated in your agreement may result in late fees, and suspension or termination of services. Additionally, a fee may be imposed for any payment instruments returned or declined by your financial institution.
10.4. Credit Reporting: Defaulting on payments could lead to negative reports on your credit history, thereby affecting your credit score.
10.5. Termination of Services: SmilePass may suspend or terminate your SmilePass Account, the SmilePass Services, and Dental Provider services (or any portion thereof) if you default on your payment obligations.
10.6. Legal Actions: SmilePass reserves the right to take any legal actions deemed necessary to recover unpaid balances.
11.1. Early termination: This Contract may be terminated at any time with the agreement of the Dental Service Provider. You shall not consider that this Contract has been terminated until such time as termination is confirmed in writing to You by SmilePass and/or the Dental Service Provider to the last electronic address that SmilePass has on record. Termination of this Contract will also terminate the instruction to accept direct debits.
11.2. Termination by SmilePass: SmilePass reserves the right to terminate or suspend your account and access to the SmilePass Services and Dental Provider services (or any portion thereof) at any time, without notice, for conduct that violates these Terms or is harmful to other users of SmilePass, Dental Service Providers, third parties, or for any other reason that SmilePass deems appropriate.
11.3. Termination by User: You may terminate your SmilePass account at any time by contacting our customer service team. However, termination by you before the end of any committed service period may result in additional charges or fees.
11.4. Suspension for Non-Payment: Failure to pay any fees or charges, including but not limited to membership fees and late payment fees, may result in suspension of services until such fees are paid in full.
11.5. Effect of Termination: Upon termination or suspension, regardless of the reasons, your right to use the services available on the SmilePass platform immediately ceases, and you acknowledge and agree that SmilePass may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site.
11.6. Survival: Certain provisions of these Terms will survive termination, including, without limitation, the sections relating to Intellectual Property Rights, Disclaimers and Limitations of Liability, and Debt Collection and Penalties.
11.7. Data Retention: Upon termination of your account, SmilePass may retain your data for a period of time consistent with applicable regulations and laws. Please refer to our Privacy Policy for more details on our data retention practices.
11.8. Reinstatement: Reinstatement of a terminated or suspended account is at the sole discretion of SmilePass or Dental Service Provider and may require you to pay any outstanding balance and a reinstatement fee.
12.1. Initial Resolution Attempts: If a dispute arises between you and SmilePass or your Dental Service Provider, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact our Customer Support team to seek a resolution.
12.2. Arbitration: If the parties cannot resolve the dispute through Customer Support, the parties agree to arbitrate any and all disputes or claims under these Terms, or in connection with any aspect of the services, including any dispute regarding the construction or application of this arbitration provision.
12.3. Exclusions: Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek temporary or preliminary specific relief in a court to prevent irreparable harm pending the resolution of the arbitration.
12.4. Governing Law: This Agreement (and any non-contractual obligations relating to it) will be governed by and construed in accordance with the laws of Queensland, Australia, and the courts of Queensland will have exclusive jurisdiction regarding any disputes arising from or in connection with this Agreement. You waive any objection to any proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inappropriate forum.
13.1. Entire Agreement: These Terms, along with any additional terms and policies referenced herein, constitute the entire agreement between you and SmilePass and govern your use of the SmilePass services, superseding any prior agreements between you and SmilePass.
13.2. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
13.3. No Waiver: The failure of SmilePass to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of SmilePass. SmilePass may assign or transfer its rights and obligations under these Terms without restriction.
13.5. Force Majeure: SmilePass shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, or other unforeseen circumstances.
13.6. Headings: The section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
13.7. Amendments: SmilePass reserves the right to amend or modify these Terms at any time, and it is your responsibility to review these Terms for any changes. Your use of the SmilePass services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
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