Clayfield Dental Booking Terms and Conditions
Thank you for choosing Clayfield Dental.
These terms and conditions govern your Booking with Clayfield Dental (Terms and Conditions)
By clicking “accept” you agree to these Terms and Conditions.
1. Services
1.1. The Website is operated by Brewmo Pty Ltd atf Brewmo Trust t/as Clayfield Dental (abn: 72 237 921 097) (Clayfield Dental). Access to and use of the Website and the Booking option is provided by Clayfield Dental.
1.2. The Website provides you with an opportunity to browse and make bookings for Clayfield Dental’s services (Booking), that have been listed as available through the Website (Services). The Website provides this service by way of granting you access to the content on the Website (Available Services).
1.3. You have agreed to make a Booking via the Website.
1.4. These Terms and Conditions are to be read in conjunction with the relevant Services information page (Information Page) of the Website.
2. Acceptance of the Terms and Conditions
You accept the Terms and Conditions by proceeding with a Booking.
3. Personal Information
3.1. When making a Booking, you will be required to provide personal information such as your full name and e-mail address.
3.2. You agree that all details that you have provided in completing the Booking are true and correct.
3.3. Your personal information is kept in accordance with the Clayfield Dental Privacy Policy which can be accessed on the Website.
4. Bookings, Fees and Cancellations
4.1. Clayfield Dental offers the option to make a Booking for Services via the available booking system on the Website (Booking System).
4.2. If you choose to make a Booking via the Booking System, you acknowledge and agree to be bound by the terms and conditions of use, privacy policy and other relevant legal documentation provided by the Booking System.
4.3. You may be required to pay a deposit (Deposit) for some services and this will be discussed with you in your consultation or prior to making a Booking.
4.5. Clayfield Dental understands that circumstances change. Please call or write to reception@clayfielddental.com.au at least 48 hours prior to your scheduled Booking to allow your appointment time to be given to another client.
4.6. Should you wish to reschedule or cancel your Booking, the following cancellation policy applies (Cancellation Policy). In some circumstances, a cancellation fee may be charged, as outlined below (Cancellation Fee).
4.7. If more than 48 hours notice is received, Clayfield Dental will use its best endeavours to accommodate your request, subject to availability.
4.4. All consultation and treatment fees (Fees) are required to be paid at the time of the consultation and/or treatment. If You are eligible and are paying under a child dental benefits scheme (CDBS), you understand and acknowledge that it is your responsibility to monitor and understand your balance, and where applicable, you understand and acknowledge that you are responsible for paying any fees that are not covered under the CDBS.
4.8. If you provide less than 48 hours but more than 24 hours notice, you may be charged a Cancellation Fee equivalent to 50% of your consultation or treatment fee. If your Booking can be allocated to another client, this fee will not be payable.
4.9. If less than 24 hours notice is provided, you may be charged a Cancellation Fee equivalent to 75% of your consultation or treatment fee. If your Booking can be allocated to another client, this fee will not be payable.
4.10. If you fail to attend your Booking without providing notice, a Cancellation Fee equivalent to 80% of your consultation or treatment fee will be payable.
4.11. If you have rescheduled your Booking more than twice, you may be required to pay a non-refundable deposit for all future bookings, and this will be discussed with You.
5. Providing or declining Services
5.1. Within Australia, the Australian Charter of Healthcare Rights (ACHR) applies to the entire healthcare system, and it allows patients, consumers, families, carers and healthcare providers to have a common understanding of the rights of people receiving healthcare. The rights included in the ACHR relate to access, safety, respect, communication, participation, privacy and comment.
5.2. It is your responsibility to respect Clayfield Dental representatives, employees and clients; to pay all Fees as they are due, and not to threaten, harass or intimidate Clayfield Dental representatives, employees or clients.
5.3. Clayfield Dental adheres to the ACHR at all times. If Clayfield Dental forms the reasonable view that it is not appropriate for your consultation or treatment to proceed, you will be advised accordingly, and this will be discussed with You.
6. Complaints
Clayfield Dental values client feedback. If you have any complaints about the Services, please feel free to send details of your complaint to Clayfield Dental by e-mail to reception@clayfielddental.com.au. Clayfield Dental take complaints very seriously and will carefully consider any complaints and will respond to You after receiving written notice of a complaint.
7. Warranty
7.1. Clayfield Dental does not guarantee or warrant that the Website material or Website functions will meet your desired results.
7.2. The Website and its contents are provided on an as-is basis, with no representation or warranty of any kind.
8. Disclaimer
You are solely responsible for creating and implementing Your own health decisions, choices, actions and results arising out of or resulting from the Services and interactions with Clayfield Dental.
9. Information Disclaimer
9.1. Any information, content or documentation provided on the Website or that is made available to you generally (including oral health information) is not designed and is not intended to serve as a substitute for advice from a qualified healthcare professional.
Content on the Website is provided for general information purposes only. If specific advice is required to meet your needs, please speak with Clayfield Dental to make a Booking to obtain tailored, professional advice.
9.2. All care is taken in the preparation of the information and published materials on the Website or on any other related platform. Clayfield Dental does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.
9.3. To the extent permissible by law, Clayfield Dental will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs that might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website or on any other related platform.
10. Liability and waivers
10.1. Liability
Clayfield Dental’s total liability arising out of or in connection with the Services or these Terms and Conditions, however arising, including under contract, tort (excluding negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You.
10.2. Waivers
(a) A waiver of any right, power or remedy under these Terms and Conditions must be in writing signed by the party granting it. A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
(b) The fact that a party fails to do, or delays in doing, something the party is entitled to do under these Terms and Conditions does not amount to a waiver.
11. Copyright and Intellectual Property Rights
(a) You agree that any documentation, materials, content, creative works or information of whatever nature produced or developed by Clayfield Dental and shared with you in the course of providing the Services will remain the sole and complete property of Clayfield Dental (Intellectual Property).
(b) There is no assignment of Intellectual Property rights by Clayfield Dental to you pursuant to these Terms and Conditions.
(c) Nothing in these Terms and Conditions affects the moral rights in any works, items, materials or information supplied pursuant to these Terms and Conditions.
12. Dispute Resolution & Mediation
If a dispute arises out of or relates to these Terms and Conditions, either party may not commence any
legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement through an appropriate mediator to be appointed by an independent third party as agreed and attend a mediation.
13. Force Majeure
(a) If circumstances beyond Clayfield Dental’s control prevent or hinder its provision of the Services, Clayfield Dental is free from any obligation to provide the Services while those circumstances continue. Clayfield Dental may elect to terminate these Terms and Conditions or keep them current until such circumstances have ceased.
(b) Circumstances beyond Clayfield Dental’s control include, but are not limited to, unavailability of materials or components, pandemics, strikes, lockouts, riots, natural disasters, fire, war, acts of God, Government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
(c) For the sake of clarity, if in Clayfield Dental’s reasonable opinion, the provision of the Services will be affected by a pandemic, Clayfield Dental may suspend the provision of the Services in part or in whole to You indefinitely. Additionally, Clayfield Dental will not be liable for any losses or damage due to a pandemic. If You choose to terminate these Terms and Conditions due to a pandemic, the relevant cancellation policy will apply.
14. Indemnification
You hereby indemnify and agree to keep indemnified Clayfield Dental against all liability, losses or expenses you incur in relation to or in any way directly or indirectly connected with any breach of copyright or any rights in relation to copyright as outlined above.
15. Governing Law & Jurisdiction
Terms and Conditions are governed by the laws of Queensland, Australia. In the event of any dispute arising out of or in relation to these Terms and Conditions, you agree that the exclusive venue for resolving any dispute will be in the courts of Queensland, Australia.
16. Severance
Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions.
17. Entire Agreement
These Terms and Conditions constitute the entire agreement of the parties in respect of the matters dealt with in these Terms and Conditions and supersedes all prior agreements, understandings, undertakings and negotiations in respect of the matters dealt with in this agreement.