Terms of service

SmilesAlliance is committed to bringing our customers honest, straightforward, personalised products and treatment, and fantastic customer service to boot. The same attention to detail goes into all our small wording policies. That way it's always easy for you to know exactly where you are.

SmilesAlliance is owned and operated by (SmilesAlliance PTY LTD) . Our registered business (ABN 65637943189) and address is (The Johnson 477 Boundary St, Spring Hill QLD 4000) get in touch by emailing support@smilesalliance.com.au

Before using our website, please ensure you've read everything we've set out below in our Terms & Conditions.

By accessing our website, you agree that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our website.

1 Our website

1.1 Security procedures

You must not knowingly misuse our website or transmit any virus or harmful material to this website. You must not attempt to gain unauthorised access to our website or to our database.

In the event of such a breach, your right to use our website will cease immediately and we may report this breach to the relevant law enforcement authorities. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platforms to access our site. You should also use your own virus protection software. If you choose, or you are provided with, a user identification code, password or any other piece of information, you must treat such information as confidential, and you must not disclose it to any third party. As part of security procedure, we have the right to disable any user identification code or password, at any time, if you have failed to comply with any of the provisions of these Terms of Use.

1.2 Affiliations

Our website may contain links to third party websites. SmilesAlliance is not responsible for the content or privacy policies of those websites, and including these links on our website should not be considered as endorsement or recommendation to these third party websites.

As a result of this, please note these websites may be governed by separate terms and conditions which should be referred to by visiting those web pages. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our website other than that set out above, please address your request to our team by emailing support@smilesalliance.com.au

2 Data Protection and Liability

2.1 Liability

Nothing in these Terms or in the pages of the website shall limit our liability for death or personal injury arising from our negligence, or for fraud, or for misrepresentation as to a fundamental matter, which cannot be excluded or limited under applicable law.

2.2 Privacy Policy

SmilesAlliance has a privacy policy which is a part of both these Terms and this website. Any personal information obtained from you will be processed in accordance with our Privacy Policy and by using our website you consent to such processing and you warrant that information provided by you is correct and accurate.

2.3 Security

Additionally, by using our website, you abide by the fact that Internet transmissions are never completely secure.

2.4 Call Recording

Please note that calls from the SmilesAlliance Sales Team may be monitored or recorded for quality purposes.

2.5 Indemnity:

You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your breach of these Sales Terms. You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products including, but not limited to, disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us. The obligations under this clause will survive termination of these Sales Terms.

3 Copyright

3.1 Intellectual Property

All intellectual property rights in our website, and in the material published on it, is owned by or licensed to us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

3.2 Acknowledgment of our Intellectual Property

Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.

3.3 Use of our Intellectual Property

No part of the materials on our website should be used for commercial purposes without obtaining a license to do so from us or our licensors.

3.4 Making copies of our Intellectual Property

You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website, however, you must not republish, redistribute or amend the copies of any materials you have printed off.

3.5 Intellectual Property restrictions

If you print, copy or download and store any part of our website in breach of these terms of use, we will cease your right to use our website immediately and you must, at our option, return or destroy any copies of the materials you have made.

4 Restrictions and Governing Law

4.1 Minors

To register with us or use the services and products that we provide on our website you must be over 18 years of age only, and information contained on our website does not amount to an invitation to clients who are under 18 to buy any services or products.

4.2 Governing Law

The terms on this website are governed by the Laws Australia whose courts have exclusive jurisdiction is respect of any dispute which may arise.

5 General notes on this Website and its Terms and Conditions:

5.1 Changes

We may revise and amend these Terms of Use from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

5.2 Availability

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend access to all or any part of our website, or close it indefinitely for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

5.3 Accuracy

Whilst we have taken reasonable steps to ensure accuracy and correctness, the material on our website could include technical inaccuracies or typographical errors. Our website and the information contained on it are delivered on an "as-is" and "as-available" basis.

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. Please be aware that such information and materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

6 Our Products

6.1 Product details

Please refer to our website for details on our product and service offering. SmilesAlliance does not guarantee a successful treatment outcome. Individual results will vary.

6.2 Warranty

SmilesAlliance warrants that its products: shall conform to the specifications represented in the treatment setup approved by the dental team; and are free from defects in material and workmanship.

Subject to Clause 2.1, SmilesAlliance shall not be liable:

for any defects that are caused by neglect, misuse, or mistreatment of its products by the patient or any third party not instructed by SmilesAlliance;

for any defects that are caused by failure to follow directions including (but not limited to) wearing aligners out of sequence, not wearing aligners for the entire duration of the specified wear schedule, not providing bi-weekly photo updates, or wearing aligners for less than 22 hours per day;

for any products being used in combination with other third party products or by failure to adhere to the Patient Guidelines unless explicitly instructed to do so by Smile Align; or

if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as we only supply the products for domestic and private use.

Should we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

6.3 Right to change your mind

Aligners are made to your individual specifications and are therefore a customised product and are exempt from any right to change your mind after you have placed your order with

  1. Please refer to our returns policy for further details.

6.4 Delivery

During the order process we will let you know when we will provide our products to you. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.5 Duration of treatment

We would typically expect use of your aligner to last between 6 and 9 months. However, individual results vary and our dental professions may advise a longer or shorter treatment process.

6.6 Measurements

As your aligner is made to measurements you have given us from your Impression Kit, you are responsible for ensuring these measurements are correct. You can find information and tips on how to measure provided with your Impression Kit or by contacting us.

6.7 Non- AU customers

Our website is solely for the promotion of our products in the AU. Unfortunately, we do not accept orders from addresses outside the AU.

Limitation of Liability and Disclaimers:

  • (a) Notwithstanding any other provision in these Sales Terms to the contrary, and to the maximum extent permitted by law, you acknowledge and agree that:
  • i. you are solely responsible for determining the suitability of any of our products or the information provided to you on our Site or otherwise, and your use of those products or information is at your own risk;
  • ii. you are aware of the inherent risks of injury or ill health resulting from the use of our products and from undertaking dental treatment generally, and you release us against any liability, claim, demand, and proceeding arising directly or indirectly from your use of our products; and
  • iii. we take no responsibility for, and will not be liable for the products causing you any adverse effect of any kind, including those set out in our Consent and Disclaimer form.
  • (b) Notwithstanding any other provision in these Sales Terms to the contrary, and to the maximum extent permitted by law, we exclude all conditions and warranties, except for your Statutory Rights including but not limited to:
  • i. we expressly disclaim any implied or express guarantees, representations or conditions of any kind, which are not stated in these Sales Terms;
  • ii. we take no responsibility for, and will not be liable for the Site or the products being unavailable; and
  • iii. we will not be liable for any loss, damage, injury, death, costs including legal costs, or expense whether direct, indirect, incidental, special, consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the late supply of products, or these Sales Terms, even if we were expressly advised of the likelihood of such loss or damage.
  • (c) To the extent permitted by law, our total liability arising out of or in connection with the products or these Sales Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products under these Sales Terms.
  • (d) This clause will survive termination of these Sales Terms.

8 Payments and billing paid services

8.1 Payment

Certain elements of our services, including the purchase of any products offered by us, may be subject to payments now or in the future. Please note any payment terms presented to you in the process of using or signing up for a paid service are deemed part of this Agreement.

8.2 Billing

We use a third-party payment processor to bill you through a payment account linked to your Account on the Services for use of the paid services. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to this Agreement.

By choosing to use our paid services, you agree to pay us, through the payment processor, all charges at the prices indicated on the order pages when you placed your order for any use of such paid services in accordance with the applicable payment terms and you authorise us, through the payment processor, to charge your chosen payment provider.

You agree to make payments using the selected payment method. We take reasonable care to ensure the prices advised to you are correct. However, we reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.

8.3 Payment Method

We accept the following forms of payment:

The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If we, through the payment processor, do not receive payment from you by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of Australia base lending rate.

This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

Recurring billing

Some of the paid services, such as the purchase of custom-made aligners or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you.

By choosing an instalment payment plan, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.

PLEASE REMEMBER, YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. FAILURE TO PROVIDE ANY OF THE FOREGOING INFORMATION, MAY MEAN THAT WE INADVERTANTLY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. CHANGE IN AMOUNT AUTHORIZED.

If the amount to be charged to your billing account varies from the amount you preauthorised (other than due to the imposition or change in the amount of duty and taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction.

Any agreement you have with your payment provider will govern your use of your payment method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

8.4 Auto-renewal for Subscription Services

You have signed up for successive renewal periods of the same duration as the instalment payment term originally selected, the then-current non-promotional rate. In this case, all fees related to instalment payment are fully earned upon payment.

8.5 Reaffirmation of Authorization

Your continued use of instalment payment reaffirms we are authorised to charge your payment method for that paid service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the paid service.

8.6 Free Trials and Other Promotions

Any free trial or other promotion that provides access to an instalment payment promotion must be used within the specified time of the trial.

8.7 Termination

We may terminate your access to all or any part of our services at any time if:

you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you payment is due;

you do not, within a reasonable time of us asking for it, provide information that is necessary for us to provide the products;

we do not receive a response from you within 90 days of us sending your Impression Kit, as we will assume that you have decided to not move to the next step of the SmilesAlliance journey but we will send you a reminder before terminating just in case you have forgotten about us;

we are unable to provide you treatment due to medical concerns, as advised by a SmilesAlliance approved dental professionals ;

you do not, within a reasonable time, allow us to deliver the products to you or collect them from us;

or

you do not, within a reasonable time, allow us access to your premises to supply the services.

9 Refunds and Returns

9.1 Refunds

Due to our aligners being made to your individual specifications, and therefore a customised product, we are unable to provide refunds for our termination of the services. Please refer to our (8.7) & returns policy for further details.

9.2 Returns

Please refer to our website for details on our returns policy.

10 SmilesAlliance Referral Program

The SmilesAlliance Referral Program allows members to earn cash rewards paid directly to the PayPal account associated with the email the members use when they sign-in. In signing in members agree to these terms. If a member participates in the referral program through their personal SmilesAlliance Consultant, the reward might be in a different form.

Members can earn rewards only if a referred friend purchases a SmilesAlliance product through the referral link and using the referral discount code automatically generated by clicking on the referral link.

10.1 Referred Friends

Referred friends who have signed up to the program using a valid referral link will receive a reward in the form of a discount code. Discount codes not automatically applied must be entered during checkout. Discount codes may not be transferred to another person or exchanged for cash.

Each discount code may only be used on the SmilesAlliance website in conjunction with the purchase of a single SmilesAlliance product. Discount codes may be applied only if the total basket value of the order meets the minimum total value set by SmilesAlliance for the specific referral program.

10.2 Sharing Referral Links

Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.

10.3 Termination and expiry

Discount codes expire after a period of time indicated at the moment of the discount code generation. SmilesAlliance reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or SmilesAlliance's terms of service, or technical errors are suspected. SmilesAlliance reserve the right to suspend or terminate the program or a user’s ability to participate in it at any time for any reason.

We also reserve the right to suspend accounts or remove rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the SmilesAlliance terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.

10.4 Updates to the Terms

The scope, variety, and type of services and products that you may obtain throughout the program can change at any time. We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the SmilesAlliance website, applications, or services, which are effective upon posting.

11 General

11.1 Our rights to transfer these terms

We reserve the right to transfer our rights and obligations under these terms to another organisation. We will always be sure to tell you in writing if this happens and we will ensure the transfer will not affect your rights under the contract.

11.2 Your rights to transfer these terms

Subject to Clause 10.1, no other person shall have any rights to enforce any of these terms. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

11.3 Terms that continue after termination

Clauses 3, 4.2, 6.1 and 6.2 shall survive termination of these terms and conditions.

12 Contact Us

SmilesAlliance's support team is available  email at support@smilesalliance.com.au should you have any questions, complaints or need any further information.