Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
TERMS & CONDITIONS
Welcome to www.theknightguard.com.au.
Impression Health Care Limited (ABN 93 096 635 246) (IHC) owns, operates and provides this Website and its related Products subject to the following terms and conditions of use of this Website.
IHC reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on IHC’s Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes and/or the Products.
In these Terms of Conditions:
IHC”, “us”, “we”, and “our” means Impression Health Care Limited, its director/s, employees and agents, its subsidiaries, its holding companies or subsidiaries of such holding companies,
“Website” means The Knight Guard's website www.theknightguard.com.au.
“You” and “your” refers to anyone who visits and/or uses this Website and/or the Products, accepts these Terms and Conditions.
“Website Materials” means all of the materials displayed on this website, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements.
“Personal Property Securities Register” means the Personal Property Securities Register established by the Personal Property Securities Act 2009 (Cth) and regulations made under it.
“Products” means the products available for sale by IHC (including its “Knight Guard” and/or “Invisible Retainer” range) and/or any other products available for sale through the Website.
Images of people, places and/or Products posted on this Website are either the exclusive property of IHC or are used herein with the express permission of IHC. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of IHC or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of IHC and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of IHC. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact IHC by using the contact details provided in these Terms and Conditions. Please note that IHC reserves all of its rights in this regard.
All trademarks, trade dress and service marks (whether registered or unregistered) and their respective designs and/or logos on this Website and used in relation to the Products are the exclusive trademarks and/or registered trademarks of IHC. The trademarks, trade dress and service marks of IHC may not be copied, imitated or used, in whole or in part, without prior written permission of IHC. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of IHC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of IHC. All other trademarks, registered trademarks, product names and company names or logos used on this Website and/or the Products are the property of their respective owners and have been licensed by IHC for the use of IHC only. You may not use any trademarks, trade dress, service marks or intellectual property of IHC or its related companies, nor may you place any Meta tags or any other "hidden text" utilising the name of IHC or its related companies, trademarks, or product names without our clear express written consent.
LICENSE AND SITE ACCESS
We grant you a limited license to make personal use only of the Website for consideration and/or purchase of the Products. Such grant does not include, without limitation: (a) any resale or commercial use of this Website or any of the contents of this Website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this Website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any Company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Website and any of the contents of the Website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Website or to collect any information from the Website or any other user of the Website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Linking to our Website is prohibited.
Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense and IHC accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third party websites.
If you use this Website and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on the Website, you agree that any information you provide to us will be current, accurate and complete. IHC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the IHC or another party due to the unauthorised use of your account and/or password either with or without your knowledge. You agree to notify IHC immediately of any unauthorised use of your account and/or password(s), or other breach of security.
From time to time IHC may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to IHC using your email address to send you IHC newsletters or product or service information updates (as applicable). IHC may also use your email address to send updates to you from time to time about changes to IHC’s Products.
CONDITIONS OF SALE
IHC will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party of any delivery issues, losses or defects within 48 hours of delivery of the Products to your nominated location (given all deliveries are completed through Australia Post).
In the event however that your delivery of the Products is lost or fails to be delivered, IHC will use reasonable endeavours to recover the Products and (at its discretion) agree to provide you with a replacement Product. The postage fee for the delivery of any such replacement Product must still be paid by you prior to the replacement Product being delivered to you.
IHC will access your impression and finish the appliance to cover all your teeth in the top arch.
Your Product may include an impression kit, to construct your Product. If additional materials are required (at its discretion) IHC will cover the cost of the replacement impression material (including any postal costs) on one occasion (unless otherwise advised by IHC).
If you require additional materials however following the provision of replacement impression materials by IHC, you will be required to pay any delivery costs associated with the provision of any additional materials.
As set out below under the Warranties, you acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products suits your dental issues.
Ownership of and title to the Product does not pass to you until the price payable for the product, including all charges, has been paid in full by you and payment processed and confirmed.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order to ensure that these Conditions of Sale have not changed.
IHC reserves the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products. Your contract with IHC for any Website purchase of the Products will only come into existence when IHC forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
IHC reserves its rights to register its interest in the Products on the Personal Property Securities Register.
IHC will provide you with a tax receipt for any purchase of the Products from the Website (invoice).
Acceptable payment methods for any purchase of the Products include all major credit cards and/or electronic bank transfer unless otherwise agreed with IHC. Payment will be made in full on completion and processing of the sale of the Products by IHC.
Products purchased will not be delivered until such time as full and complete payment for the Products has been received by IHC.
In the event of a default by you on the purchase of any Product, IHC reserves its right to terminate the proposed sale of the Products to you and suspend and cancel and delivery of the Products to you.
The Products are not health fund rebatable.
A minimum of 48 hours’ notice of cancellation is required for any purchase of the Products and will only be accepted subject to written confirmation being received from you and responded to by IHC. IHC reserves the right to levy a fee of up to 50% of the total purchase price of the cancelled sale of the Products to cover any administrative costs at its complete discretion and by notifying you in writing of its intention to do so. Any Products opened and/or used by you will not be able to be returned and/or refunded.
Money Back Guarantee
We extend to you the right to return to us any of the Products (that are unused) and to receive a refund to the value of the Products’ purchase price in accordance with the following guarantee (Money Back Guarantee).
The Money Back Guarantee is only valid for an initial seven (7) day period following the receipt of the Products by you (Guarantee Period). Following the Guarantee Period, the Goods will be deemed to have been accepted by you.
If however within the Guarantee Period you are not satisfied with the Products, you may seek a refund by notifying us in writing (Notice), prior to the expiry of the Guarantee Period. You must then return any relevant Product within ten (10) days of the Notice having been provided. We may then elect (at our total and complete discretion) to refund to you an amount equal to the amount previously paid by you for the Products (minus any postage).
For the avoidance of doubt, we reserve the right to refuse to provide a refund in accordance with the Money Back Guarantee for any reason.
Unless otherwise expressly stated, the price and any other sums payable for any Product is inclusive of GST.
Given GST is payable by you for any Products purchased from IHC under these Terms and Conditions, you agree to pay to IHC an additional amount that is equal to the amount payable by IHC for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.
In the event of a taxable supply, IHC will ensure any such supply is provided for in any Invoice provided to you.
CREDIT CARD AUTHORISATION
The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account however your order will not be dispatched until the next business day.
MATTER YOU MAY SUBMIT TO THE COMPANY
From time to time IHC may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, IHC welcomes your comments regarding our merchandise and Products, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to IHC must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory, offensive or unlawful material.
Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to IHC will become, upon your submission, the sole and exclusive property of IHC. IHC shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that IHC has the right to use such material in any way, including as outlined above and for promotional and advertising purposes, without compensation of any kind to you. If you choose to send material to us, you are forever assigning all rights in such original creative materials to IHC. By submitting any materials of any kind to IHC, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to IHC does not and will not violate or infringe the rights of any third-parties.
IHC has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, IHC reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by IHC necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children.
IHC does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorised company spokespersons, and their views do not necessarily reflect those of IHC.
This Website and/or the Products are designed for and intended for use by adults. If you are under 18, you may use this Website and/or the Products only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website and/or the Products by children, minors and others under your care. You agree to be responsible for their use of this Website and/or the Products. Any purchase of the Products is only available for sale to individuals who can make legally binding contracts. By placing any order for the Products you are verifying to IHC that you are able to make a legally binding contract.
www.theknightguard.com.au is the generic URL for the country specific to IHC.
This Website is provided "as is" and IHC excludes all warranties of any kind to the fullest extent permissible by law. IHC does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.
It may be necessary to interrupt the services provided on IHC’s Website in order to upgrade or maintain them, or for other circumstances beyond IHC’s control. Should IHC need to interrupt the availability of Products on Website, IHC will use its reasonable endeavours to minimise any interruption to the services.
Except to the extent that liability may not lawfully be excluded, IHC will not be under any liability to you (or any of your officers, agents or employees) for:
- any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of this Website or your use of or reliance upon any of the information, Products or materials contained in the Website and/or the Products or provided by the Website to you; or
- any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Website and/or the Products;
- your failure to select the appropriate or correct Product for your individual dental issues or use; or
- any failure by IHC to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
Further, where the law implies a warranty into these Website Terms and Conditions or in relation to the Products, which may not be lawfully excluded, IHC’s liability for breach of such a warranty shall be limited at its option in the case of the Products to either supplying the Products again or for an amount equal to having the Products supplied again.
You agree that this Website is provided free of charge. IHC shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. IHC may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of IHC. IHC shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by IHC. IHC does not endorse any material on those websites and do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does IHC warrant that material on other websites does not infringe the intellectual property rights of any other person.
www.theknightguard.com.au is intended for use within Australia only unless otherwise specified. IHC makes no representation that any product or service referred to on this Website is appropriate for use, or available, outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.
By using this Website and/or the Products, you consent to the Terms and Conditions and disclaimers, as defined by IHC. IHC reserves the right to change these conditions from time to time without giving you prior notice.
IHC’s aggregate liability to you for any other losses resulting from use of this Website and/or Products is limited to the nominal amount of $1AUD.
Your use of any materials or information provided on this Website and/or the Products is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Products.
Each Product is provided with a 1 year warranty with respect to the manufacturing and any material defects.
You acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision in determining which of the Products suits your dental issues. Unless otherwise provided in these Terms and Conditions, IHC will have no liability to you whatsoever in respect of your selection of any of the Products.
The warranty is strictly conditional upon the following:
- the impression kit checklist being fully completed by you and being fully accurate;
- you complying fully with each and every instruction, procedure and requirement of IHC including (but not limited to):
- reading, acknowledging and agreeing to the Terms and Conditions of IHC;
- reading, acknowledging and agreeing to the warranties and disclaimers provided in this document;
- complying with each step online and when in receipt of the kit;
In particular (in relation to the Products) that:
- you do not wear fixed orthodontics;
- you do not at any time during the process have any loose teeth;
- you do not at any time during the process have any loose crown(s);
- you do not at any time during the process have any loose bridge(s);
- at the time the impression was made by you, all dental appliances had been removed;
- you have viewed the online video on the Website in full prior to making the impression;
- you view the online video on the Website in full during the process of and in real time with making the impression; and
- you are over the age of 16-years-old.
The provision of the Products is subject to those mandatory warranties required by law.
The process of obtaining the impression and the provision of the Products by IHC is strictly subject to full compliance by you with each and every step and requirement of IHC and any failure by you to do so vitiates any warranty provided by IHC.
The provision of information by you is strictly and solely your responsibility and will be relied upon by IHC in relation to the Products.
Time estimates for provision of the Products are strictly estimates, not a contractual term. IHC will use reasonable endeavors to meet such time frames but it is not obliged to comply with them.
The health advice and Products presented by IHC or any of its employees, agents, directors and other associated third parties are in no way intended as a substitute for medical consultation. Dental health is a matter that varies from person to person. You should consult your dental professional before commencing any dental health program.
All information provided on the IHC website is for promotional or educational purposes only. The information provided is not provided as personal advice, nor is the information specific to your own personal situation. If you use the Products or follow any advice shown by IHC you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us, our agents, directors and any third party associated with IHC from any and all claims or causes of action, known or unknown from any claim whatsoever including (but not limited to) death, injury and/or property damage.
You agree to defend, indemnify and hold harmless IHC, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Products or your breach of any of these terms and conditions.
These Terms and Conditions can only be amended or varied by IHC at its own discretion and may not be amended or varied in any other manner.
IHC may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.
You are unable to assign any of your rights in any purchase of the Products without the prior written permission of IHC.
If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:
Name: Impression Healthcare Pty Ltd/Limited (ABN: 93 096 635 246)
Place of Registration: Australia
Registered Office Address: Suite 5/Level 3, 9 Bowman Street, South Perth WA 6151 Australia
Phone: +61 (02) 8188 4559