Legal Notice

Last updated: 4 April 2024

This website (“Website”) and the Terms of Conditions and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by Focus on Aligners Pty Ltd ABN (add ABN (“Site Owner,” “we”, “us”) from time to time. Your use of this Website, or any other services or content provided through the Website shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it. Please review our Privacy Policy for details about what information we collect and how we use it.

Website Intended Audience

This Website is intended for and directed to residents of Australia. This Website is not intended for anyone under the age of 18. YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT

Information Disclaimer

The information, including any advice and recommendations provided as part of the services, is intended solely for educational and informational purposes. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment. It is also not intended as a substitute for professional advice and services from a qualified healthcare specialist familiar with your unique facts. Your use of the services is subject to the additional disclaimers and caveats that may appear throughout the services.

To the maximum extent permitted by law, we assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, or other material provided as part of the services. While we strive to keep the information provided by the services accurate, complete, and up-to-date, to the maximum extent permitted by law, we do not give any assurances, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information provided as part of the services.

Ownership

You agree that the Website is the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in the agreement. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Website for any professional, healthcare-related or business purposes or other purposes not authorised under the agreement. We reserve the right to refuse or terminate access to the Website at our discretion. The Website is provided free of charge and on that basis we have no obligation to provide any maintenance or support services in relation to it and to the maximum extent permitted by law we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.

You may not copy, change or reuse the Website, any updates to it or any part of it including the software incorporated in it.

You may use this Website only for lawful purposes and in accordance with the agreement. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.

In addition, you agree not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user’s ability to engage in real-time activities through this Website; (ii) use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (iii) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorised purpose without the express prior written consent of Site Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.

We reserve all rights not expressly granted to you.

Privacy and Consent to Use Data

The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy . Our Privacy Policy addresses our collection, use, holding and disclosure of the information that you provide to us, including your rights relative to that information.

By providing your personal information to us via our Website (including any health information or other sensitive information that you provide), you consent to us collecting, holding, using and disclosing that information in accordance with our Privacy Policy.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically, subject to applicable privacy laws, and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Disclaimer of Warranties With Respect to Use of Website

To the fullest extent permitted under applicable law, the website and services are provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the site owner expressly disclaims all warranties of any kind, whether express, legal or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by law, the site owner does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. To the maximum extent permitted by law, the site owner makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

To the maximum extent permitted by law, no advice or information, whether oral or written, obtained by you from the site owner or through the website shall create any warranty not expressly made herein.

Limitations of Liability

Nothing in this agreement restricts, excludes or modifies or purports to restrict, exclude or modify any mandatory statutory consumer rights under applicable law.

With respect to any conditions, warranties or guarantees that cannot be excluded under applicable statutes, to the extent permitted by applicable law, our liability is limited (at our option) to the resupply or refund of the cost of the relevant portion of the services.

To the fullest extent permitted under applicable law: (a) we will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, or losses that were not reasonably foreseeable to you or us at the time you agreed to this agreement, in each case arising out of or in connection with the services or this agreement, and under any contract, tort (including negligence), strict liability or other theory (collectively, “indirect losses”). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both you and we knew it might happen.

Without limiting the foregoing, to the fullest extent permitted under applicable law, we will not be liable for indirect losses of any kind resulting from your use of or inability to use the services or from any products or third party materials, including from any virus that may be transmitted in connection therewith.

The company does not exclude or limit in any way our liability to you where it would be unlawful to do so.

To the fullest extent permitted under applicable law, our maximum aggregate liability for all damages, losses and causes of action arising out of or in connection with the services or this agreement, whether in contract, tort (including negligence) or otherwise, will not exceed the greater of (a) the total amount, if any, paid by you to us to use the services; and (b) ten Australian dollars ($10).

All limitations of liability of any kind in this agreement (including in this section and elsewhere in this agreement) are made for the benefit of the company and its directors and shareholders.

With respect to any conditions, warranties or guarantees that cannot be excluded under statute, to the extent permitted under applicable law, our liability is limited (at our option) to the resupply or refund of the cost of relevant services.

Modification or Suspension of the Website

We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.

Termination

We may at any time terminate your use of or access to the Website. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Agreement regarding Ownership, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Links to Third Party Sites

This Website or Services may contain links or references to third party websites or information including information, data, opinions, recommendations, products or service (“Third Party Materials”). These Third Party Materials are provided for your convenience only. We do not control or endorse, and are not responsible for, any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials at any time. Your access or use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such materials.

Indemnification

To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless Site Owner and its respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website.

Modifications to these Terms

We may make changes to these Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Website, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.

Acceptable Use

You must not:

Interfere with the operation of the Services or the servers or networks used to make the Services available, including by hacking or defacing any portion of the Services, or violate any requirement or policy of such servers or networks.

Reverse engineer, decompile or disassemble any portion of the Services, except where such restriction is expressly prohibited by applicable law.

Systematically download and store Services content.

Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the root directory of the Services, we grant to the operators of public search engines permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available, searchable indices of such materials, but not caches or archives of such materials. We reserve the right to revoke such permission either generally or in specific cases, at any time and without notice.

Contact Information

If you have any questions or concerns with respect to these Terms of Use or the Website you may contact us as identified in the Privacy Policy or the “Contact Us” section (https://focusonaligners.com/contact/) of this Website.

Severability of Agreement

Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Survival

All Sections shall survive the termination of the right to use the Website.

Applicable Law and Jurisdiction

The information on the Website is intended only for use by residents of Australia. Other countries may have laws, regulatory requirements, or medical practices that differ from those in Australia/

The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website, and any non-contractual obligations arising out of or in connection with these Terms of Use, shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Site Owner and you related to the Agreement shall be brought exclusively in the courts of the State of Queensland and of the Commonwealth of Australia, and you agree to submit to the personal and exclusive jurisdiction of such courts.

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