Terms Of Service

© Broad Horizons Media Pty Ltd 2014. All rights reserved.

Background

I.         Broad Horizons Media Pty Ltd (Providing services under the name Digital Smile Lab) is a company incorporated in Australia, engaged in the business of providing spacial analysis, graphic design, and image simulation services for service providers and patients in the Dental industry.

II.         These Terms of Service are intended to be legally binding and by submitting a case you agree to give effect to the arrangements contemplated by them.

1. Engagement & Fee

1.1 You are engaging Digital Smile Lab to create and supply simulated images depicting the expected outcomes of your cosmetic dentistry treatments (the ‘Services’) for the purposes of you analysing, promoting or prescribing cosmetic dentistry services.

1.2 You agree to pay the proscribed fees in exchange for provision of the Services.

2. The Services

2.1  In order for Digital Smile Lab to supply the Services, you agree to provide Digital Smile Lab with:

(a)    Relevant photographic images of the patient/s, of sufficient quality and detail to allow Digital Smile Lab to supply the Services;

(b)    Details of the cosmetic dentistry procedures you intend to perform on the patient, with a requirement that the proposed treatment be realistic and feasible;

(c)    Any instructions or other information necessary for Digital Smile Lab to supply the Services.

2.2 Digital Smile Lab will, within an agreed timeframe, provide you with:

(a) Digital images of an acceptable resolution and quality, depicting a simulation of the expected outcomes of your cosmetic dentistry services being proposed for the patient.  

3. Ownership of Intellectual Property

(a) Upon payment of the fee to Digital Smile Lab, all intellectual property rights in the images created in Digital Smile Lab performing the Services will automatically be assigned to you.

(b) You agree to provide express permission for Digital Smile Lab to use the images created and submitted in performing the Services for the purposes of Digital Smile Lab’s own advertising, marketing and display purposes provided the images are unidentified and/or not able to be linked to an individual.

4. Indemnity

(a) Digital Smile Lab is not liable and does not accept responsibility for any variation between the images created by the Services and the final treatment outcome produced for the patient;

(b) The actual colours and resolution of the images produced by the Services may appear differently between monitors and devices, and therefore Digital Smile Lab cannot guarantee that your monitor’s display of a colour will be accurate.

(b) In providing the Services, Digital Smile Lab is not making a representation or providing an opinion as to the likely outcome or feasibility of the proposed or prescribed treatment;

(c) It is your responsibility to recommend a treatment that is reasonable, feasible and ethical in the circumstances;

(d) You remain liable, and shall indemnify Digital Smile Lab against, any claims from your patient in respect of any injury or damage whatsoever insofar as that injury or damage arises out of or in the course of or by reason of Digital Smile Lab’s performance whether negligent or otherwise of its obligations in performing the Services.

Delivery Policy

We pride ourselves on providing an excellent level of customer service and expedient delivery of case outcomes. In order to provide you with a quality simulation service, our technicians require adequate time to process your case. All cases will be delivered digitally within 7 working days of receipt unless other delivery arrangements have been privately negotiated.
Once your case is submitted, you will be notified by email when your case is ready to review. All case revisions will be returned within 48 hours of being received unless you are advised otherwise. If you are concerned at any stage about the delivery or timing of your case, please do not hesitate to contact customer support: support@digitalsmilelab.com

Refund Policy: Terms and Conditions

The general policy of DSL is to strive to achieve customer satisfaction as a top priority. We encourage users to contact us if they are not satisfied with any results. We will provide revisions of the simulated result within 7 days of the case being delivered without any further charge to the user. If you are still not happy with the result, the following consumer guarantees are adopted.
Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:

  • reject the goods / service and receive a refund
  •  reject the goods / service and receive an identical replacement, or one of similar value if reasonably available, or
  •  keep the goods / service and receive compensation for the drop in value caused by the problem.

Privacy Policy

DSL is founded on the principles of helping people to enhance their treatment planning abilities and communication. As part of this process some personal information is collected and stored to enable us to tailor our service to your specific requirements and store your cases so you can access them as needed. DSL knows that you care about how your personal information is used and shared, and we take your privacy very seriously. Please read the following to learn more about our privacy policy. By visiting the DSL website, you are accepting the practices outlined in this Privacy Policy.

This Privacy Policy covers DSL treatment of personal information gathered when you are on the DSL website and when you use DSL services. This policy does not apply to the practices of third parties that DSL does not own or control, or to individuals that DSL does not employ or manage.

Information Collected by Digital Smile Lab

We only collect personal information that is relevant to the purpose of our website, which is to provide customized digital simulations of potential dental treatment outcomes. This information allows us to provide you with an efficient user experience. We do not process this information in a way that is incompatible with this objective. We collect the following types of information from our DSL users:

1. Information You Provide to Us: 
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our features.

2. 
Registration: In order for you to use DSL services, such smile simulation or education resources, you must complete a registration form. As part of this registration form, we require specific personal information (including your full name, and e-mail address).

We collect financial information (such as credit card information) from you in order to receive payment from you for products and services which you order. This information is not held by us, and is processed and handled securely by our financial partners Paypal, and Braintree Payments (a National Australia Bank affiliate).

3. User Profile: To allow you to express yourself beyond just the information collected during registration, we enable you to provide additional information, however there is no necessity to provide information beyond what is needed for simulation service delivery.

4. Automatic Information: 
We receive and store certain types of information whenever you interact with us. DSL and its authorized agents automatically receive and record certain “traffic data” on their server logs from your browser including your IP address, DSL cookie information, and the page you requested. DSL uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.

5. 
DSL may collect and, on any page, display the total counts that a page has been viewed. This includes User Profile pages. Many companies offer programs that help you to visit websites anonymously. While DSL will not be able to provide you with a personalized experience if we cannot recognise you, we want you to be aware that these programs are available.

E-mail Communications

DSL is very concerned about your privacy and we will never provide your email address to a third party without your explicit permission, as detailed in the “Sharing Your Information” section below. DSL may send out e-mails with DSL-related news, products, offers, surveys or promotions. You may also receive notification e-mails from DSL, which inform you of actions that have been performed on the site. If you do not want to receive e-mail from us, please visit the user preferences tab and update the notification frequency option.

Cookies

  • Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our website are visited and by how many people. DSL cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your screen name or e-mail address is.
  • The “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. We recommend that you leave the cookies activated because cookies allow you to use some of DSL’s best features.

Sharing Your Information

  • Because DSL enables people to discover and share information with one another, information about the people who use DSL is an integral part of the DSL experience. Rest assured that we neither rent nor sell your personal information to anyone and that we will share your personal information only as described below.
  • DSL Personnel: DSL personnel and authorised consultants and/or contractors may have access to user information if necessary in the normal course of DSL business.
  • Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if DSL, or substantially all of its assets, were acquired, user information would be one of the assets that is transferred.
  • Protection of DSL and Others: We may release personal information when we believe in good faith that release is necessary to comply with a law; to enforce or apply our Terms of Use and other policies; or to protect the rights, property, or safety of DSL, our employees, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
  • User Profile information: Information collected during registration and subsequent visits, such as your full name and location, may be displayed to other DSL users in your User Profile. The User Profile is the area on DSL where we allow you to tell other DSL users about yourself and your interests. You may control what personal information is displayed in your User Profile by visiting the Privacy Settings section of your User Profile.
  • With Your Consent: Except as noted above, we will contact you when your personal information is shared with third parties or used for a purpose incompatible with the purpose(s) for which it was originally collected, and you will be able to opt out to prevent the sharing of this information.

Keeping Information Secure

  • Your DSL account information is protected by a password for your privacy and security. You can protect yourself against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer.
  • Only employees who need personal information to perform a specific job (for example, a customer service representative) are granted access to it. All of our employees are kept up to date on our privacy and security practices.

Ways to Control Display and Use of Your Information

  • As stated previously, you can always opt not to disclose information, but then you may be unable to use certain features on our website, such as posting.
  • You may request deletion of your DSL account by e-mailing us at support@digitalsmilelab.com.
  • However, please note that you will continue to receive all system e-mails (e.g. those regarding forgotten user passwords) and legal notices (e.g. updates to our policies) from us.
  • As explained earlier, the “help” portion of the toolbar on the majority of browsers will direct you on how to prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies. Please note, however, that if your browser does not accept cookies, you will not be able to take advantage of some of our attractive features.

Children Under 18 Years of Age

You must be 13 years and older to register to use the DSL website. As a result, DSL does not specifically collect information about children. If we learn that DSL has collected information from a child under the age of 13, we will delete that information as quickly as possible. We recommend that minors between the ages of 13 and 18 ask and receive their parents’ permission before using DSL or sending information about themselves or anyone else over the Internet.

Changes to this Privacy Policy

DSL may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the DSL website so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Conditions of Use

If you decide to visit DSL website, your visit and any possible dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, arbitration of disputes, and application of New South Wales state law.

Our ABN: 95153523963

Phone number: (02) 6651 1220