In these Terms and Conditions:
“Agreement” means the written agreement between you and the Dental Clinic in respect of the use of Dental Layby, including acceptance of these Terms and Conditions, to be produced in connection with the Treatment Plan after an initial consultation.
“Dental Clinic” means the dental clinic of your choice, being an eligible Dental Layby clinic, as shown on the Website.
“Future Saver” means a payment plan option available on the Website, where You make regular payments to be held by Dental Layby for you to draw from for any future dental treatment needs.
“Payment Completion” means the completion of the payment of the total cost of the Selected Treatment, as identified in your Treatment Plan.
“Selected Treatment” means the treatment or treatments to be carried out, as identified in your Treatment Plan, after the Payment Completion.
“Treatment Plan” means a specified plan for you to receive the treatment or treatments to be carried out, to be prepared after an initial consultation.
“Website” means dentallayby.com.au.
“You”, “Your” means the users of Dental Layby and includes any person nominated for treatment in a Treatment Plan.
Customers must sign the Agreement in acknowledgment of these Terms and Conditions.
Dental Layby allows You to make payments for a period of your choosing, up to 10 years. Dental Layby is also available on the following fixed terms:
(a) 3 months;
(b) 6 months;
(c) 9 months; and
(d) 12 months;
4. Available Treatments
4.1. The treatments available under a Treatment Plan are those treatments which are identified on the Website, as amended from time to time, subject to the availability of those treatments for individual clinics.
4.2. The prices for the above treatments are shown on the Website, which are quoted in Australian dollars and are inclusive of GST.
4.3. All prices shown on the Website are estimates only. The cost of the Selected Treatments will be determined and finalised as part of the creation of the Treatment Plan, following the initial consultation.
4.4 The cost of services or treatments offered by Dental Layby may be up to 20% less than the cost of standard private dental services or treatments. For a specified service or treatment, Dental Layby does not guarantee that those costs will be precisely 20% less than the standard cost and where the service or treatment is carried out under a private health fee schedule the customer may not be entitled to any price reduction under Dental Layby.
4.5. Dental Layby is not available for emergency treatments.
5. Initial Consultation
5.1. You must book an initial consultation through the Website to be eligible for this service. You must pay the initial consultation fee, as specified on the Website from time to time, to confirm your booking. Payments must be made in the manner described in part 7 of these Terms and Conditions.
5.2. Each initial consultation involves an examination conducted by a qualified dentist and an X-ray. Following the initial consultation, you may enter into a Treatment Plan prepared for you by the Dental Clinic.
5.3 Clause 5.1 does not apply to Future Saver plans.
6.1. Appointments must be created for any part of the Selected Treatment, as required, at a time agreed by you and the Dental Clinic. All appointments must be booked for a time following your fulfilment of the Payment Completion.
6.2. Appointments may not always be available immediately following the Payment Completion. The Dental Clinic will endeavour to ensure that appointments are made available as near as possible after the Payment Completion.
6.3. You may cancel an appointment for whatever reason.
6.4. Cancelled appointments may be rebooked but not to the extent that it alters the duration or terms of your Dental Layby Agreement.
6.5. All cancellations are subject to the provisions of clause 10 of these Terms and Conditions.
7.1. You may choose to pay regular weekly, fortnightly or monthly payments towards a Treatment Plan or Future Saver plan. After the payment for the initial consultation or the first payment for a Future Saver plan, payments will be made by direct debit after the establishment of a Treatment Plan or Future Saver plan.
7.2. All payments made by you will be directed into a nominated bank account held by the Dental Clinic, who will draw from these funds upon completion of the Selected Treatment. You will not be entitled to any accrued interest in respect of the payments you make to the Dental Clinic relating to your Treatment Plan.
7.3. All direct debit payments will incur a 2% administration fee.
7.4. All direct debit payments will be subject to a credit card surcharge to cover any merchant fees attracted by those payments.
7.5. You are eligible to receive the Selected Treatment upon fulfilment of the Payment Completion. All payments made in respect of a completed treatment or treatment phase forming part of the Selected Treatment are non-refundable. See clause 11 of these Terms and Conditions for information regarding refunds.
8. Completion Date
All payments must be paid to the Dental Clinic in full before the Selected Treatment is commenced.
9.1. The Selected Treatment shall be conducted by the Dental Clinic in accordance with your Treatment Plan.
9.2. You agree, regardless of any negligence on the part of the Dental Clinic, to hold harmless and indemnify the Dental Clinic from and against all liabilities, claims, damages, losses, costs and expenses that may accrue against the Dental Clinic arising out of or in any way connected with the execution of your Selected Treatment.
10.1. If two payments are missed in respect of your Treatment Plan, the Dental Clinic may cancel the Agreement in accordance with clause 10 of these Terms and Conditions.
10.2. If you otherwise wish to cancel the Agreement, for whatever reason, you must in person request a cancellation from the Dental Clinic where your initial consultation took place.
10.3. All cancellations will incur a cancellation fee of $65.
10.4. The Dental Clinic reserves the right to cancel the Agreement for any reason. In the event your Treatment Plan is cancelled, you may be entitled to a refund of some payments, as set out in clause 11 of these Terms and Conditions.
11. Refund Policy
11.1. Cancellation of the Agreement will entitle you to a refund of the full amount paid towards the Selected Treatment or Future Saver plan, less the value of any phase or part of the Selected Treatment already carried out and minus any cancellation fees, as identified in clause 10.3 of these Terms and Conditions.
11.2. Refunds will be refunded by the Dental Clinic exclusively via bank transfer and any payments made towards a Treatment Plan by a private health insurer for treatment which has not been carried out will be refunded back to the insurer by the Dental Clinic.
11.3. All payments made by you in respect of any part of the Selected Treatment already completed are strictly non-refundable.
11.4. Where the Dental Clinic is obligated to refund payment under these Terms and Conditions, the Dental Clinic will aim to initiate your refund within 7 business days (Monday to Friday).
11.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), the Dental Clinic will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. Appointment of Beneficiary
You may appoint a nominated beneficiary for the purposes of the Agreement using the Website. In the event of your death or legal incapacity, your beneficiary may request from Dental Layby a refund of the full amount paid towards the Selected Treatment or Future Saver plan, less the value of any phase or part of the Selected Treatment already carried out and minus any cancellation fees, as identified in clause 10.3 of these Terms and Conditions.
13. Your Legal Rights
The use of Dental Layby is subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that goods or services must be of acceptable quality, reasonably fit for purposes that the Dental Clinic represents they shall be fit for, and that the goods will correspond with any relevant description. Nothing in these terms and conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
14. Dental Clinic’s Liability
To the full extent permitting at law, the Dental Clinic is not liable to you, or any other person, for any loss, damage, cost or expense suffered arising in connection with your Agreement, whether in contract, negligence, or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
Information collected for your Agreement will be used for the purposes of processing your Dental Layby and may also be provided to third parties, to send reminders via letter, SMS or email. Any information will also be used for the purposes of contacting you regarding any of the Dental Clinic’s policies and procedures that may affect you.