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Terms and Conditions

These Terms and Conditions constitute the entire agreement between you, the user, and The Smile Emporium (Pty) Ltd (“The Smile Emporium (Pty) Ltd”, “The Smile Emporium”, “us”, “we”, “our”). If you visit or use thesmileemporium.co.za, or if you create hyperlinks to alignmentconsulting.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.

We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our website, and your continued use of the site implies your acceptance of the agreement as amended.

No unsolicited emails

You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly. You can choose whether or not you want to receive availability notifications for wishlist items.

Competitions

Competitions will be subject to terms and conditions herein outlined, as well as located on the individual competition’s terms and conditions; and these are provided during the time the competition runs.

Using and Accessing thesmileemporium.co.za

This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site without express written consent from a duly authorised representative of The Smile Emporium (Pty) Ltd. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to MarketplaceSA.co.za web pages as long as such links do not portray MarketplaceSA.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.

Private Patient

  • This is a Private Dental Practice and our usual consultation fees have been conveyed to you by our receptionist. If this has not been done, please ask our receptionist of the Doctor seeing you to explain what the costs of treatment will be. This practice will not charge medical aid rates. This means that the fees charged are higher than your medical aid fund benefits. It is your responsibility to understand what your medical aid fund benefits are and to claim re-imbursement from your medical aid fund. This is a cash practice and we will not submit our accounts directly to medical aid funds or administrators on behalf of the member/patient for payment. If we do submit an account to your medical aid fund that act may not be construed as an agreement to await payment from your medical aid or to be responsible for the processing of your medical aid claim in any way.
  • Any Cost Estimates for further treatment that is found to be necessary at your first appointment, will be provided per email. It is your responsibility to gain medical aid authorization for the treatment prior to commencement of the treatment.
  • Our treatment is based on your dental needs and not on your medical aid coverage. We remain fully up to date with current dental techniques, practice and technology to provide you with high quality, long-lasting dental treatments.
  • All Dental Laboratory and implant component fees are payable in advance. All beauty and aesthetic treatments are also to be paid in full on the day of treatment.
    It is your responsibility to pay our account on presentation. We provide debit/credit card facilities as well as online banking, Edgars card and Zapper to facilitate immediate payment of your account. If the account is not paid timeously further treatments will be postponed until payment is made. If the account is not paid timeously, you will also be liable for the legal and administrative fees pertaining to the collection and/or any subsequent legal action for the recovery of the said outstanding fees on an story-and-own client cost scale. All payments are due without set off or deduction.
  • If you would like to cancel an appointment please do so at least 24 hours prior to the dental appointment. If we are unable to fill your appointment with another appointment, we do reserve the right to charge for any appointments that are missed or not cancelled timeously. A fee of R400 will be charged for every half an hour missed.
  • This practice will treat your personal and medical information as strictly confidential. Photographs of your dentition, mouth and face may be taken before, during and after treatment and will remain the property of this practice. You hereby consent to such photographs being used by us in marketing material and being published on our website. It may be necessary, for the purposes of rendering invoices, using ICD-10 codes, collecting unpaid accounts and providing treatment, for your information to be processed to and by third parties. By signing this form, you agree to the processing of your private and medical information by this practice for the purposes set out above. No personal or medical information will be sold or processed by this practice for research.
  • No variation or consensual Cancellation of this document or our Cost Estimates shape be valid unless recorded in writing and signed by both parties.
  • Should you have any questions or queries or not understand your treatment options, the costs of the treatment or the terms and conditions of this practice, please ask for clarification before treatment commences or services are rendered. Your feedback concerning our services will be most welcome.
  • Please note that this practice will communicate with you via phone, email, sms and whatsapp.

Network Medical Aid Patient

  • This practice will charge you your Network treatment fees however, due to the fact that these rates are so extremely low, we have no choice but to use different products for the treatments compared to our preferred products. Also, we are not able to guarantee any treatments done at Network rates. Thus, if there is a problem with any treatment, you will be billed in full (at Network rates) again. Your medical aid may not pay for a second treatment and this will be for your own pocket.
    Any treatments that do not fall part of your Network prescribed treatments are to be paid for in full on the day of treatment by yourself.
  • Any Cost estimates for further treatment that is found to be necessary at your first appointment, will be provided per email. It is your responsibility to gain medical aid authorization for the treatment prior to commencement of the treatment. If we do process an estimate on your behalf to your medical aid, this act should not be construed as the practice taking responsibility for the authorization process. We will help however the onus is on the patient to ensure that all authorization is gained prior to commencement of treatment.
  • It is your responsibility to pay any portion of your account on presentation that is not covered by your Network. We provide debit/credit card facilities as well as online banking, Edgars card and Zapper to facilitate immediate payment of your account. If the account is not paid timeously further treatments will be postponed until payment is made. If the account is not paid timeously, you will also be liable for the legal and administrative fees pertaining to the collection and/or any subsequent legal action for the recovery of the said outstanding fees on an story-and-own client cost scale. All payments are due without set off or deduction.
  • If you would like to cancel an appointment please do so at least 24 hours prior to the dental appointment. If we are unable to fill your appointment with another appointment, we do reserve the right to charge for any appointments that are missed or not cancelled timeously. A fee of R400 will be charged for every half an hour missed.
  • This practice will treat your personal and medical information as strictly confidential. Photographs of your dentition, mouth and face may be taken before, during and after treatment and will remain the property of this practice. You hereby consent to such photographs being used by us in marketing material and being published on our website. It may be necessary, for the purposes of rendering invoices, using ICD-10 codes, collecting unpaid accounts and providing treatment, for your information to be processed to and by third parties. By signing this form, you agree to the processing of your private and medical information by this practice for the purposes set out above. No personal or medical information will be sold or processed by this practice for research.
  • No variation or consensual Cancellation of this document or our Cost Estimates shape be valid unless recorded in writing and signed by both parties.
  • Should you have any questions or queries or not understand your treatment options, the costs of the treatment or the terms and conditions of this practice, please ask for clarification before treatment commences or services are rendered. Your feedback concerning our services will be most welcome.
  • Please note that this practice will communicate with you via phone, email, sms and whatsapp.

Medical Aid Patient

  • This practice does charge medical aid tariffs for Basic Dentistry. This rate may vary as each medical scheme has a different rate. Any specialized dentistry and root treatments are charged at a private fee which is higher than the medical aid tariffs and payment thereof is expected at time of treatment. We will be happy to furnish you with any cost estimates at your request. Please note that there may be certain codes charged that are not covered by the medical schemes. This is done to ensure that we give you a high standard of treatment using quality products.
  • As a courtesy to you, we will submit all relevant invoices to your medical scheme for your howeve,r there will be a portion payable by you on the day of your treatment. This is for any codes not covered by your medical scheme. All outstanding fees not settled by your medical scheme within 30days of treatment are to be settled by the patient immediately. If we do submit an account to your medical aid that act may not be construed as an agreement to await payment from your medical aid or to be responsible for the processing of your medical aid claim in any way.
  • Any Cost estimates for further treatment that is found to be necessary at your first appointment, will be provided per email. It is your responsibility to gain medical aid authorization fo the treatment prior to commencement of the treatment. If we do process an estimate on your behalf to your medical aid, this act should not be construed as the practice taking responsibility for the authorization process. We will help however the onus is on the patient to ensure that all authorization is gained prior to commencement of treatment.
  • Our treatment is based on your dental needs and not on your medical aid coverage. We remain fully up to date with current dental techniques, practice and technology to provide you with high quality, long lasting dental treatments.
  • All Dental laboratory fees and component fees are payable in advance. All beauty and aesthetic treatments such as Botox, filler and teeth whitening are also to be paid in full on the day of treatment.
  • It is your responsibility to pay your portion of your account on presentation. We provide debit/credit card facilities as well as online banking, Edgars card and Zapper to facilitate immediate payment of your account. If the account is not paid timeously further treatments will be postponed until payment is made. We will wait 30 days to allow your medical aid to pay us. All outstanding fees at 30 days If the account is not paid timeously, you will also be liable for the legal and administrative fees pertaining to the collection and/or any subsequent legal action for the recovery of the said outstanding fees on an story-and-own client cost scale. All payments are due without set off or deduction.
  • If you would like to cancel an appointment please do so at least 24 hours prior to the dental appointment. If we are unable to fill your appointment with another appointment, we do reserve the right to charge for any appointments that are missed or not cancelled timeously. A fee of R400 will be charged for every half an hour missed.
  • This practice will treat your personal and medical information as strictly confidential. Photographs of your dentition, mouth and face may be taken before, during and after treatment and will remain the property of this practice. You hereby consent to such photographs being used by us in marketing material and being published on our website. It may be necessary, for the purposes of rendering invoices, using ICD-10 codes, collecting unpaid accounts and providing treatment, for your information to be processed to and by third parties. By signing this form, you agree to the processing of your private and medical information by this practice for the purposes set out above. No personal or medical information will be sold or processed by this practice for research.
  • No variation or consensual Cancellation of this document or our Cost Estimates shape be valid unless recorded in writing and signed by both parties.
    Should you have any questions or queries or not understand your treatment options, the costs of the treatment or the terms and conditions of this practice, please ask for clarification before treatment commences or services are rendered. Your feedback concerning our services will be most welcome.
  • Please note that this practice will communicate with you via phone, email, sms and whatsapp.

Terms of on-line consultation process

Due to the state of national disaster brought about by the Covid-19 pandemic and the associated disaster regulations and alert levels, we have put in place infection control and screening measures at our rooms and are compliant with government regulations for re-opening during the prevalent Covid-19 alert level of lockdown. We cannot, however, eliminate all risk of exposure to the Covid-19 virus.

We have also introduced virtual / on-line consultations (“e-consultation”). This measure is in keeping with the regimen of social distancing and the reduction of in-person contact wherever possible.

Participation by a patient in an e-consultation is voluntary but subject to certain terms which are recorded below. The patient’s consent to an e-consultation will be deemed to incorporate consent to these terms:

  • an e-consultation will involve an online video consultation with the patient which will be recorded and / or photographic material concerning the patient, relative to the matter under consultation. These materials will be retained on our data system as confidential material and will be utilised solely for the purposes of evaluation and treatment. We may destroy these materials permanently when no longer required for use or archiving;
  • an e-consultation is an effective diagnostic option but presents limitations which might not be appreciated at the time and might only become apparent during a subsequent physical examination, radiological examination and / or the implementation of treatment. In the event that alternative or additional treatment is indicated subsequent to an e-consultation, it might result in treatment being postponed or in components procured for the treatment not being appropriate and having to be substituted;
  • examination or component costs which are wasted as a result might be require to be charged to you depending on the time taken and whether the components can be taken into ordinary stock. We must reserve the right to raise charges in this regard;
  • our fee for the e-consultation will remain payable under these circumstances, on the basis of it being an agreed reasonable alternative item of work to avoid the risk of an examination;
  • our diagnosis and treatment decision or options will be discussed further and confirmed once a physical and radiological examination have been performed;
  • these terms may not be amended unless first reduced to writing and signed by the patient and ourselves.
  • I am 18 years or over, and if I am not my guardian is aware that I am doing an online consultation.

Disclaimer and limitation of liability

This site is provided “as is”, and you use this site at your own risk. Neither The Smile Emporium (Pty) Ltd, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.

We make no representations or warranties of any kind, whether express or implied.

We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.

Force Majeure

No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.

If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.

If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.

Changes & Acceptance

We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.

If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.

Waiver

Any favour or relaxation we may allow you will not affect or substitute any of our rights against you.

Severability

If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.

Governing Law

This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.

Domicilium

Our domicilium citandi et executandi (physical address) for all purposes under this agreement is:

18 Musgrave Road

Berea

Durban

Kwa-Zulu Natal

4001

Our email is info@thesmileemporium.co.za

Contacting The Smile Emporium (Pty) Ltd

Please contact us at info@thesmileemporium.co.za or +27 82 315 6230. We will always try to be as helpful as we can and solve any problems promptly.

Last updated: 28/05/2020