Terms of use

Last updated: 11 July 2022

Please note that some of our dental practices have their own privacy policies – in that case, the practice’s privacy policy will appear on its website and will be available at the practice, and will apply to that practice’s handling of your personal information when you interact with them.

Website terms of use

In these Terms of Use, the terms ‘National Dental Care’, or ‘NDC’, or ‘DB Dental’, or ‘us’ and ‘we’ and ‘our’ refer to NDC Australia Pty Ltd, ABN 49 162 955 866, our related entity and Smilefund plan provider NDC Service Co Pty Ltd, ABN 11 162 958 072, and our other non-National Dental Care, non-DB Dental branded dental practices.

The terms ‘you’ and ‘your’ refers to each user or viewer of this Website.

1. Rights in website and content

The Website and its content including the text, graphics, logos, icons, images, video and audio clips, designs, interfaces and the layout of the website and all the intellectual property rights in such content, are owned or licensed by National Dental Care and is protected by applicable copyright and other laws.

Unless specifically permitted by us, you must only access, download and use the content for your own personal and non-commercial purpose, and must not otherwise use, copy, reproduce, modify, publish or transmit any content without our prior written consent. You must not remove any copyright, trade mark or similar notices from any content.

The website features and the content may feature trade marks which are protected by law. You may not use any NDC trade marks without our prior written consent, except to legitimately identify National Dental Care or our products and services.

Nothing contained on the website or in these terms of Use should be construed as granting you any licence or right to use the intellectual property rights in any content (other than as set out above), without the express written permission of NDC or the relevant owner.

2. Your use of content

Content on this website is provided for your general information and use only. It is not intended as medical, health or other professional advice, and should not be relied upon as a substitute for consultation with a qualified health professional who can provide you with advice specific to your individual healthcare needs.

Neither we, nor any third parties featured on this website can provide any warranty or guarantee(s) as to the accuracy, timeliness, performance, completeness and/or suitability of any Content for any particular purpose. Although we make reasonable efforts to check and update information and other Content provided on the Website, you acknowledge that such information and Content may contain inaccuracies and/or errors, and we expressly exclude liability for any such inaccuracies and/or errors to the fullest extent permitted by law.

This Website includes links to other websites of third parties, which are provided for your convenience to provide further information. This does not mean that we endorse those websites, nor are we affiliated with those websites (unless stated otherwise). We have no responsibility for the content found on those linked websites.

We may, at any time:

• Update Content without warning, as we see fit.
• Remove any user content we consider does not comply with these Terms of Use.
• Refuse to use or publish any user content we consider does not comply with these Terms of Use.

3. Website and information security

The transmission of information over the Internet is not completely secure or error free. In particular, emails or other communications to or from us and information submitted to or accessed via the Website may not be secure and you should use discretion in deciding what information you send to us via these means.

Emails or other communications to or from us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code, and we do not warrant that the Website or any Content you download or access from the Website will be secure or free from viruses or harmful code.

You are responsible for configuring your technology to access the Website, and you should use your own anti-virus software.

We do not guarantee that the Website or any Content will always be available. We may suspend or withdraw or restrict the availability of any or any part of the Website or Content from time to time for any reason.

4. Privacy

Any personal information collected by us through your use of the Website or other services we provide will be handled by us in accordance with our Privacy Policy. Please read that document before you provide any personal information to us. Please note that some of our dental practices have their own privacy policies – in that case, the practice’s privacy policy will appear on its website and will be available at the practice, and will apply to that practice’s handling of your personal information when you interact with them.

5. Prohibited website uses and activities

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that you must not:

1. Hack into, change or otherwise interfere with the operation of the Website, and/or material and content contained on it or linked to it.
2. Use the Website to engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which may harm us or other users of the Website or expose us or them to liability.
3. Upload anything to this Website that:
   i. Is (or could be considered) unlawful, obscene, inappropriate, racist, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy.
   ii. Is in anyway misleading and/or deceptive.
   iii. Contains viruses, corrupted files, or any similar software programs (such as malware) that may damage the Website or the operation of any computer / device.
   iv. Would otherwise bring the National Dental Care group or any member of our network of practices, or suppliers into disrepute.

6. Indemnity

You indemnify and hold us and our directors, officers, employees and agents (Indemnified Persons) harmless from and against any and all liability, costs, claims, losses, damages and expenses (including all reasonable legal fees), which may be suffered, incurred, made or brought against any of the Indemnified Persons, directly or indirectly, in connection with:

• Any breach of these Terms of Use by you.
• Any act of fraud or wilful misconduct by or on behalf of you in connection with this Website.

7. Limitation of liability

To the maximum extent permitted by law, NDC and its directors, officers, employees and agents exclude all liability for any loss, damage or injury (including, without limitation, direct, indirect, special or consequential loss, loss of profits, loss of data or loss of opportunity) which you may suffer whether arising under contract, tort (including negligence), equity, statute or any other cause of action, or otherwise resulting from your access to (or inability to access) or use of the Website, and you release us from all such claims and liability.

Nothing in these Terms of Use restricts, excludes or modifies any right that cannot be excluded by us under any applicable law including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). If we are liable for a breach of a consumer guarantee (or any other term implied by law) and that liability cannot, by law, be excluded but can be limited, our liability is, to the maximum extent permitted by law, limited (where permissible) to, at our election, replacing or resupplying the relevant goods or services, or paying the cost of such replacement or resupply.

8. Other terms and conditions

Additional terms and conditions (contained on this page below and elsewhere on this Website) also apply to specific parts or features of the Website, and to particular products, services and promotions featured on the Website, or offered by a particular a National Dental Care group practice. Please review those additional terms and conditions carefully.

9. No waiver

If we do not take action in relation to a particular breach by you of these Terms of Use, this will not be treated as a waiver by NDC of any right or remedy in respect of any existing or future breach of these Terms of Use by you.

10. Severability

If any provision of these Terms of Use is invalid or unenforceable in any relevant jurisdiction, then to the extent it is invalid or unenforceable it will be severed from these Terms of Use for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Service.

11. Governing law

These Terms of Use are governed by the laws of the State of New South Wales, and you agree that the courts of the State of New South Wales will have exclusive jurisdiction.

Practice policy

1. Treatment plan validity

• The item(s) and fees listed in your treatment plan(s) will remain valid for 90 days - from the date of issue.
• Overdue treatment plans will require additional consultation with a dentist to review and confirm the proposed treatment(s) and fees – this will be billed at our standard consultation rate(s).

2. Health insurance and dental extras

• We accept all major health insurance providers.
• Our practices may be classified as preferred providers for selected health funds.
  Patients will need to check with their local practice for more information about preferred provider status.
• Patients will need to check their health fund policy to determine which portion of fee's may be covered by their health insurance.

3. National Dental Care reserves the right to...

• Cancel and/or rearrange appointments, dependant on availability and suitability.
• Charge additional fees for failure(s) to attend (FTA) pre-booked appointments
  i. Actual fees will be at the discretion of the treating practice.
• Change applicable condition(s) and/or price of any valid offer(s) of a treating practice.

Payment options

1. General

At National Dental Care, we accept a diverse range of payment(s):

• Cash
• EFTPOS
• Debit cards (so long as they are attached to a bank account)
• Credit cards (so long as they are not pre-paid)
  i. Visa
  ii. MasterCard™
  iii. American Express®
• HICAPS
• Payment Plans / Finance Options
  i. Smilefund
  ii. Afterpay

2. Smilefund

Smilefund is a product of National Dental Care. Eligibility to use SmileFund at a National Dental Care group practice, and SmileFund’s terms of service (including required deposits, approval processes and fees) are determined by National Dental Care. For more information about SmileFund and the terms of service in Australia, visit www.nationaldentalcare.com.au/smilefund.

• SmileFund is accepted at all of National Dental Care group practices, at the discretion of each practice.
• You must be over the age of 18 years.
• By supplying the merchant with personal information, you give permission for NDC to:
  i. Check your personal and commercial credit files with a credit reporting agency.
  ii. Give a credit reporting agency information about you including information that will identify you; that you have
  iii. applied for credit and the amount; the NDC has supplied credit to you and any other information relevant to the
  iv. operation of your credit facility.
  v. Exchange information with credit providers named in the credit report obtained from the credit reporting agency.
  vi. Obtain information to verify your financial position from your account, if applicable.
  vii. Disclose and receive from this merchant, name.
• Any reductions in the amount the applicant’s health fund is willing to cover, will be the responsibility of you, the applicant.

3. Afterpay

Eligibility to use Afterpay at a National Dental Care group practice, and Afterpay’s terms of service (including preapproval process and any fees) are determined by Afterpay. For more information about Afterpay and their terms of service in Australia, visit www.afterpay.com/en-AU/terms-of-service.

• Afterpay is accepted at all of National Dental Care group practices, at the discretion of each practice.
• You must be over the age of 18 years
• You must be the authorised holder of an eligible debit/credit card in order to apply for Afterpay.
• All orders are subject to Afterpay’s approval. For more information on assessments and approval, visit the Afterpay website.
• Late fees will apply if payment is not processed on or before the scheduled due date. For more information on payments and late fees, visit the Afterpay website.

4. Referral Rewards

An exclusive $25 reward voucher is available exclusively to existing patients, when referring a new patient to a National Dental Care group practice – exclusions apply.

• Reward is dependent on the completion of the referred patients first visit; a voucher will be emailed or posted to the referring patient.
• Both the referred and referring patients must be over the age of 18 years.
• One referral voucher per new patient referral.
• Cannot be used in conjunction with any other offer(s).
• Referral vouchers cannot be exchanged for cash.

Our exclusive referral rewards program is not available at all dental practices; check with your local practice for more information.

5. Health Funds

Please note you will need to check your health fund policy to determine which portion of your fee is covered. While National Dental Care and DB Dental practices accept all major health funds, not all health funds offer the same level of benefits and your level of cover will affect your “out-of-pocket” costs.

In addition, many of our practices are classified as preferred providers for selected health funds. This allows our patients to gain access to additional exclusive benefits, depending on their health fund and level of health cover. Please check with your local practice for more information.