32 Pearls Dentists - Terms & Conditions

Terms & Conditions

When you access or use our website https://www.32pearlsdentists.com.au/ (“Website”), you agree to be bound by these terms and conditions ("Terms").

We reserve the right to change these Terms, the Website and any content available on or accessible from this Website (“Content”) at any time by publishing these changes online. By continuing to use the Website, you are taken to have accepted any changes to the Terms.

For further details please contact Us on (02)8605 2261.

1. Disclaimers, liability limitation and indemnity

1.1. Disclaimer

To the extent permitted by law, 32 Pearls Dentists, its affiliates and related bodies corporate (as defined by the Corporations Act 2001 (Cth)), will not be liable (whether in contract, tort (including negligence) or otherwise) for any loss or damage (whether direct, indirect, special or consequential) suffered by you in connection with your use of or access to this Website and its Content, or any failure to provide this Website or particular Content.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

a. Your reliance on the completeness, accuracy, suitability, currency or availability of the Website or its Content.

b. Failure or delay of performance or 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.

c. Failure to complete a transaction, booking or any loss arising from e-commerce or bookings transacted on the Website.

1.2. Limitation of liability

32 Pearls Dentists total liability to you (if any) arising out of or in connection with your access or use of the Website shall be limited, at our election, to:

a. In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and

b. In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.

1.3. No advice given

The Content on this Website (including oral health information) is not designed or intended to serve as a substitute for advice from a qualified healthcare professional. Content provided on this Website is general in nature and does not take into account the specific dental health issue, disease, dental complaint, dental problem or oral health concern you may have.

Where We mention specific products or services on this Website, We do so for informational purposes only. This does not constitute a recommendation made by 32 Pearls Dentists, unless expressly stated.

You agree that you will not seek to rely upon the Content on this Website as health advice to remedy, address or self-treat any problems or concerns you may have either for yourself or for any other person.

1.4. No warranties

32 Pearls Dentists does not guarantee or warrant:

a. the quality, accuracy, completeness, suitability, currency or availability of the Website and its Content;

b. that the Website functions will meet your requirements.

This Website and its Content are provided on an “as is” and “as available” basis, with no representations or warranties of any kind, either express or implied (except those which cannot be lawfully excluded).

You assume total responsibility and risk for your use of and reliance upon this Website and its Content.

1.5. Third Party Links

This Website may contain links to third party websites for your convenience, that are not owned or controlled by 32 Pearls Dentists (“External Web Sites”). We are not responsible for the content or operation of these External Web Sites. Links to External Web Sites do not constitute or imply endorsement by 32 Pearls Dentists of the information they contain, or any products or services they reference. Your navigation to any linked website is at your own risk.

1.6. Indemnity

You indemnify 32 Pearls Dentists and its affiliates and related bodies corporate against all liability, cost, expense, loss and damage incurred or suffered by Us as a direct or indirect result of you using this Website.

2. 32 Pearls Dentists Bookings

2.1. Accuracy of Information

When you make a booking for a service at 32 Pearls Dentists (32 Pearls Dentists Service), you will be required to provide specific personal information to us before your visit. You warrant that any information you provide to Us is true and correct.

If the booking is for a person under 18 years, guardians/parents must make the booking and provide the required personal information on their behalf.

2.2. Identity

When you make a booking, you warrant that you are the person receiving the 32 Pearls Dentists Service (Patient), or the authorised guardian/parent of the Patient.

When you attend a 32 Pearls Dentists practice for your booking We will confirm your identity by confirming your mobile number or email address.

3. User conduct

3.1. Lawful and authorised use only

You must use this Website for lawful purposes only, including to access and view Content, make a booking, and to submit enquiries or feedback to 32 Pearls Dentists (as applicable).

3.2. Prohibited Use

You must not (a) use this Website in a manner which, or (b) upload, post, transmit or otherwise make available through this Website any material which:

1. violates or infringes the rights of others (including intellectual property or privacy rights);

2. Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; or

3. affects the functionality or operation of this Website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).

4. Intellectual Property Notices

4.1. Copyright Notice

Copyright in the Content (including text, graphics, videos, images, x-rays, audio clips, architecture, coding, design elements and interactive features) is owned or licenced by 32 Pearls Dentists. You may download or print hard copies of Content for your personal, private, non-commercial use. Otherwise, you may not reproduce, adapt, upload to a third party, publish or communicate any of this Content without Our prior written consent (except as necessary for viewing the Content on your browser, or as permitted under the Copyright Act 1968 (Cth)).

Nothing that you do on or in relation to the Website and its Content will transfer any rights in same.

4.2. Trade Mark Notice

"32 Pearls Dentists”, “Elar dental” (the words and the logos) and any other trade marks associated with 32 Pearls Dentists and Elara Dental, are trade marks owned by 32 Pearls Dentists or its related bodies corporate. You may not use Our trade marks without Our written consent. Third party trade marks which feature on the Website are owned by the respective third party. The use of a third party trade mark on Our Website does not indicate any association with, or endorsement by 32 Pearls Dentists, of that third party or its products/services.

5. Privacy, cookies and Google

5.1. Privacy

32 Pearls Dentists takes your privacy seriously. Any personal information you provide through your use of the Website or the 32 Pearls Dentists Services, will be handled in accordance with the 32 Pearls Dentists Privacy Policy which is available at https://www.32pearlsdentists.com.au/terms-conditions.

5.2. Cookies

A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.

32 Pearls Dentists generally uses cookies to make a record of your visit to the Website and may log the following depersonalised information:

1. Your server address;

2. Your top-level domain name;

3. The date and time of access to the Website;

4. Pages accessed and documents downloaded;

5. The previous website visited;

6. The type of browser software in use.

32 Pearls Dentists uses this information for various purposes including:

Statistical purposes;

To determine whether you have previously used parts of the Website or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.

You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the Content and facilities of this Website.

5.3. Google Maps

This Website uses Places features provided and powered by Google (“Google Maps”). By using this Website, you agree to be bound by Google’s Terms of Service and agree that the Google Privacy Policy applies.

6. General Terms

6.1. Governing Law

These Terms are governed by the law in force in New South Wales, Australia. You agree that any disputes will be determined by the courts having jurisdiction in New South Wales in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

6.2. Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability of the remaining Terms will not be affected.

6.3. No offers where illegality arises

Nothing on this Website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Informed Consent

When you are seeking Dental treatment (s) at 32 Pearls dentists, you will be asked to sign the informed consent and to agree to the following terms and conditions.

1) I authorise the dentist or oral health therapist or designated team to take X-rays, Study Models, Photographs and or other diagnostic aids deemed appropriate by the dentist or oral health therapist to make a thorough diagnosis. Upon such diagnosis, I authorise to perform all recommended treatment mutually agreed upon by me and to employ such assistance as required to provide proper care.

2) I understand a gap payment is an out-of-pocket expense which I must pay to 32 Pearls Dentists when I receive dental treatment. I understand the gap payment varies based on the treatment. I understand the gap payment is not covered under Medicare or any private health insurance.

3) I understand if I am getting a treatment for teeth cleaning, it only includes a scale and polish to help remove built-up plaque and tartar from the surface of the teeth and it does not guarantee whiter teeth or removal of stains. I understand teeth whitening is cosmetic procedure and it is not same as teeth cleaning.

4) I understand further consents for specialised treatments may be required prior to commencement of those treatments.

5) I understand that it is my responsibility to notify this office should any undue or unexpected problems occur or if I experience any problems relating to the treatment rendered or the services performed.

I have read and I agree with the terms and conditions.

By signing this document,

I authorize the dentist or oral health therapist or dental staff render any services deemed necessary or advisable in the treatment of my dental condition, including the prescribing and administration of any medically necessary anaesthetic agents and/or medications. I agrees to indemnify 32 Pearls Dentists (32 Pearls Pty Ltd) , its staff and directors against all claims, actions, demands, suits, damages, liabilities, losses and expenses made by me or any other person in respect to the dental treatment / service rendered.

Additional Consent

You may also be asked to sign additional consent forms for Teeth Whitening, Extraction, Root Canal Treatment, Crown & Bridges, Filling and any other specialised treatment. You will also be asked to consent to collect, use and disclose personal and health information . You may also be asked to consent and sign the treatment plan.

32 Pearls Dentists Data Use Policy

Patient privacy is important to 32 Pearls Dentists.

32 Pearls Dentists is bound by the Privacy Act 1988 (Cth) and endeavours to uphold the Australian Privacy Principles in collecting, disclosing, maintaining and securing personal and health information. We will take such steps as are reasonable in the circumstances to protect your personal and health information from:

Misuse, interference and loss, and

Unauthorised access, modification or disclosure.

32 Pearls Dentists requires your consent to collect personal and health information about you. Please read this information carefully, and sign where indicated.

Why do we collect information?

32 Pearls Dentists collects relevant personal and health information from you for the primary purpose of providing quality dental care and treatment.

What information do we collect?

32 Pearls Dentists may collect and store the following types of personal and health information:

Name
Date of Birth
Contact Details - postal and/or street address; email address/es; telephone number/s
Family contact information
Private health insurance information
Information regarding other funding sources, where relevant (e.g. Child Dental Benefits Schedule, Department of Veteran’s Affairs)
Medicare number
Information on workers compensation, motor vehicle and other accident claims, where relevant
Details of your oral health condition and the treatment/s and service/s you have received
Details of your general health (e.g. allergies, medications, medical conditions) and medical history that may impact the treatment you receive.

Can you refuse to disclose your information?

You have the right to refuse to provide your information. If you choose not to provide relevant personal and/or health information it may, however, affect you receiving appropriate care and treatment. And 32 Pearls Dentists reserves the right to decline the treatment if all required and necessary information is not provided.

How will we use your information?

32 Pearls Dentists may use your personal and/or health information to:

Assess your oral health

Provide dental treatments and services to you
Communicate with other service providers (e.g. specialist dentists, technicians, laboratories) to provide dental treatments and services to you
Send communications requested by you
Assist with queries you make and provide information and advice about related treatments and services
Process payments for treatment – including private health insurance and/or Medicare claims / CDBS Claims/DVA Claims.
Send Communication for Appointment Reminders or Follow-up's
Send communication to collect feedback on our service or collect reviews on our service
Send any promotional offer from 32 Pearls Dentists
Update our records and keep your contact details up to date
Resolve complaints
Carry out internal functions such as administration, accounting and information technology

We may also use your personal and/or health information for staff training, professional development, treatment or service development, practice planning, quality improvement and dental health research. We will use de-identified data for these purposes, unless you consent to being identified.

If we need to use your information for any other purpose, we will generally seek additional consent from you to do this, unless obtaining your consent is not practical or reasonable, and an exception under the Privacy Act 1988 applies.

To whom may we disclose your information?

Only people who need to be able to access your information will be able to do so. 32 Pearls Dentists may disclose your information to:
Our dentists and practice staff – to support the provision of dental treatments and services to you
Others involved in your dental care outside this practice (e.g. specialists, technicians, laboratories)
Your nominated relatives in an emergency
Government and regulatory bodies (e.g. Medicare)
Third party health benefit providers and insurance companies to assist in the processing of claims for payment/reimbursement
Third parties who work with our practice for business purposes
Third parties where this is required to comply with a court/tribunal order or to meet other legislative or regulatory requirements.

Accessing your personal and health information

You may inspect or request copies of your records at any time by written request. Please refer to our Privacy Policy for further details.

Altering your personal and health information

If any of the information we have about you is inaccurate, out of date, incomplete, irrelevant or misleading, you may ask us to alter our records. Please refer to our Privacy Policy for further details.

How can you get further information about privacy issues?

Our Privacy Policy provides more detailed information – including information about resolving privacy complaints. If you would like a copy of the Policy, please ask our staff .

Please sign below to confirm that:

You have read this information and agree of Keeping your personal information private in our practice;

You agree to our collecting, using and disclosing your personal information as per above terms and – subject to any modifications made by you – in this way;

You agree to this practice transmitting your personal and health information by email (for example, to another provider involved in your dental care).

You Agree to receive appointment reminders or follow-up communication via telephone/SMS and/or email, .

1. Introduction

Your privacy and maintaining the confidentiality of your personal information is important to Us. We are committed to safeguarding Your personal information. This policy explains what information We collect, how information is collected, used and handled, when information may be disclosed to third parties with Your consent, Your rights for requesting access to or amending Your personal information, as well as how you can provide Us with feedback or make a complaint. When You receive services from 32 Pearls Dentists, you agree to the handling of your personal information as outlined in this policy. This document may be amended by Us from time to time.

2. Definitions

Consent means Your permission. Your consent can be express or implied. Express consent can be written (e.g. when you sign a form or send us correspondence) or verbal (e.g. when you give us your permission over the phone or in face-to-face conversations). Your consent will be implied when we can reasonably form a conclusion from our pre established relationship with You that You have given consent by either taking action or deciding not to take action.

Personal information has the same meaning that it has under the Privacy Act 1988 (Cth), namely information or an opinion, whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

3. Information We Collect

We will only collect information that is necessary for providing our services to You. We will only collect information that is necessary for the purposes for which it will be used. The amount and type of personal information We collect from You and hold about You will vary depending on whether You are an existing patient or customer of a 32 Pearls Dentists practice, have made enquiries about Our products and services and also the extent to which You have used Our products and services. If You apply to be, are currently or have in the past been a patient or customer of a 32 Pearls Dentists practice, the personal, or individually identifiable information that We hold about You may include:

name, address, telephone and email contact details;
personal details such as age and gender;
details of previous dentists you’ve been a patient of;
your Medicare number
records of service contacts such as system notes and voice recordings of telephone conversation you’ve had with our employees
census and statistical information for purposes including product development and risk assessment
financial information (for example, credit card numbers to assist in the administration of payments for dental services).
details of purchases made and professional services used, including the date;
and sensitive information including:
- medical history;
- family medical history;
- current health and dental assessment; and
- health insurance details.

4. How Information May Be Collected

We may collect personal information directly from you in a number of ways, including:

You may choose to provide information through the contact forms on Our website;
You may choose to provide personal information directly to a 32 Pearls Dentists dentist providing dental services to you;
you may complete forms, send us an email, provide information during a visit to a 32 Pearls Dentists practice or by phone;
when You use professional services or purchase goods from Us.

We may also collect information from third parties if You have provided them with consent under their own privacy policies:

we may collect information from third parties such as your health insurance provider or Medicare; or
we may collect information from dentists, dental specialists or other health practitioners (for example if you were referred to us by another dentist).

If You have provided Us with information about another person, then You need to tell that other person that You have done so, that they have a right to access their information and that they can refer to this document for information on how We will handle their personal information.

If You do not provide Us with Your personal information, We may be unable to provide You with the products or services that You are requesting.

5. Use and disclosure of Your Personal Information

We may use Your personal information for a number of purposes, including:

to provide dental and related services to You;
to maintain and administer Your patient file(s) at a 32 Pearls Dentists practice;
to contact You in relation to any matter relating to You or the dental services or products provided to You;
to answer Your enquiries and deliver customer services to You;
to carry out internal functions such as administration, accounting, quality assurance and information technology;
to resolve complaints;
to monitor price and evaluate products and services;
to conduct marketing surveys, research and statistical analysis
to fulfil marketing promotions;
to administer Your invoicing for dental services, credit card payments, or to collect unpaid invoices;
to process Your health insurance claims;
to follow You up regarding further dental examinations or treatments required;
to send information to You about Us;
to comply with any laws or regulations.

If You submit online forms or send emails to Us containing personal information, We will use that information to respond to Your message or to contact You. The main purpose of collecting and using personal information submitted through Our web site is to respond to 32 Pearls Dentists patient and customer enquiries or feedback from this site.

We may store Your contact information for future reference.

5.1 Disclosure to Third Parties

In order to allow Us to provide manage and administer Our products and services to You and to operate an efficient and sustainable business, We may be required to disclose Your information to third parties. This may include disclosure in the following circumstances:

to Your nominated relatives in an emergency;
to government and regulatory bodies, eg. Medicare
to auditors and other service providers We may appoint to ensure the integrity of Our operations;
to any person or entity acting on Our behalf;
to dentists, dental specialists and other healthcare professionals, for the purpose of seeking a second opinion or a referral, where You have consented to obtaining the second opinion or the referral;
to third party health benefit providers and insurance companies (contact information only) to assist in the processing of a claim for reimbursement or payment of all or part of the cost of dental treatment submitted by You or on Your behalf;
to carry out a review of the practice for the purposes of improving the quality of care provided;
where disclosure is required by law, eg. compulsory notices from courts of law, tribunals or government agencies.

If We send your personal information outside of Australia We will require that the recipient of the information complies with privacy laws and contractual obligations to maintain the security of the data.

5.2 Direct marketing, Feedback & Survey

From time to time, We may contact You to provide You with information about products and services offered by Us, collect feedback and review from you on our offered product & services. When We contact You it may be via mail, phone, email or SMS. When You become our customer, You consent to Us using your personal information for direct marketing purposes (as described in this document), unless You have contacted us to withdraw Your consent. If You do not wish to receive marketing material from Us You can contact Us at any time to let Us know. Our contact details are at the end of this policy. When You contact Us to make this request, We will action your request within 5 working days.

If You request not to receive marketing material, please note that We will still contact You in relation to Our on-going relationship with You. For example, We will still send You reminder messages, any bills, statements and notices that are relevant to the products and services You have purchased from Us.

6. Handling and storage of Personal Information

We will take reasonable steps to ensure that your personal information is stored securely and is protected from misuse and loss and from unauthorised access, modification or disclosure. We will take reasonable steps to ensure that personal information provided by You will be handled in accordance with Australian privacy laws including the Australian Privacy Principles. We maintain strict data security standards and procedures with a view to preventing unauthorised access to your data by anyone other than Us.

Your personal information may be handled by Our employees. Information may be used by staff at a 32 Pearls Dentists practice for the administration or use of the practice and in the provision of services to You.

We keep your personal information for as long as it is required to provide You with the services and products You requested from Us and to comply with legal requirements.

If We no longer require Your personal information for any purpose, including legal purposes, We will take reasonable steps to securely destroy or de-identify your personal information except in circumstances permitted or required by law.

7. Accessing, Amending, Updating and Correcting Your Information

7.1 Access to personal information

You have the right to access personal information that is held about you. You can ask Us for access to the information that We hold about you at any time. Simply contact Us (Our contact details are listed below) to make your request. We will always endeavour to meet Your request for access within a reasonable time and in the manner requested by You if it is reasonable to do so. However in some circumstances, access to certain information may be declined. This includes the following circumstances:

We no longer hold or use the information;
providing access would have an unreasonable impact on the privacy of others;
the request is frivolous or vexatious;
the information relates to existing or anticipated legal proceedings and would not normally be disclosed as part of those proceedings;
providing access would be unlawful;
denying access is required by law;
providing access would be likely to prejudice the prevention, detection, investigation and prosecution of possible unlawful activity;
the information would reveal our commercially sensitive decision-making process; and
where access would pose a threat to the life or health of any individual.
the information would reveal our commercially sensitive decision-making process; and
where access would pose a threat to the life or health of any individual.

If We are unable to give you access to the information you have requested, We will give you written reasons for this decision when we respond to your request. If You have any concerns about the refusal, please see section 13 for further information.

We may charge You a reasonable fee for access to some types of information. This charge will be limited to the cost of recouping Our costs for providing You with the information. For example, document retrieval, photocopy, labour and delivery to You. We will not charge You to make a request to access Your information.

You may request access to your personal information by contacting Us as per the contact details at the end of this document.

7.2 Correcting your personal information

To enable Us to provide you with the best possible service, it is important that the information We hold about You is accurate. We will take reasonable steps to ensure that Your personal information is accurate, complete and up-to-date at the time of collecting, using or disclosing it. If You believe any information We hold about you is inaccurate, incomplete or out-of-date, You should contact Us to let Us know. We will respond to Your request within a reasonable period and will take reasonable steps to amend Your records.

7.3 Cookies and analytics

We use cookies and industry standard analytics to collect data to help us determine which pages are most popular, peak usage times and other information that helps us make our websites easier and more efficient for you to use. When you visit our websites we may set a cookie on your machine so that when you next visit our websites it links to your personal information that is stored on our system.

8. Website Security

The protection of personal privacy is a priority for Us.

Our website does not provide facilities that guarantee secure transmission of information over the internet. You should be aware that there are risks in transmitting information across the internet, including online forms and email. If you are concerned about conveying sensitive or personal material to Us over the internet, contact us by telephone to discuss the matter.

Our website contains links to other websites. You should take care in providing personal information to external websites linked to Our website. We are not responsible for the privacy practices of other websites or external websites linked to this website.

We collect standard web server/visitor traffic information, commonly referred to as aggregate information, regarding overall website traffic patterns. Normally, web servers collect this type of basic information as part of their web log processes. We only use this information for statistical, reporting and website administration and maintenance purposes. It is not used in a way that individually identifies You, and We do not report on individual users.

11. Changes to the Privacy Statement

We may change the content or services found on Our website at any time without notice. Consequently Our Privacy Statement may change at any time also without notice.

You can contact us at any time if you have any questions or concerns about this document or about how your personal information has been handled.