WEBSITE TERMS AND CONDITIONS OF USE
1. About the Website
1.1. Welcome to www.bruxident.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed on the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by BRUXIDENT (ABN 16 656 570 491). Access to and use of the Website, or any of its associated Products or Services, is provided by BRUXIDENT. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. BRUXIDENT reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BRUXIDENT updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
2.1. You accept the Terms by using and remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BRUXIDENT in the user interface.
3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) email address;
(b) preferred username;
(c) mailing address;
(d) telephone number; and
3.2. You warrant that any information you give to BRUXIDENT in the course of completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the Website (“Member”) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with BRUXIDENT; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BRUXIDENT of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BRUXIDENT providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by BRUXIDENT for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
CONDITIONS OF SALE
Your purchase includes an impression kit, to construct your Product. If additional materials are required BRUXIDENT will cover the cost of the replacement impression material on one occasion only, however the customer must pay any postage charges. Any additional materials required thereafter are at the purchases cost including postage.
You must return the impression kit to BRUXIDENT within one month of receipt of the impression kit by you from BRUXIDENT . In the event that the completed impression kit is not returned within one month, BRUXIDENT has no obligation to complete the order or provide a refund.
As set out below under the Warranties, you acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products is most suitable to you.
These Conditions of Sale may change from time to time and you are required to revisit these before placing any order for Products to ensure that these Conditions of Sale have not changed.
BRUXIDENT reserves the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products. Your contract with BRUXIDENT for any Website purchase of the Products will only come into existence when BRUXIDENT forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
BRUXIDENT reserves its rights to register its interest in the Products on the Personal Property Securities Register.
BRUXIDENT will provide you with a tax receipt for any purchase of the Products from the Website (invoice).
Acceptable payment methods for any purchase of the Products include all major credit cards and/or electronic bank transfer unless otherwise agreed with BRUXIDENT. Payment is required in full on completion and processing of the sale of the Products.
Once the purchase is made, the sale is final and can not be cancelled or redeemed for credit.
5. Money Back Guarantee
We extend to you the right to return to us any of the Products and to receive a refund to the value of the Products’ purchase price minus postage and impression kit fee in accordance with the following guarantee (Money Back Guarantee).
The Money Back Guarantee is only valid for an initial seven (7) day period following the receipt of the Products by you (Guarantee Period). Following the Guarantee Period, the money back guarantee does not apply.
If within the Guarantee Period you are not satisfied with the Product, you may seek a refund by notifying us in writing (Notice), prior to the expiry of the Guarantee Period. You must then return the Product within seven (7) days of the Notice having been provided. We may then elect (at our discretion) to refund to you an amount equal to the amount previously paid by you for the Products (minus any postage and impression kit costs).
This Website is provided “as is” and BRUXIDENT excludes all warranties of any kind to the fullest extent permissible by law.
BRUXIDENT does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.
Other than as expressly provided for in these Terms and Conditions, BRUXIDENT exclude all imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
Except as expressly otherwise provided in these Terms and Conditions, BRUXIDENT shall not be liable for any loss, harm, injury, death or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from the Products, Website or services provided by BRUXIDENT to you or for any other reason.
To the extent that BRUXIDENT are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms and Conditions or for any other reason, such liability is limited to the amount of the price of the Products concerned that you have actually paid to us.
If Products are returned by you, or if you make a claim in writing to BRUXIDENT in relation to the Products, Website or associated services provided, BRUXIDENT reserves its right to assess any claim made by you and if reasonable, may, repair or replace the Products or refund the price of those Products to you. It is the Purchasers responsibility to provide proof of the purchase of the Product.
You agree that this Website is provided free of charge. BRUXIDENT shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. BRUXIDENT may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of BRUXIDENT.
BRUXIDENT shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by BRUXIDENT. BRUXIDENT does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does BRUXIDENT warrant that material on other websites does not infringe the intellectual property rights of any other person.
The Website is intended for use within Australia only unless otherwise specified. BRUXIDENT makes no representation that any product or service referred to on its Website is appropriate for use, or available, outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.
By using this Website and/or the Products, you consent to the Terms and Conditions and disclaimers, as defined by BRUXIDENT. BRUXIDENT reserves the right to change these conditions from time to time without giving you prior notice.
Your use of any materials or information provided on this Website and/or the Products is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Products.
Each Product provided by BRUXIDENT is provided with a one (1) year warranty with respect to the manufacturing and any material defects from the date of purchase.
You acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products suits your dental issues. Unless otherwise provided in these Terms and Conditions, BRUXIDENT will have no liability to you whatsoever in respect of your selection of any of the Products.
The warranty set out in these Terms and Conditions is strictly conditional upon the following:
1. the consent form being fully completed by you and be accurate;
2. you complying fully with each and every instruction, procedure and requirement of BRUXIDENT including (but not limited to):
a)reading, acknowledging and agreeing to the Terms and Conditions of BRUXIDENT;
b) reading, acknowledging and agreeing to the warranties and disclaimers provided on our website; and
c) complying with each step online and when in receipt of the kit.
In particular (in relation to the Products) that:
1. you do not wear fixed orthodontics;
2. you do not at any time during the process have any loose teeth;
3. you do not at any time during the process have any loose crown(s);
4. you do not at any time during the process have any loose bridge(s);
5. at the time the impression was made by you, all dental appliances had been removed; and
6. you viewed the online video on the Website in full during the process of and in real time with making the impression.
The process of obtaining the impression and the provision of the Products by BRUXIDENT is strictly subject to full compliance by you with each and every step and requirement of BRUXIDENT and any failure by you to do so vitiates any warranty provided by BRUXIDENT.
The provision of information by you is strictly and solely your responsibility and will be relied upon by BRUXIDENT in relation to the Products.
Time estimates for provision of the Products are strictly estimates, not a contractual term. BRUXIDENT will make reasonable attempts to meet such time frames but it is not obliged to comply with them.
You acknowledge that the Purchase Services offered by BRUXIDENT integrate delivery (the ‘Delivery Services’) through the use of third party delivery companies where required (the ‘Delivery Service Providers’).
You acknowledge and agree that BRUXIDENT is not the provider of these delivery and service providers and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of BRUXIDENT are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by BRUXIDENT or its contributors.
8.2. BRUXIDENT retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of BRUXIDENT; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of BRUXIDENT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any
way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
10. Limitation of Liability
BRUXIDENT’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of BRUXIDENT is the resupply of information or Purchase Services to you.
You expressly understand and agree that BRUXIDENT, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
BRUXIDENT is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of BRUXIDENT, by third parties or by any of the Purchase Services offered by BRUXIDENT.
You acknowledge that BRUXIDENT does not provide the Delivery Services to you and you agree that BRUXIDENT will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11.1.You agree to indemnify BRUXIDENT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of
or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
12. Dispute Resolution
12.1. If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
12.2. Notice: a party to the Terms claiming a dispute has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
12.3. Resolution: on receipt of that notice by that other party, the parties to the Terms must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator
or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
12.4. Confidential: all communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as prejudice; negotiations for the purpose of applicable laws of evidence.
13. Venue and Jurisdiction
The Purchase Services offered by BRUXIDENT is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.
14. Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
15. Force Majeure
If the performance of the BRUXIDENT’s obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, raw material shortage, breakdown of plant, transport or equipment or any other cause beyond the reasonable control of BRUXIDENT, BRUXIDENT will not be liable for any loss or damage suffered by you or any other person and BRUXIDENT will give you written notice if the force majeure event has continued unabated for thirty (30) days.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.5.