Detailed description of goods and/or services
OptiSmile Inc. is a business in the dental industry that provides dental health services and goods.

Acceptance

The website is operated by OptiSmile Inc. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (“Terms and Conditions”). You should read them now. Your use of the website constitutes your agreement to the Terms and Condition.

OptiSmile Inc. reserve the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.

Disclaimer

OptiSmile Inc. does not guarantee the availability of services offered on this website (“the Services”) or the accuracy of the information and/or images on this website. We make no representations or warranties, whether express or implied, and assume no liability or responsibility for the proper performance of this website and/or the Services and/or the information and/or images contained on this website, and the Services are thus used at your own risk. In particular, we make no warranty that the Services will meet your requirements, be uninterrupted, timely, and secure or error-free.

Payment options accepted

Payment may be made via Visa and MasterCard and Mobicred

Card acquiring and security

Card transactions will be acquired for OptiSmile via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by OptiSmile Inc. separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Responsibility

OptiSmile Inc. takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and OptiSmile Inc. chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Capacity

The product and/or dental services on the website are only available for sale to individuals who can make legally binding contracts.

Customer Privacy policy

OptiSmile Inc. shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

Delivery policy
Subject to availability and receipt of payment, requests will be processed within 2 days and delivery confirmed by way of email with booking number/booking voucher.

Orders and appointments booked for services

Any order placed by you in the manner described in this website, and any appointment made by you in the manner described in this website is an offer by you to purchase a particular product and/or dental service for the price (including the delivery and other charges and taxes) specified in this website.

This also includes paying for services on your digitally signed quotation after consulting in person or via telemedicine video consultation, at the time you place your order on these Terms and Conditions. OptiSmile Inc. reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product and/or dental service, an error in the price or the product and/or dental service description posted on this website, or an error in your order. Your contract with us only comes into existence when it forwards confirmation of receipt of your order and payment

Prices

Prices of product and/or dental services and services and delivery and other charges displayed on this website are current at the time of issue but may change at any time and are subject to availability. A digitally signed quotation for in-chair dental treatment will only be valid for 14 days from the time of signing, and an appointment will exclusively be reserved for you, after following payment instructions on this website and in your quotation.

Risk and Title

OptiSmile Inc. will retain title to the product and/or dental services you order until you have made payment in full for those products and/or dental services, but all risk in the product and/or dental services will pass to you upon their delivery to or collection by a postal or courier service or after you receive the treatment in your signed quotation. You should consider whether to obtain any suitable insurance for items ordered by courier.

Limitation of liability

OptiSmile Inc. will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or inability to use the website or for the cost of procurement of substitute product and/or dental services or resulting from any product and/or dental services purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:

if the breach relates to goods:
the replacement of the goods or supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
if the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.

Return and Refund Policy

We hope you will be pleased with your purchase or service. Should you wish to return anything bought from us, we will be happy to refund or exchange a product provided it is in a fully resalable condition. Returns should be made within a resalable time (7 days) and in original, undamaged packaging. If we find that the product and/or dental service has not been returned us in fully resalable condition, we reserve the right to refuse a refund on the item If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us. Refund on dental service is governed by law and HPCSA.

Guarantees and warranties

We do have a policy and corporate culture of ensuring that all treatment rendered is of a professional standard and will redo any treatment that is deemed substandard.

The provision of goods and services by OptiSmile Inc. is subject to availability. In cases of unavailability, OptiSmile Inc. will refund you in full within 30 days. Cancellation of orders by the client will attract a 3% administration fee.

Information provided by the dental professional or OptiSmile employees

The information and opinions provided by the dentist or OptiSmile Employee are meant to help you understand your clinical diagnosis and recommended treatment plan. You need to be aware that an employee of OptiSmile that is not a doctor may not be held accountable for the information provided in good faith to the best of his/her knowledge and ability and ALL important questions regarding actual treatment outcomes, clinical details, complications, side effects, prognosis, warranty express or implied, should be directly asked of the treating practitioner in writing/email, WhatsApp or recorded video consultation and a record of this information kept by you and the practitioner. This is not be used as a replacement for the correct diagnosis, record keeping, understanding, and consent by the treating dentist/specialist/hygienist.

While we endeavour to provide the best information and advice possible OptiSmile Inc. and the individual trainers take no responsibility or offer no guarantees regarding outcome.

Privacy

Whilst your name and particulars which are supplied to us when registering for some of the Services will not automatically be made available to anyone, we nevertheless reserve the right to make information available to the authorities if required by law.

We will not sell or rent any personally identifiable information about you to any third party. However, monitoring or recording of your registration details may take place for business purposes to the extent permitted by law, such as for example quality control and training for the purposes of improving our Services. However, in these situations, we will not disclose information that could be used to personally identify you.

We will adhere to our privacy policy the salient terms of which are available for you to link to and read from the home page of this website.

You must notify us immediately should any of your information change.

Intellectual Property Rights

You acknowledge that we own the intellectual property rights in and to this website and that the unauthorized use thereof is expressly prohibited. The word or mark “OptiSmile”, however, represented, including stylized representation, all associated logos and symbols and combinations of any of the foregoing with another word or mark, used on this site, are the registered trademarks of OptiSmile.

Password

You shall keep your password secure and warrant that no other person shall use the Services utilizing your password, and you acknowledge further that you are responsible for ensuring that no unauthorized access to the Services is obtained using your password and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.

Termination and Variation

We reserve the right to terminate the Services to you in particular, or to the public in general, without notice or reason, or to revise these terms and conditions at any time. Such changes will be posted on this website and be deemed to have been accepted by you if you continue using the Services. The obligation, therefore, is on you to review these terms and conditions at regular intervals.

General

These terms and conditions will be governed by and construed in accordance with the laws of South Africa.

These terms and conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provisions of the terms and conditions.
Our failure to exercise any particular rights or provision of these terms and conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by us in writing.

These terms and conditions, as varied by us from time to time and constitute the sole agreement between yourself and ourselves

Company information

This website is run by OptiSmile Inc. a company based in South Africa trading as OptiSmile Dental and Implant Specialists with registration number 2015/263716/21. Director Clifford Yudelman.

OptiSmile Inc.
Suite 303 The Point Mall
76 Regent Road
Sea Point, Cape Town, South Africa
Tel: 087 702 6886
www.optismile.co.za
email: admin@optismile.co.za