Clayfield Dental Website Terms and Conditions of Use

1. About the Website

1.1. Welcome to www.clayfielddental.com.au (Website). The Website provides you with an opportunity to browse and make bookings for Clayfield Dental’s services (Bookings), 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).

1.2. 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, or any of its associated Services, is provided by Clayfield Dental. Please read these terms and conditions (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. Clayfield Dental reserves the right to review and change any of the Terms by updating this page at its sole discretion. 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

You accept the Terms by remaining on the Website.

3. Bookings, Fees and Cancellations

3.1. Clayfield Dental offers the option to make a Booking for Services via the available booking system on the Website (Booking System).

3.2. 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.

3.3. 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.

3.4. 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.

3.5. 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.

3.6. 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).

3.7. If more than 48 hours notice is received, Clayfield Dental will use its best endeavours to accommodate your request, subject to availability.

3.8. 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.

3.9. 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.

3.10. 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.

3.11. 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

4. Providing or declining Services

4.1. 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.

4.2. 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.

4.3. 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.

5. Warranty

5.1. Clayfield Dental does not guarantee or warrant that the Website material or Website functions will meet your desired results.

5.2. The Website and its contents are provided on an as is basis, with no representation or warranty of any kind.

6. Information Disclaimer

6.1. 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.

6.2. 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.

6.3. 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.

7. Copyright and Intellectual Property

7.1. The Website, the Services and all of the related products of Clayfield Dental 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 Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Clayfield Dental or its contributors.

7.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Clayfield Dental, which grants to you a worldwide, non-exclusive, royalty-free, revocable license to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained on the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

7.3. Clayfield Dental does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Clayfield Dental.

7.4. Clayfield Dental retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

7.5. You may not, without the prior written permission of Clayfield Dental 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 Services or third- party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

8. Privacy

Clayfield Dental takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Clayfield Dental’s Privacy Policy, which is available on the Website.

9. General Disclaimer

9.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

9.2. Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) Clayfield Dental will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

9.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Clayfield Dental make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Clayfield Dental) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the Services or any of the products of Clayfield Dental; and

(d) the Services or operation in respect to links which are provided for your convenience.

10. Third Party Services

The Website may integrate, be integrated into, or be provided in connection with third-party websites, services, content, and/or materials (Third-Party Services). Clayfield Dental does not control any Third-Party Services. Clayfield Dental additionally makes no claim or representation regarding the Third-Party Services and accepts no responsibility for, the quality, content, nature, or reliability of

Third-Party Services accessible from the Website, applications, software or any other element of the Services. There is no implied affiliation, endorsement, or adoption by you of these Third-Party Services and Clayfield Dental will not be responsible for any content provided on or through these Third-Party Services. You should read the terms of use and legal Agreements that apply to these Third-Party Services.

11. Limitation of liability

11.1. Clayfield Dental’s total liability arising out of or in connection with the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

11.2. You expressly understand and agree that Clayfield Dental, its affiliates, employees, agents, contributors and licensors will 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 will 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.

12. User Generated Content

12.1. If you choose to contribute any content to the Website or any other platform operated by Clayfield Dental, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (Your Content).

12.2. By contributing content to the Website, you grant Clayfield Dental a royalty-free, non- exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by Clayfield Dental.

12.3. Additionally, if you post your Content with any personal information including identifying information such as location or name, you agree Clayfield Dental can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

12.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to Clayfield Dental social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to Clayfield Dental. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

12.5. Please ensure you keep your own copies of Your Content as Clayfield Dental may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

12.6. Clayfield Dental will endeavour to provide you with an appropriate credit when using Your. Content on Clayfield Dental platforms, though you understand and agree this may not always be possible.

12.7. Clayfield Dental reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

13. Mailing List Registration

13.1. You may be given the option to register for the Clayfield Dental Mailing List (Mailing List).

13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address

(a) Name

13.3. If you choose to register for the Mailing List you agree to receive promotional material, updates and other content from Clayfield Dental.

14. Indemnity

14.1. You agree to indemnify Clayfield Dental, 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 Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

(c) any breach of the Terms.

15. Venue and Jurisdiction

The Website 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 will be in the courts of Queensland, Australia.

16. Governing Law

The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms will be governed pursuant to the laws of Queensland, Australia.

17. Independent Legal Advice

Both parties acknowledge and agree that the provisions of the Terms are fair and reasonable and both parties have had the opportunity to obtain independent legal advice.

18. Severance

If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part will be severed and the rest of the Terms will remain in force.