Trading Terms

At the Provider’s sole discretion the Fees shall be either:

1. as indicated on invoices provided by the Provider to the Patient in respect of Treatments provided; or
2. the Provider’s specified Fees as applicable to the individual Treatment Plan offered to and accepted by, or on the behalf of, the Patient. All Treatment Plan offers are only valid for thirty (30) Days from the date when they are first offered to the Patient and are subject to Fees review if the Patient wishes to accept a Treatment Plan after that period.

Time for payment for the Treatments being of the essence, the Fees will be payable by the Patient on, or in advance of, the date of the Treatments or components thereof, or in the alternative, and at the sole discretion of, and pre-approval by the Provider, on the date/s determined by the Provider, which may be:

1. by way of instalments/progress payments in accordance with the Provider’s payment schedule;
2. the date specified on any invoice or other form as being the date for payment; or
3. failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Patient to the Provider

The risk in all Treatments provided (including any goods supplied for the provision thereof) shall pass to the Patient immediately:

1. once the Treatment Plan is accepted by the Patient; and/or,
2. upon the provision of the Treatments or components thereof; and/or
3. upon the supply of any goods or services; and
4. it shall be the Patient’s responsibility to ensure they are insured adequately or at all.

1. the Patient has paid the Provider all amounts owing to the Provider; and
2. the Patient has met all other obligations due by the Patient to the Provider in respect of all contracts between the Provider and the Patient.

1. that the Patient is only a bailee of the goods and must return the goods to the Provider on request.
2. the Patient should not convert or process the goods or intermix them with other products but if the Patient does so then the Patient holds the resulting product on trust for the benefit of the Provider and must sell, dispose of or return the resulting product to the Provider as it so directs.
3. the Patient irrevocably authorises the Provider to enter any premises where the Provider believes the goods are kept and recover possession of the goods.
4. the Provider may commence proceedings to recover the Fee notwithstanding that ownership of the goods has not passed to the Patient.

1. promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which the Provider may reasonably require to;
   1. register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
   2. register any other document required to be registered by the PPSA; or
   3. correct a defect in a statement referred to in clause 7.3(a)(i) or 7.3(a)(ii);
2. indemnify, and upon demand reimburse, the Provider for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any registration made thereby;
3. not register a financing change statement in respect of a security interest without the prior written consent of the Provider;
4. not register, or permit to be registered, a financing statement or a financing change statement in relation to the goods and/or collateral (account) in favour of a third party without the prior written consent of the Provider

If the Patient is not a consumer within the meaning of the CCA, the Provider’s liability for any defective Treatments is:

1. limited to the value of any express warranty or warranty card provided to the Patient by the Provider at the Provider’s sole discretion;
2. otherwise negated absolutely.

1. the Patient failing to properly maintain or store any Treatments;
2. the Patient using the Treatments or any goods for any purpose other than that for which they were designed, or outside the tolerances and/or limitations of the Treatments or goods;
3. the Patient continuing to use any goods after any defect became apparent or should have become apparent to a reasonably prudent individual;
4. interference with the Treatments by the Patient or any third party without the Provider’s prior approval;
5. the Patient failing to follow any instructions or guidelines provided by the Provider;
6. fair wear and tear, any accident, or act of God.

Without prejudice to any other remedies the Provider may have, if at any time the Patient is in breach of any obligation (including those relating to payment) under these terms and conditions the Provider may:

1. suspend or terminate the provision of Treatments to the Patient. the Provider will not be liable to the Patient for any loss or damage the Patient suffers because the Provider has exercised its rights under this clause;
2.  revoke and reverse any discount that was given to the Patient, and the patient’s Debt shall increase by the amount of any such reversal.

Without prejudice to the Provider’s other remedies at law the Provider shall be entitled to cancel all or any part of any order of the Patient which remains unfulfilled and all amounts owing to the Provider shall, whether or not due for payment, become immediately payable if:

1. any money payable to the Provider becomes overdue, or in the Provider’s opinion the Patient will be unable to make a payment when it falls due;
2. the Patient becomes insolvent/bankrupt, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Patient or any asset of the Patient.

The Patient agrees that the Provider may exchange information about the Patient with those credit providers and with related body corporates for the following purposes:

1. to assess an application by the Patient; and/or
2. to notify other credit providers of a default by the Patient; and/or
3. to exchange information with other credit providers as to the status of this credit account, where the Patient is in default with other credit providers; and/or
4. to assess the creditworthiness of the Patient including the Patient’s repayment history in the preceding two years.

The Patient consents to the Provider being given a consumer credit report to collect overdue payment on commercial credit.

The Patient agrees that personal credit information provided may be used and retained by the Provider for the following purposes (and for other agreed purposes or required by):

1. the provision of Treatments; and/or
2. analysing, verifying and/or checking the Patient’s credit, payment and/or status in relation to the provision of Treatments; and/or
3. processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Patient; and/or
4. enabling the collection of amounts outstanding in relation to the Treatments.

the Provider may give information about the Patient to a CRB for the following purposes:

1. to obtain a consumer credit report;
2. allow the CRB to create or maintain a credit information file about the Patient including credit history.

The information given to the CRB may include:

1. personal information as outlined in 12.1 above;
2. name of the credit provider and that the Provider is a current credit provider to the Patient;
3. whether the credit provider is a licensee;
4. type of consumer credit;
5. details concerning the Patient’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
6. advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Patient no longer has any overdue accounts and the Provider has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
7. information that, in the opinion of the Provider, the Patient has committed a serious credit infringement;
8. advice that the amount of the Patient’s overdue payment is equal to or more than one hundred and fifty dollars ($150).

The Patient shall have the right to request (by e-mail) from the Provider:

1. a copy of the information about the Patient retained by the Provider and the right to request that the Provider correct any incorrect information; and
2. that the Provider does not disclose any personal information about the Patient for the purpose of direct marketing. The patient agrees to reimburse the Provider in advance a sum reasonably determined by FACALAB for its expenses, remarketing costs and losses associated with removing or editing any photographs, videos or marketing material for which the patient provided a prior non-cancellable consent or agreement. The patient also agrees to the reversal of any discounts and payment of the full fees for any treatment received in lieu of photographs, videos or material obtained from the Patient for the purpose of marketing.

the Provider has adopted a Privacy Policy and follows these procedures:

1. The information collected from the Patient will be used for the purpose of providing treatment. Personal information such as Patient’s name, address and health insurance details will be used for the purpose of addressing accounts to the Patient, as well as processing payments and writing to the Patient about the Provider’s services and any issues affecting the Patient or treatment.
2. the Provider may disclose the Patient’s health information to other health care professionals, or require it from them if, in the Provider’s judgement, that is necessary in the context of the Patient’s treatment. In that event, disclosure of the Patient’s personal details will be minimised wherever possible.
3. the Provider may also use parts of the Patient’s health information and records for research purposes, in study groups or at seminars as this may provide benefit to other patients or professional colleagues. Should that happen, the Patient’s personal identity will not be disclosed without consent to do so.
4. The Patient’s medical history, treatment records, x-rays and any other material relevant to the Patient’s treatment will be kept at the Provider for a period of four (4) years, and will be archived off site for a further period as required by law. The Patient may inspect or request copies of the records of treatment at any time, or seek an explanation from the Provider. Statutory fees will apply in relation to the types of access the Patient seeks. If the Patient requests an explanation of the Provider’s records or a written summary, the Provider’s usual or hourly fees (whichever the greater) apply to these services.
5. If any of the information the Provider has about the Patient is inaccurate, the Patient may ask the Provider to alter the records accordingly.
6. The Treatment Plan will often be posted to the Patient’s referring doctor or dentist, or another person involved (or was involved) in the Patient’s overall care, as may be appropriate or required. The Patient must notify the Provider in writing if they have any objections.