Terms and Conditions

  • 1. Introduction

    1.1. These terms and conditions (“Terms“) govern your use of our website at https://vivaldismiles.com.au (the “Website“) and any booking, assessment, communication or payment services we make available through it (the “Services“).

    1.2. By using our Website or Services, you accept these Terms in full. If you disagree with any part of these Terms, you must not use our Website or Services.

    1.3. Where you use a Service that requires it (for example, requesting an appointment or making a payment), we may ask you to expressly confirm your agreement to these Terms.

    1.4. Our Website uses cookies and similar technologies. By using our Website you consent to our use of cookies in accordance with our [Cookies Policy] and [Privacy Policy]. See Section 10 (Marketing, advertising, cookies and tracking).

    1.5. In these Terms, “we“, “us” and “our” mean Vivaldi Orthodontics Pty Ltd (ABN 41 653 278 374), trading as Vivaldi Smile Artisans (the “Practice“), and “you” means the user of our Website or Services.

    2. Copyright and intellectual property

    2.1. Copyright © 2026 Vivaldi Orthodontics Pty Ltd. All rights reserved.

    2.2. Subject to the express provisions of these Terms, we (together with our licensors) own and control all copyright and other intellectual property rights in the Website and its material, and all such rights are reserved.

    3. Licence to use the Website

    3.1. You may, subject to these Terms: view, download for caching, and print pages from our Website; stream any audio or video we make available; and use our Services by means of a web browser.

    3.2. Except as expressly permitted by Section 3.1 or elsewhere in these Terms, you must not download, save, edit or modify material from our Website.

    3.3. You may use our Website only for your own personal and legitimate purposes. Unless you own or control the relevant rights, you must not republish, sell, rent, sub‑license, publicly display, commercially exploit or redistribute material from our Website.

    3.4. We may restrict access to areas of, or all of, our Website at our discretion. You must not circumvent, or attempt to circumvent, any access‑restriction measures.

    4. Acceptable use

    4.1. You must not:

    • use our Website in any way that causes, or may cause, damage to it or impairment of its performance, availability or accessibility;
    • use our Website for any unlawful, fraudulent or harmful purpose;
    • transmit or store any malicious software (viruses, trojans, worms, keystroke loggers, etc.);
    • conduct any systematic or automated data collection (scraping, data mining, harvesting) without our express written consent, or access the Website using any robot, spider or other automated means, or breach our robots.txt directives;
    • use any data collected from our Website for direct marketing or to contact any person or entity.

    4.2. You must ensure that all information you supply to us through the Website — including your name, contact details and any information provided when booking — is true, accurate, current, complete and not misleading.

    5. Online booking and appointments

    5.1. Booking requests are subject to confirmation. Requesting an appointment through our Website, chatbot or a linked calendar does not by itself create a confirmed appointment. An appointment is only confirmed when we notify you of confirmation (for example, by SMS, email or a calendar invitation). We may decline, reschedule or cancel a requested appointment (for example, due to availability, clinical suitability or incomplete information).

    5.2. Free Smile Assessment. Any complimentary assessment we offer (whether in person or by video) is a preliminary, general consultation only. It is not a formal dental or orthodontic examination, diagnosis, or treatment plan, and any indication given is preliminary and general in nature. A definitive diagnosis, records and treatment plan require a full in‑person clinical appointment, which may involve additional fees. Individual results and suitability for any treatment vary and can only be determined after a full clinical assessment.

    5.3. Video / online assessments. Where an assessment is provided by video (for example, via Google Meet):

    • it is a convenience option and is not a substitute for an in‑person clinical examination;
    • you are responsible for having a suitable device, internet connection and a private setting for the session;
    • any photographs or information you upload or provide are used to support the assessment and are handled in accordance with our [Privacy Policy]; and
    • we are not responsible for the quality, availability or security of third‑party video or connectivity services beyond our reasonable control.

    5.4. Information you provide. You are responsible for the accuracy of the health and contact information you provide when booking. If you book on behalf of another person, you confirm you are authorised to do so and to share their information with us.

    5.5. Minors. If you book for a person under 18, you confirm that you are their parent or legal guardian (or are otherwise authorised) and consent to the assessment or treatment on their behalf.

    5.6. Not for emergencies. Our Website, chatbot, online booking and video assessments must not be used for dental or medical emergencies. If you are experiencing an emergency, call the Practice on (02) 8252 7677 during opening hours, or call 000 (or attend your nearest emergency department) in a medical emergency.

    6. Payments, deposits and fees

    6.1. Some Services or appointment types may require payment or a deposit at the time of booking. Payments are processed by our third‑party payment provider ([Stripe]); we do not store your full card details.

    6.2. Where a deposit is required (for example, to secure a paid consultation):

    • the deposit amount and what it applies to will be shown before you pay;
    • the deposit is applied to the cost of your appointment and is refundable if you cancel or reschedule with at least 48 hours’ notice; if you cancel with less than 48 hours’ notice or do not attend, the deposit may be applied toward the cancellation fee in Section 7; and
    • fees quoted online are estimates only unless stated otherwise; final fees depend on your individual clinical needs and will be confirmed with you.

    6.3. All amounts are in Australian dollars (AUD) and include GST where applicable.

    7. Cancellations, rescheduling and no‑shows

    7.1. If you need to cancel or reschedule, please give us at least 48 hours’ notice by phone or using the link in your confirmation.

    7.2. Where you cancel with less than 48 hours’ notice, or do not attend a confirmed appointment, we may retain your deposit and/or charge a cancellation or non‑attendance fee of $100, which is disclosed to you here and at the time of booking. Any such fee reflects a genuine pre‑estimate of our costs and is subject to your rights under the Australian Consumer Law (Section 12).

    7.3. We may cancel or reschedule an appointment where necessary (for example, practitioner unavailability). If we do, we will offer you the next suitable time or, where you have paid a deposit for an appointment we cannot provide, refund it.

    8. Communications and consent

    8.1. When you book or enquire, we may contact you about your appointment (for example, confirmations, reminders and follow‑ups) by SMS, email, phone or messaging. These service messages are part of providing the Service.

    8.2. Marketing communications. We will only send you marketing communications where you have consented or where otherwise permitted by law. You can withdraw consent or opt out at any time using the unsubscribe link in an email, by replying STOP to an SMS, or by contacting us. See also Section 10.

    9. Privacy

    9.1. We handle personal information (including health information, which is “sensitive information”) in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, as described in our [Privacy Policy].

    9.2. By using our Services you acknowledge our [Privacy Policy], which explains what we collect, how we use and disclose it (including to the third parties described in Section 10), and how you can access, correct or complain about the handling of your information.

    10. Marketing, advertising, cookies and tracking

    10.1. Our Website uses cookies and similar technologies, including analytics and advertising tools such as Google Analytics, Google Ads and the Meta (Facebook) Pixel, to understand how our Website is used and to measure and improve our marketing.

    10.2. Measurement and advertising data sharing. To measure the effectiveness of our advertising, we and our providers may share limited event information with advertising and analytics platforms (including Google and Meta), both from your browser and directly from our servers (for example, via Meta’s Conversions API and Google’s measurement tools). Where this information includes identifiers such as your email address or phone number, it is hashed (irreversibly encoded) before it is shared and is used to match conversions and build advertising audiences. We do not share the details of your treatment or health conditions with these platforms for advertising.

    10.3. You can control cookies through your browser settings and, where offered, our cookie banner. You can opt out of interest‑based advertising through the platforms’ own settings (for example, your Google and Meta ad preferences). Restricting cookies may affect some Website features.

    10.4. Our collection, use and disclosure of personal information for these purposes is described further in our [Privacy Policy] and [Cookies Policy], and is subject to your consent where required by law.

    10.5. Advertising standards. Any offers, claims or promotional material on our Website (including complimentary assessment offers) are provided as general information, are subject to these Terms and any stated conditions, and do not create any guarantee of a particular clinical outcome. Advertising of our services complies with the Health Practitioner Regulation National Law and applicable AHPRA advertising requirements.

    11. Limited warranties

    11.1. We do not warrant or represent the completeness or accuracy of information on our Website, that it is up to date, or that the Website or any Service will remain available.

    11.2. Website content is provided for general information only and is not a substitute for professional dental, orthodontic or medical advice tailored to your circumstances.

    11.3. We may discontinue or alter any Service, or stop publishing the Website, at any time without notice. Except as expressly provided in these Terms, you will not be entitled to compensation.

    11.4. To the maximum extent permitted by law, and subject to Section 12, we exclude all representations and warranties relating to the Website and Services.

    12. Australian Consumer Law

    12.1. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded.

    12.2. Where our goods or services come with guarantees that cannot be excluded under the Australian Consumer Law, and where permitted, our liability for breach of such a guarantee is limited (at our option) to re‑supplying the service or paying the cost of having it re‑supplied.

    13. Limitations and exclusions of liability

    13.1. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any liability that cannot be limited or excluded under applicable law (including Section 12).

    13.2. Subject to Section 13.1, and to the maximum extent permitted by law:

    • we are not liable for any loss or damage arising from events beyond our reasonable control;
    • we are not liable for business losses (including loss of profits, revenue, savings, business, contracts, opportunities or goodwill);
    • we are not liable for loss or corruption of data or software; and
    • we are not liable for any special, indirect or consequential loss.

    13.3. To the extent any part of the Website or its information is provided free of charge, we will not be liable for any loss or damage of any nature arising from its use, subject to Section 13.1 and Section 12.

    14. Breaches of these Terms

    14.1. Without limiting our other rights, if you breach these Terms (or we reasonably suspect you have), we may take any action we consider appropriate, including issuing a warning, suspending or blocking your access to the Website, or commencing legal action.

    14.2. Where we suspend or block your access, you must not take any action to circumvent that suspension or block.

    15. Variation

    15.1. We may revise these Terms from time to time. The revised Terms apply from the date they are published on the Website. Please check this page periodically.

    16. Assignment

    16.1. We may assign, transfer or sub‑contract our rights and obligations under these Terms. You may not do so without our prior written consent.

    17. Severability

    17.1. If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions continue in effect, and any offending part is deemed deleted to the minimum extent necessary.

    18. Third‑party rights

    18.1. These Terms are for the benefit of you and us only and are not intended to be enforceable by any other party.

    19. Entire agreement

    19.1. Subject to Section 12, these Terms, together with our [Privacy Policy] and [Cookies Policy], constitute the entire agreement between you and us in relation to your use of the Website and Services.

    20. Governing law and jurisdiction

    20.1. These Terms are governed by the laws of New South Wales, Australia. Disputes are subject to the non‑exclusive jurisdiction of the courts of New South Wales.

    21. Our details