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Terms & Conditions

Focus on Aligners Pty Ltd ABN 94 674 388 017 (“Us, we, party, FOA or Focus on Aligners”) of 5 Latrobe Terrace Paddington Qld 4064.

To achieve our outcomes, it is important that we establish the relationship between us and you – the treating practitioner (“You, party, or your”). It is also important you understand and agree to these terms and conditions. By ticking the “I agree” box, you have acknowledged and agree to be bound expressly by these terms and conditions. They are:

  1. The treating practitioner understands that you are solely responsible for the clinical outcomes of treatment for your patient. Focus on Aligners cannot be held in any way responsible for clinical outcomes. It is implicitly understood we are not able to assess or influence the patient’s behaviour, or assess the actual individual clinical situation presented.
  2. The treating practitioner understands that the decision to treat a patient is solely theirs. Focus on Aligners does not have the information to determine whether a patient should or should not be treated. You as the treating practitioner rely on your own professional judgement for all clinical decisions. We cannot and will not be responsible for your decisions to treat a patient.
  3. It is understood and accepted that the treating practitioner has advised the patient of all possible treatment alternatives (and all the associated costs) available to them, including the option of no treatment.
  4. The treating practitioner has clearly explained to the patient, and the patient has understood the explanation of the common risks associated with orthodontic treatment, as well as the clinical risks relevant to that particular patient. The patient has been informed of their obligations during treatment, as well as the need for appropriate retention.
  5. The treating practitioner can choose to ignore the advice given to them by FoA and proceed on your own treatment plan at your own volition. Payment to Focus on Aligners however is required when the treating practitioner submits a patient for advice and treatment planning, as determined by the treating practitioners’ level of support they have engaged with Focus on Aligners and is due and payable regardless of whether you decide to use the plan provided by FoA.
  6. Once the treating practitioner has purchased a single case, or a case bundle, it will be available until it is used. There is no time limit or requirement for the cases to be used.
  7. Once a treating practitioner submits a case to Focus on Aligners a single case fee will be charged and the treating practitioner shall be responsible for this charge even if the selected patient does not proceed with treatment, or treatment is cancelled.
  8. Focus on Aligners is not responsible for the final approval to order the aligner. Also, once aligners are ordered by the treating practitioner then you are responsible for any fees incurred. No cost is incurred by us for the alignersat any time. You indemnify us against any claim made against us for your orders by any third party.
  9. It is the treating practitioners’ responsibility to know how to use and understand any, and all, software supplied andrequired for the treating practitioner to undertake the successful treatment of a patient. We take no responsibility for any shortcomings you may have in this area.
  10. It is the treating practitioners’ sole responsibility to know how to undertake any of the clinical procedures required in treating a patient. We do not vet your professional accreditations and rely on your assertions of your training a skills in this area.
  11. It is the treating practitioners’ responsibility to be aware of and understand all the terms and conditions set out by any third party with whom they establish a relationship with. These relationships are totally independent of Focus on Aligners and we cannot be held responsible for any third party relationship that the treating practitioner establishes, including but not limited to warranties, indemnities and guarantees.
  12. The treating practitioner shall provide records of an adequate standard, which includes relevant photographs and radiographs of the patient they intend to treat, as well as an adequate impression or intra-oral scan. Should these records be of a standard that does not allow FoA, in our sole opinion, to adequately evaluate the case and provide an accurate plan, Focus on Aligners will request you bring the records up to an adequate standard, as determined solely by us, before proceeding further. If the records do not meet the required standard Focus on Aligners have the
    right to refuse to advise the treating practitioner.
  13. Should the treating practitioner continually fail to provide adequate records Focus on Aligners has the right to refuse further collaboration with the treating practitioner, at FoAs sole discretion, and will agree to hold any case fees against future cases which meet the standards of FoA.
  14. The relationship between the treating practitioner and Focus on Aligners is on a case by case basis. The treating practitioner has the right to end their relationship with Focus on Aligners at any time with no financial penalties, providing any, and all, outstanding fees have been paid. Any residual unused prepaid case fees shall remain with Focus on Aligners and can be used at any time but will not be refunded.
  15. Focus on Aligners cannot be responsible for any financial arrangements or responsibilities the treating practitioner may have with any other company. You indemnify us against any claim that may arise out of any such arrangement.
  16. Focus on Aligners cannot be held responsible for any perceived effects the treating practitioner may believe has occurred in their practice because of the relationship with us, positive or negative.
  17. It is understood that the service Focus on Aligners provides is not to educate or train you in clinical treatment of your patients. This is your responsibility to ensure you are trained adequately and undertake professional development in these areas. Focus on Aligners purpose is to assist with a resolution of the virtual treatment plan, and we will not spend time educating you on the clinical reasons we chose that specific treatment. It is expected and understood you have the professional training to understand these outcomes.

Focus on Aligners shall provide the following services:

  • A) Orientation and explanation of the website, where required, and assistance in the establishments of the treating clinician’s own private portal.
  • B) Ensure that all online records and correspondence remain private and confidential with Focus on Aligners and the treating practitioner. Focus on Aligners warrants the online platform complies with the Privacy Act 1988 (Cth) (“Privacy Act”).
  • C) Keep all information supplied to them by a practitioner confidential, unless required to disclose such information by law, under the direction of a court order or subpoena.
  • D) Once a case is submitted Focus on Aligners shall commence treatment planning and present a treatment plan, with explanation, in a timely manner so not as to inconvenience the treating practitioner or the patient. We commit to this being provided in fourteen (14) days approximately. It is understood by the Treating Practitioner that this timeframe is outside FoA’s control and fully reliant on the aligner company’s reply and case complexity.
  • E) Agree to answer all ongoing communications in a timely manner.
  • F) Focus on Aligners cannot finally approve a case for the commencement of treatment on behalf of the treating practitioner. This must be done by you to ensure that the patient understands the treatment and treatment objectives.
  • G) Commit to providing treatment plans appropriate for the cases being considered for treatment.
  • H) Provide advice to assist the practitioner in achieving a successful treatment outcome.
  • I) FoA will offer, at an additional cost, refiner/additional/extra aligners which can be used where the outcome of the treatment due to external conditions (including, but not limited to, patients biological response, practitioner knowledge and skill, or patient dedication to the treatment) does not meet the outcomes of the virtual plan.
  • J) Share in a remote monitoring service for patients to further improve their treatment outcomes, should the practitioner
    participate.

Fee and lab-fee payments

  1. Credit card transactions and direct debit will be processed securely by stripe. Please be aware of their terms and conditions. FoA will not store you credit card or bank details at any time. Stripe may hold these details, but they are not shared with us.
  2. Failure to pay any amount by its due date will constitute a material breach of the Agreement. Focus on Aligners will charge a late fee on amounts not paid to Focus on Aligners as provided in the Agreement at the lesser of the maximum amount chargeable by law or one and one- half percent (1.5%) per month commencing on the date payment was due.
  3. You indemnify Focus on Aligners against all legal fees and associated costs for the recovery of any debt owed by you. This includes but is not limited to court filing fees, legal fees and process server costs.
  4. You will provide credit card and/or bank details information to the secure payment gateway, and authorise Focus on Aligners to charge such credit card(s) (and any replacements or substitutes) and/or bank accounts for any and all fees and charges as they become due under the Agreement. Customer shall keep all credit card information up to date and shall ensure sufficient credit lines for all charges as they become due. Failure to keep the credit card information current or failure to maintain sufficient credit will result in the delay of delivery of Focus on Aligners services and will constitute Customer’s material breach of the Agreement. Which will result in the us seeking legal advice on the collection of the debt and you will incur additional costs which you have agreed to and indemnified us against.

Limitation of liability

In no event will Focus on Aligners be liable for any special, indirect, incidental, speculative, punitive or consequential damages or loss of goodwill in any way relating to the Agreement or resulting from the use of or inability to use the Focus on Aligners services, including, without limitation, damages for loss of profits, data or use incurred you or any third party, even if Focus on Aligners has been notified of the possibility of such damages.

Notwithstanding anything to the contrary contained in the Agreement, the Parties agree and understand that Focus on Aligners is a platform where, you are provided access to specific software and Focus on Aligners services for use by you. You understand that you are fully responsible for all professional obligations and decisions related to all patients, including, without limitation, the responsibility to obtain informed consent, diagnose the patient’s orthodontic needs and condition and to determine, prescribe and administer the appropriate treatments required for the patient using
your professional judgment, skills and training.

You warrant you are a sophisticated purchaser and acknowledges and agree that the allocation of risks in the Agreement is reflected in the amounts due from Customer and other charges provided under the Agreement, that Focus on Aligners cannot control the manner in which you use the Software or Focus on Aligners services, and that the allocation of risks under the Agreement are reasonable and appropriate under the circumstances.

Warranty

Other than as expressly set forth in the agreement, Focus on Aligners does not make any express or implied warranties, with respect to the Focus on Aligners services, the documentation, or any other product or service provided hereunder or otherwise regarding the agreement. Without limiting the foregoing, any implied warranty of merchantability, non-infringement, and fitness for a particular purpose are expressly excluded and disclaimed.

Nondisclosure and condifentiality

  1. Confidential Information Disclosure Limitations. Each Party may have access to Confidential Information of the other Party. The recipient of such Confidential Information agrees to hold such information in strictest confidence and not to disclose, or cause to be disclosed, the information to any third party or parties, with the exception of the receiving Party’s attorneys, accountants, agents and contractors who are bound by confidentiality obligations at least as protective as those contained in the Agreement, or utilise the Confidential Information for any purpose other than as expressly contemplated by the Agreement. A Party may disclose the other Party’s Confidential Information if required by the order of a court or administrative body, provided that it gives the other Party prompt notice of such requirement in order to allow such Party to contest the disclosure and/or obtain confidential treatment for such disclosure. Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the Agreement. Each Party agrees that due to the unique nature of Confidential Information there may be no adequate remedy at law for breach of this paragraph and that such breach may cause irreparable harm to the other; therefore the non-breaching Party shall be entitled to seek immediate injunctive relief,
    in addition to whatever remedies it may have at law or under the Agreement.
  2. The parties understand that in connection with the performance of the Agreement, Focus on Aligners and its employees may acquire from you, patient details (“Protected Health Information”) and make use of this information. All information is understood and agreed to be protected by Australia’s Privacy Act.
  3. Focus on Aligners and you agree that Protected Health Information disclosed to Focus on Aligners by you may be used or disclosed by Focus on Aligners as necessary to perform our obligation pursuant to the Agreement and for the proper management and administration of the treatment plan. Focus on Aligners and you further agree that Focus on Aligners may de-identify the disclosed Protected Health Information for Focus on Aligners research and marketing purposes.
  4. Focus on Aligners agrees to:
  5. use or further disclose Protected Health Information only as permitted or required to perform its obligations
    under the Agreement or as otherwise Required by Law;
  6. use appropriate safeguards to prevent use or disclosure of Protected Health Information other than as
    allowed or provided for by the Agreement;
  7. notify you of unauthorised use or disclosure of Protected Health Information or Electronic Protected Health
    Information that is known to Focus on Aligners and not permitted or required under the Agreement;
  8. require its agents and subcontractors, to whom Focus on Aligners provides Protected Health Information in
    performing its obligations under the Agreement to agree, to adhere to the same restrictions and conditions on the
    use and disclosure of Protected Health Information that apply to Focus on Aligners pursuant to the Agreement
    and to comply with the same standards and requirements as apply to Focus on Aligners with respect to
    Protected Health Information;
  9. make Focus on Aligners policies and procedures relating to use and disclosure of Protected Health Information
    available to the Office of the Australian Information Commissioner’s (OAIC) for purposes of determining our
    compliance with the Privacy Act, subject to applicable legal privileges;
  10. at the written request of you, provide to you the necessary information, in Focus on Aligners’ possession, to
    respond to a request by an individual for an accounting of the disclosures of the individual’s Protected Health
    Information.
  11. upon termination of the Agreement, if feasible, return to you or destroy, all Protected Health Information in our
    possession;
  12. make available Protected Health Information to you, if requested in writing, before we have destroyed it;
  13. implement administrative, physical and technical safeguards that reasonably and appropriately protect the
    confidentiality, integrity and availability of the Electronic Protected Health Information that it creates, receives,
    maintains, or transmits on behalf of the patient.
  14. report to you any Security Incident of which Focus on Aligners becomes aware;
  15. notify you of any Breach of Unsecured Protected Health Information within sixty (60) days of the discovery of such
    Breach; and
  16. Focus on Aligners adheres to Australian Privacy Principles (APP) which are the cornerstone of the privacy protection
    framework in the Privacy Act which applies to any organization or agency.

Intellectual property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, international copyright laws, and international conventions. The Content and the Marks are provided on the Site“AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial.

Miscellaneous

  1. As of the date of acceptance of these terms and conditions, the Agreement will be binding upon and inure to the benefit of the Parties, their legal representatives, permitted transferees, successors, and assigns as permitted by the Agreement.
  2. The Agreement, to the extent signed and delivered by electronic means acknowledges and consents to the execution and acceptance by this means and is bound in all manner and respects, and will have the same binding effect, as an original document. This is defined under the Electronic Transactions Act 1999 (Cth).
  3. Assignment. The Agreement and any rights and obligations may not be sold, leased, assigned or otherwise transferred in whole or in part by you without the prior written consent of Focus on Aligners.
  4. No Waiver. No delay or failure in exercising any right under the Agreement and no partial or single exercise of such right will be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of the Agreement will constitute consent to any prior or subsequent breach.
  5. Governing Law and disputes. These terms and conditions are governed by the laws of Queensland. Any dispute will be subject to resolution within the Queensland jurisdiction.
  6. Entire Agreement. The agreement represents the entire agreement between Focus on Aligners and you in relation to the subject matter at the time this agreement was signed electronically by you. This agreement supersedes all prior representations, communications, agreements, statements or undertakings, whether oral or in writing.
  7. Amendments. All modifications or amendments to the Agreement will not be effective unless made in writing and signed by authorised representatives of the FoA and you. If any provision hereof is held to be invalid or unenforceable, the remaining provisions will remain in full force.
  8. Notice. Any notice required or permitted to be given hereunder shall, except where specifically provided otherwise, be given in one of the following ways:

(i) for notices to you, by way of private message through our online platform, or
(ii) for notices in writing or by personal delivery, certified mail, or overnight delivery to the address
specified in your online signup. This may be an email address. The date upon which any given notice is
received shall be deemed to be the date of such notice, irrespective of the date appearing thereon. Any
Parties e-mail or physical address for receipt of notice hereunder may be changed at any time upon
notice to the other Party.

Contact Us

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