1.1 These terms and conditions apply to your use of:
(a) the website located at airsmile.com (Website); and
(b) the AirSmile mobile software application (AirSmile App),
(together with the AirSmile Platform).
1.2 The AirSmile Platform is owned and operated by Air Health Group Pty Ltd ACN 637 287 560 (Air Health, we, us). By registering for, downloading, or using the AirSmile App or Website, you agree that you will be bound by and will comply with these terms and conditions, which form a legally binding agreement between you and Air Health.
1.4 These terms and conditions must be read in conjunction with any other agreement between you and Air Health. If you are an AirSmile Partner or AirSmile Dentist, your use of the AirSmile Platform is also governed by our Partner Terms.
2.1 The AirSmile Platform is primarily an informational tool that is designed to assist AirSmile Members to make informed decisions about the dental services they purchase. AirSmile Members may use the AirSmile App to, among other things, peruse profiles of AirSmile Dentists and AirSmile Partners, compare quotes, book appointments, and leave reviews.
2.2 Subject to your ongoing compliance with these terms and conditions (including the additional license restrictions in clause 13) Air Health grants you a limited, non-transferable license to access and use the AirSmile Platform to:
(a) register for a Member Account;
(b) upload treatment plans and dental records;
(c) peruse profiles of AirSmile Dentists and AirSmile Partners, reviews, and other content provided via our AirSmile Platform for general informational purposes;
(d) book appointments with AirSmile Dentists and leave reviews for AirSmile Dentists and AirSmile Partners, and
(e) use any other features we make available to you via the AirSmile Platform from time to time.
2.3 Air Health does not endorse any particular AirSmile Dentist or AirSmile Partner.
2.4 Information provided through the AirSmile Platform is not a substitute for dental advice. Any quotes provided to you on the AirSmile App or Website are indicative only, based on prices indicated by the AirSmile Partner for the same or similar items listed on the treatment plan input or uploaded by you. All quotes are subject to confirmation after you have attended an in-person consultation with that AirSmile Dentist.
3.1 Air Health is not a healthcare provider and cannot provide you with dental advice, diagnosis or treatment. You acknowledge that all content provided by Air Health on the AirSmile App and Website:
(a) is general in nature;
(b) does not contain all available information;
(c) does not constitute dental advice, diagnosis or treatment; and
(d) must not be relied upon as a substitute for dental advice, diagnosis or treatment.
3.2 Air Health does not give you any assurances that any information supplied as part of the AirSmile Platform will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that the reliance you make will be based on your own independent assessments.
3.3 The AirSmile Dentists and AirSmile Partners that appear on the AirSmile Platform are independent of Air Health and are not affiliated with, or endorsed by, us. While we take reasonable steps to ensure that all AirSmile Partners have agreed to our Partner Terms, we are not responsible for, and have no control over:
(a) any information or treatment provided to you by AirSmile Dentists or AirSmile Partners; or
(b) appointment availability, quality of service or billing practices of AirSmile Dentists or AirSmile Partners.
3.4 We do not endorse or assume any responsibility for the information or content published by AirSmile Dentists, AirSmile Partners or any other third party on the AirSmile Platform.
4.1 To access certain features of the AirSmile Platform, you must register for a Member Account.
4.2 To be eligible to register for a Member Account you must be an Australian resident and at least 18 years old.
4.3 To register for a Member Account you must accurately enter the required details on the registration page of the AirSmile App, including your:
(a) first name and surname;
(b) valid email address; and
(c) mobile number.
4.4 You must keep your account login ID and password secure and confidential. You will be responsible for the actions of any person that you allow to access your Member Account using your login credentials.
4.5 We may from time to time introduce other security features and measures that you will need to comply with in order to access or use the AirSmile Platform, including your Member Account. You acknowledge and agree that you will need to comply with any such security features and measures in order to continue to access and use the AirSmile Platform following the introduction of such security measures by us.
4.6 Air Health reserves the right to cancel your registration without notice in circumstances where we reasonably consider that you have violated these terms and conditions.
5.1 We may make changes to (including adding and removing) the functionality, format, content, means of accessing, or operating system specifications for the AirSmile Platform from time to time. We may make these changes without prior notice to you.
5.2 Air Health may also cease to offer the AirSmile Platform, or any part thereof, at any time without prior notice to you.
6.1 We may amend, modify, add, delete and make corrections to these terms and conditions from time to time by posting the updated terms and conditions on our Website. You are bound by any such revisions and should therefore review these terms and conditions regularly.
6.2 If you do not agree to changes we make to these terms and conditions, you may terminate this agreement and must immediately cease using the AirSmile Platform.
7.1 By registering for, downloading, or otherwise using the AirSmile Platform (including as a guest) you:
(a) represent and warrant that you are over the age of 18;
(b) agree to ensure that any information provided by you, including as part of your registration for a Member Account, is true and accurate and remains so at all times;
(c) agree that information that you provide to us via the AirSmile Platform, including any treatment plans and dental records you upload, may be shared with any AirSmile Dentists and AirSmile Partners you book an appointment with; and
7.2 Unless otherwise agreed under our Partner Terms, you must use the AirSmile Platform for personal (non-commercial) purposes only.
7.3 In using the AirSmile Platform, you must not at any time:
(a) post a review in respect of an AirSmile Dentist or AirSmile Partner unless you have personally received services from that AirSmile Dentist or AirSmile Partner within the last 4 weeks;
(b) post reviews or other materials that could be considered prejudicial, racist, off-topic, inflammatory, repetitive, discriminatory, defamatory, vexatious, insensitive, offensive or otherwise inappropriate or unlawful;
(c) use abusive, hateful, vulgar, harassing, obscene, profane, sexually oriented, threatening language;
(d) infringe the copyright, trademark or other Intellectual Property Rights of any party;
(e) post treatment plans or other materials that contain private and/or personal information of any other person;
(f) link inappropriately to other web pages or sites, personal or otherwise;
(g) use the AirSmile Platform in breach of any laws or regulations;
(h) impersonate any other person in your use of the AirSmile Platform; or
(i) interfere with or disrupt our operation of the AirSmile Platform.
7.4 By uploading a treatment plan onto the AirSmile App or Website, you:
(a) represent and warrant that the treatment plan was provided to you by a registered dentist in Australia and is less than 6 months old;
(b) agree for that treatment plan to be provided to every AirSmile Dentist (and related AirSmile Partner) you book an appointment with; and
(c) acknowledge and agree that AirSmile Dentists are under no obligation to provide you with an appointment or any dental services and may refuse to do so for any reason.
7.5 Before relying on a quote provided to you via the AirSmile Platform, you must book an in-person consultation with that AirSmile Dentist so the AirSmile Dentist can undertake a complete history and examination and provide you with advice as to the risks and suitability of your treatment plan.
8.1 Unless otherwise stated, all information and material published on the AirSmile App and Website is owned by Air Health and must not be altered in any way nor copied for use in other services, websites or publications, without the written consent of Air Health.
8.2 Air Health retains all interest in, and all rights and title to, all intellectual property rights subsisting in the AirSmile Platform, and any part thereof. You must not do anything that interferes with or infringes Air Health’s Intellectual Property Rights in the AirSmile Platform or any of its components.
8.3 You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit any content on the AirSmile App or Website for any purposes other than as expressly permitted under these terms and conditions. You may download, display, and print out a copy of content available on our Website and AirSmile App for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trade mark, and other proprietary interests.
9.2 Subject always to our confidentiality and privacy obligations to you, you consent to our using, copying, analysing and disclosing material you upload onto the AirSmile Platform (including your treatment plan) and Metadata:
(a) as directed by you, including by the preference settings of your Member Account;
(b) for statistical analysis, and for improving our services; and
(c) as reasonably necessary for the operation of the AirSmile Platform, including disclosure to third party suppliers and contractors.
9.3 For the purpose of clause 2, “Metadata” means any system-generated data that is created or generated in connection with your use of the AirSmile Platform, including in the use, processing, storing or hosting of any information, material, data, dataset and any descriptive, structural and administrative metadata.
10.1 Nothing in these terms and conditions excludes, restricts or modifies any rights or remedies that may not be lawfully excluded, modified or limited under the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Australian Consumer Law).
10.2 In no event will Air Health be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, loss of profits, business interruption, loss of data), without regard to the form of action, whether under legislation, in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with the AirSmile Platform.
10.3 To the full extent permitted by applicable law, Air Health’s liability for any term, condition, guarantee or warranty that is implied by law and cannot lawfully be excluded by Air Health, including the consumer guarantees set out in the Australian Consumer Law, is limited to (at our option):
(a) in the case of goods – repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you; or
(b) in the case of services – supplying the services again or paying the cost of having the services supplied again.
10.4 To the full extent permitted by applicable law, Air Health’s maximum aggregate liability to you for any losses you incur or claims you make against us is limited to the sum of AUD$10.
10.5 You agree that any legal liability on the part of Air Health in connection with these terms and conditions will be reduced by the extent, if any, to which you contributed to the loss.
11.1 You are solely responsible for determining whether the AirSmile Platform is right for you. Except as expressly stated in an agreement between you and Air Health, the AirSmile Platform is provided on an “as is” and “as available” basis, without warranty of any kind, either express or implied.
11.2 To the full extent permitted by applicable law, Air Health expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
11.3 Air Health does not guarantee that the Website or AirSmile App will be secure or free from bugs or viruses or function without interruption or errors. You are responsible for configuring your information technology to access the Website and AirSmile App. You should use your own virus protection software. By accessing the Website and AirSmile App, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website, AirSmile App or by any third party content or third party website.
If you obtained the AirSmile App from the iOS App Store, you and Air Health acknowledge and agree that:
(a) this document is concluded between you and Air Health only, and not with Apple, and Air Health, not Apple, is solely responsible for the AirSmile App and the content thereof;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the AirSmile App, either under this document or applicable law;
(c) Air Health, not Apple, is responsible for addressing any claims of you, or any third party relating to the AirSmile App or your possession and/or use of the AirSmile App, including but not limited to:
(i) product liability claims;
(ii) any claim that the AirSmile App fails to conform to any applicable legal or regulatory requirement; or
(iii) claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the AirSmile App of the HealthKit and/or HomeKit frameworks;
(d) in the event of any third party claim that the AirSmile App or possession and/or use of the AirSmile App by you infringes that third party’s Intellectual Property Rights, Air Health, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
(e) Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
(f) upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third-party beneficiary thereof.
13.1 Subject to the terms of this document, Air Health grants you a non-exclusive, non-transferable licence to:
(a) if acquired through the iOS App Store, use the AirSmile App on any Apple-branded device you own or control, and permit the use of the AirSmile App on Apple-branded devices attached to any accounts associated with the you via Family Sharing or volume purchasing as permitted by the Usage Rules set forth in the iOS App Store Terms of Service (which can be viewed at http://www.apple.com/legal/itunes/au/terms.html); and
(b) in all other cases, use the AirSmile App on a device you own or control.
13.2 You must not rent, lease, lend, sell, transfer, redistribute or sublicense the Air Smile App, or make the AirSmile App available over a network where it could be used by multiple devices at the same time, unless permitted by Apple’s Usage Rules. If you sell or otherwise dispose of, transfer or assign any devices containing the AirSmile App, any copies of the AirSmile App must be removed before doing so.
13.3 Other than as expressly provided in this document or otherwise permitted by law, you must not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the AirSmile App or any part thereof.
13.4 You represent and warrant that the following statements are true and correct:
(a) you are not located in a country that is subject to an embargo by the governments of either the United States of America or the Commonwealth of Australia;
(b) you are not located in a country that has been designated by the governments of either the United States of America or the Commonwealth of Australia as a ‘terrorist supporting’ country; and
(c) you are not included on any list of prohibited or restricted parties by the government of the United States of America or the Commonwealth of Australia.
14.1 In order to obtain, install, update, access, use, or continue to access or use the AirSmile App you may also be required to update third party software (such as the operating system) on your device.
14.2 You acknowledge and agree that:
(a) Air Health is not responsible for such third party updates;
(b) such third party updates may be subject to their own terms and conditions, which Air Health strongly recommends you review prior to implementing the third party update; and
(c) if you are unable or unwilling to obtain or install such third party updates, you may be unable to obtain, install, update, access, use, or continue to access or use the AirSmile App.
15.1 Unless otherwise specified in this document or agreed pursuant to a separate written agreement between you and Air Health, Air Health will not be obliged to support the AirSmile App, whether by providing advice, training, error-correction, modifications, updates, new releases, or enhancements or otherwise, or to provide any hosting, telecommunication, internet or other services in relation to your use of the AirSmile App.
16.1 We may provide links or references to other websites on the AirSmile Platform for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.
17.1 These terms and conditions are governed by the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland in respect of any proceedings arising out of or in connection with this document.
18.1 If any provision of these terms and conditions is prohibited, invalid or 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 affecting the validity or enforceability of that provision in any other jurisdiction.
19.1 In these terms and conditions:
(a) AirSmile App means the AirSmile mobile software application.
(b) AirSmile Dentist means a dentist that has been registered on an AirSmile Partner Account by an AirSmile Partner.
(c) AirSmile Member means a user of the AirSmile Platform that has completed the member registration process on the AirSmile App or Website.
(d) AirSmile Partner means an entity operating a dental practice that has completed the AirSmile Partner on-boarding and registration process on the Website.
(e) Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world (including present and future intellectual property rights) including (but not limited to) rights in respect of or in connection with:
(i) any related confidential information, trade secrets, know-how or any right to have information kept confidential;
(ii) copyright (including future copyright and rights in the nature of or analogous to copyright);
(iii) trade marks, service marks and other related marks; and
(iv) all associated goodwill,
whether or not existing at the date you agree to these terms and whether or not registered or registrable and includes any and all variations, modifications or enhancements to each of them together with any application or right to apply for registration of those rights and includes all renewals and extensions.
(f) Member Account means the account unique to each AirSmile Member.
(g) Partner Terms means the terms that apply to all AirSmile Partners and AirSmile Dentists, which can be accessed at airsmile.com/partnerterms.
(h) Website means the AirSmile website, which can be accessed at airsmile.com.
19.2 The following rules of interpretation apply unless the context requires otherwise:
(a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
(b) a reference to these terms and conditions or another document includes any variation, novation, replacement or supplement to any of them from time to time;
(c) a reference to a right or obligation of two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally;
(d) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing; and
(e) specifying anything in these terms and conditions after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary.
20.1 In the event that you need to contact Air Health in respect of any questions, complaints or claims relating to this document or the AirSmile Platform, please use the following details:
Air Health Group Pty Ltd
Address: PO Box 462 FORTITUDE VALLEY QLD 4006
Phone: (07) 3102 5611
Email: [email protected]
Last updated: 13 May 2021