© Broad Horizons Media Pty Ltd 2014. All rights reserved.
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.
1.1 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.
2.1 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.
(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.
(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.
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:
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.
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.
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.
Our ABN: 95153523963