Terms and Conditions

April 2021

The following Terms and Conditions (“Agreement”) apply to your use of voguedentalstudios.com.au (the “Website”) and all services, including trade, provided on the Site, trading under Smile Tree PTY LTD as Vogue Dental Studios, 142 Surrey Road, Blackburn VIC 3130, Australia (ABN 89558398219). Vogue Dental Studios is the trading name for Smile Tree PTY LTD.

The Agreement is entered into by and between you and Smile Tree PTY LTD (hereinafter referred to as “Vogue Dental Studios”, “we”, “us”, or “our”). Your use of the Site will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to comply with this Agreement and its requirements, exit the Site.

If you have additional questions or require more information about our Terms and Conditions, do not hesitate to contact us at info@voguedentalstudios.com.au.

Your Acceptance

Smile Tree PTY LTD (referred to as Vogue Dental Studiosweour or us) permits users (referred to as you or your) to:

(a)  access and use the Vogue Dental Studios website (voguedentalstudios.com.au) (Website)

(b)  place an order for products, services or both (including retainers, splints, mouthguards, bleach, consultations, treatment deposits) (Order) through our online platform.

(c)  view and interact with any content, image, information, communications, advice, text or other material provided by Vogue Dental Studios ( Content); and

(d)  otherwise communicate with Vogue Dental Studios.

Subject to the following terms and conditions (Terms).

Disclaimers

We may from time to time review and update this Agreement to take account of new laws, regulations, practices, products or technology. We will give you notice of updated Terms by posting it on the Website or by email. Your use of the Website will be governed by the most recent Terms posted on the Website. You should check this page regularly and take notice of any changes made.

The Content is general and is provided for information purposes only. The Content is not and should not be regarded as advice, including legal or medical advice. To the fullest extent permitted by law, Vogue Dental Studios does not give any express or implied warranties and makes no representations in relation to the Website. While reasonable care is taken, Vogue Dental Studios does not guarantee or warrant the accuracy, reliability, completeness or currency of the Content and is not responsible for any errors, omissions or defects. Information on the Website should not be used without verifying that information from appropriate sources and obtaining professional advice.

For complete understanding of dental health and care information, please contact Vogue Dental Studios to speak to a healthcare professional or seek third party professional opinion. The content on Vogue Dental Studios should not be used instead of visiting, calling, consulting or advice of your actual dentist or professional care provider. Vogue Dental Studios does not recommend self-management of dental problems. Information discussed on this site is limited to our service and does not cover all aspects of dentistry. If you do are experiencing any pain or have any further questions regarding dental health, we advise that you contact your Vogue Dental Studios, your dentist or a health care professional immediately. Vogue Dental Studios discourages the neglect of dental or medical pain or delay in seeking assistance because of the information that may be attained on this website.

Security

To the fullest extent permitted by law, Vogue Dental Studios does not warrant that the Website itself is free from any computer viruses or other defects. Subject to the consumer guarantees provided for in the ACL, Vogue Dental Studios does not warrant that you will have continuous access to the Website.

Vogue Dental Studios does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties. Whilst Vogue Dental Studios takes reasonable care to protect information transmitted via the Website, Vogue Dental Studios cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.

Credit card transactions via the Website are fulfilled by a banking institution authorised under the laws applicable to the Website. Although Vogue Dental Studios engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.

Vogue Dental Studios does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website, and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

Limitation of Liability

Subject to these Terms, any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.

Vogue Dental Studios, its directors, employees, agents, contractors and related entities will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Content, all links to or from the Website, or the goods and services advertised or referred to on the Website.

Subject to these Terms, the maximum aggregate liability of Vogue Dental Studios for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of AUD$100.

Third Party Websites

The Website may contain hyperlinks to sites operated by third parties, such as Facebook, Twitter, Instagram, Pinterest and YouTube. These linked sites are not controlled by Vogue Dental Studios, and we are therefore not responsible for the content of those sites. These third party websites may have their own terms and conditions and privacy policy. Links are provided solely for your own convenience and Vogue Dental Studios decision to include a link does not constitute our recommendation or endorsement of the sites or the products and services they provide or offer. You access these sites and use or buy their products and/or services solely at your own risk. Vogue Dental Studios is not responsible for and will not be liable in respect of the content or operation of those websites, any of the goods, services or content that they describe or provide, or in respect of any incorrect link to an external website.

Indemnity

You will fully indemnify Vogue Dental Studios in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by you;

(b) your use of the Website or the Content; or

(c) your communications with Vogue Dental Studios.

Termination of Your Use

Vogue Dental Studios may at any time immediately terminate your access (including restricting access) to the Website, any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.

Applicable Law & International Use

By accessing the Website you accept that any disputes about the Website, or the Content are to be determined by the courts having jurisdiction in the State of Victoria, Australia, according to the laws in force in that State and subject to the application of any principle of conflict of laws inconsistent with this requirement.

As the Website can be accessed throughout Australia and overseas, Vogue Dental Studios does not represent that the Content complies with the laws of any country outside Australia or that any competition, offering or Content accessible through the Website is appropriate or available for use in locations outside Australia. If you access this site from outside Australia, you do so at your own risk and responsibility, and are responsible for making sure you comply with all applicable laws in the place you are located. You are not authorised to access the Website from any location where doing so would be illegal.

Privacy Policy

We handle your personal information in accordance with our Privacy Policy. In addition to reviewing this Agreement, we recommend that you should also read our Privacy Policy to better comprehend how we collect, use and handle your personal information.

Privacy Policy

Cookies

If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit the Website. Cookies allow Vogue Dental Studios to collect information about your computer, which may include your IP address, type of browser, operating system, domain name, and the details of any website which has referred you to this website. Vogue Dental Studios uses cookies to track and collect information about which parts of the Website and newsletter (including links to other websites) are being visited by you.

If you would rather not have this information stored on your computer, you can configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this website, including the purchase section.

Intellectual Property

The Website is owned and operated by or on behalf of Vogue Dental Studios. The Content is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.

All Content contained on the Website is protected by Australian and international copyright laws, unless indicated otherwise.

You may view the Website and the Content using your web browser and/or smartphone and save an electronic copy, or print out a copy of the Content or parts of this site or application for your own information, research or study. If you do, you must: (a) not change the Content from how it appears on this site unless authorised by Vogue Dental Studios and then only according the conditions as stipulated by Vogue Dental Studios; and (b) include the copyright notice "© Vogue Dental Studios 2020" on the copy.

You must not reproduce, frame, transmit (including broadcast), adapt, link to or use any of the Content on the Website, except as allowed by this site or as agreed by Vogue Dental Studios in writing.

Making copies of products or procedures displayed on the Website whether electronically or otherwise, with the intent of reproducing them in whole or in part is strictly prohibited.

Trademark Notice

The Website contains registered trademarks that are, unless shown otherwise, either owned or licensed by Vogue Dental Studios and are protected under the laws of Australia and other countries. You must not use Vogue Dental Studios trademarks, except: (a) by saving or printing out a copy of the Website as allowed under the copyright notice set out above; (b) as part of a legitimate reference to Vogue Dental Studios or a Vogue Dental Studios product or (c) with Vogue Dental Studios prior written consent.

The use of any trademarks on the Website that are not owned or licensed by Vogue Dental Studios is not intended to indicate any association with, or endorsement by, the owner of that trademark.

User Generated Content

By including @voguedentalstudios or @dr.dee_official in images or content you post on social media or other online platforms, you consent to us reposting and sharing your content via our social channels including, but not limited to, Instagram, Facebook, Twitter, Snapchat and Pinterest.

Prohibited Uses

You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:

(a) download (other than page caching) or modify the Website, or any portion of the Website;

(b) impersonate or falsely claim to represent a person or organisation;

(c) are commercial, including selling, marketing, advertising or promoting goods or services;

(d) frame the Website without Vogue Dental Studios express written permission;

(e) post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

(f) post, link to, or otherwise communicate or distribute any material or information that we deem inappropriate.

Terms of Trade

By placing an Order on our website you are making an offer and commitment to purchase products, services or both in accordance with these Terms. An Order is subject to acceptance or rejection by Vogue Dental Studios in its discretion after receipt of the Order. Provided you have not accepted delivery of the products, where possible, Vogue Dental Studios may in its discretion permit an Order to be cancelled. The Order cannot be cancelled by you once you accept delivery of the products and or book in the appointment.

Once you have placed an Order or booked your appointment in accordance with these Terms you will receive an email confirming the details of your Order and receipt of payment (where applicable) (Confirmation Email). Where your Order is not accepted by us, you will receive an email indicating that your Order has not been accepted. If you do not receive a Confirmation Email, please contact the Vogue Dental Studios Concierge to check the status of your Order and or appointment.

Notwithstanding anything to the contrary, we may at any time following receipt of your Order accept, decline, or limit your Order for any reason whatsoever, whether or not your credit card has been charged or we have otherwise received payment from you. We will issue you with a refund if your credit card (less transaction fees) has been charged or we have received payment from you and your Order is cancelled by us.

We may modify prices and product and service offerings at our discretion for any reason (including but not limited to changes in market conditions, product discontinuation, changes in availability, errors in advertising, and in other circumstances).

All updates and modifications to the Website including any changes to the Content, and all product and service pricing and offerings will be subject to these Terms. Any information we provide in relation to the availability of products is a guide only and is subject to change without notice. We will not be liable for any lack of availability of products or appointments.

Payments

Payment for an Order is made online through the website, in person or over the phone or via direct deposit. Unless otherwise indicated, all prices are displayed in Australian Dollars.

If you have a physical order, it will be delivered via Australia Post for Australian residents. E-gift cards will be delivered to the e-mail address you nominate in the gift card 'Recipient Email' field. All other purchases will be sent directly to reception who will confirm and apply the payment onto your account.

Vogue Dental Studios uses Braintree Pay by Paypal (https://www.braintreepayments.com/au) to provide the payment services for the Website. For more information on Braintree’s security processes, please visit their website at https://www.braintreepayments.com/au/legal/policy-updates

We accept Online Payment via Braintree using VISA, MasterCard, AMEX, Apple Pay, Google Pay or Paypal. We may add additional methods or remove current methods of accepting Online Payments from time to time which will be made clear at the checkout.

The credit card holder must be either the billing or shipping recipient. If not, reception staff may ask you to fill out a credit card authorisation form.

If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted Order/appointment from your nominated credit card account.

If we are unable to successfully process your credit card for your Order or appointment, then your order/appointment will be cancelled and we will contact you.

You must not pay, or attempt to pay, for Orders or appointments through any fraudulent or unlawful means.

We will provide you with a receipt at the time of confirmation of the Order/appointment (in respect of Online Payments) which specifies the total fees and charges for the products and services in your Order.

All payments via credit card are subject to a security and verification process by an external, fraud prevention provider. We may require additional information from you in order to verify your identity and/or payment method before approving your Order/Appointment or emailing your e-gift card. Where we cannot verify your payment method, your Order/Appointment will be cancelled.

The specific terms and conditions of supply for any products or services purchased via the website will be notified to you before you finalise your Order. Your confirmation of any Order indicates your acceptance of those terms and conditions of supply, which will upon confirmation of the Order be incorporated into these Terms in respect of that Order.

Risk and Title

In respect of Orders/appointments purchased to you using one of our third party couriers (i.e. Australia Post), then:

(a) title to the products in your Order passes to you upon delivery; and

(b) all risk of loss or damage to the products in your Order passes to you when we dispatch your Order from our premises or, in the case of e-gift cards, when the electronic transmission containing the e-gift card leaves our server.

Refunds

Purchased products cannot be returned or exchanged as they are customised to made for your teeth only.

The initial deposit for veneers ($1500) is non-refundable.

The initial deposit for Invisalign ($500) is non-refundable.

For full terms and conditions of refunds, refer to the refund policy.

Refund Policy

Gift Cards

All gift cards, including e-gift cards, are subject to the following terms.

(a) Gift cards can be redeemed from Vogue Dental Studios within 24 months from purchase date.

(b) Gift cards cannot be used to purchase other gift cards.

(c) Gift cards can only be used in Australian Dollar

(d) We reserve the right to cancel any gift card for any reason and at any time. Where we cancel a gift card, we will provide you with a refund or replacement gift card, other than where cancellation occurred due to suspicions of fraud or illegal activity.

The following additional conditions apply to the purchase of e-gift cards:

(e) E-Gift cards will be delivered to the email address entered by you in the gift card 'Recipient Email' field, and will be delivered separately to the Confirmation Email.

(f) It is your responsibility to correctly enter the email address for receipt of the e-gift card. E-gift cards cannot be refunded or replaced where you enter the incorrect email address, or where you share or forward the e-gift card in error.

(g) There may be a delay in receiving your e-gift card in accordance with the order confirmation Terms.

Promotions

Any specials or promotions can only be made available to our viewers after a careful evaluation has been done to assess your suitability for the specific treatment. Please note, results will vary for all patients which will be discussed with each individual patient prior to any commencement of treatment.

Complimentary Consultation

The complimentary consultation is only applicable for new patients only who are interested in orthodontic treatment which is inclusive of a comprehensive examination but does not involve diagnosis or assessment of any dental conditions or X-RAYS. This is specifically for a consultation appointment only in which the patients can discuss their concerns and have a broad idea of their orthodontic treatment options and available resolutions. It may also include taking photographs of the teeth. Further examination, cleans, radiographs or associated structures which will have to be at another appointment and will involve normal practice fees. Appointment times can vary between 30 to 90 minutes depending on what is required. We cannot guarantee a conclusive time frame for each patient and/or each appointment. Vogue Dental Studios charge $220 for cosmetic consultation appointments. This is applicable to use towards whatever treatment you choose to go ahead with, however, the chosen treatment can not be done on the same day as your consultation appointment.

Invisalign Add-on Packages

Vogue Dental Studios’ Prolong Your Smile Packages are a one-time offer, valid for patients proceeding with either Invisalign or orthodontic treatment. The total cost must be paid in full prior to starting your treatment. The total cost may be put on a payment plan if needed. If you have purchased the x2 clean package and choose to upgrade to the x4 clean package, you may do so only within 3 months of purchase.

Cleans are not transferable to any other patient; however, in-chair whitening treatment is transferable if you choose not to have it yourself. Each clean must be used within 12 months of purchase to be valid or they will be forfeited. Reminder text messages/emails or phone calls may be sent but it is the responsibility of the patient to call and book in an appointment time. Clean appointments can vary from 30-60 minutes. In-chair whitening appointments are approximately 1.5 hours. We cannot guarantee a conclusive time frame for each patient or each appointment.

Responsible Aesthetics

Vogue Dental Studios firmly believe in responsible aesthetics. Every cosmetic, medical or dental procedure, both invasive and non-invasive, have their inherent risks and benefits. Results shown may vary from individual to individual. Each patient will require a thorough examination and consultation for a personalized and private treatment plan and/or treatment suggestion(s). Please feel free to discuss this with your health professional prior to commencing any treatment.

Making informed decisions is critical for long-term success. Vogue Dental Studios will try our best to be transparent and informative throughout your entire experience. We strictly keep the privacy and confidentiality of every client as our top priority. Patient information and images that are shared are presented with the full consent of our clients. Every individual is unique and every case has exclusive aspects. Because of this, no two dental or medical procedure or treatment will have the exact same results – even if patients are fairly similar and even if the procedures are performed with the exact same method.

How to contact us?

Our office is located at 142 Surrey Road, Blackburn North, Victoria, Australia. You can reach us by phone by calling +61398788208. You can email us at info@voguedentalstudios.com.au.

Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.