The Terms and Conditions set out below apply to your engagement of Overseas Medical Pty Ltd (ACN 605 181 057) trading as Overseas Dental Solutions (‘Overseas Dental Solutions’) (hereinafter referred to as “ODS, ‘we’ or ‘us'”)
By engaging Overseas Dental Solutions for services in any manner, you agree that:
- You, including but not limited to, your partner, spouse, significant other, husband, sibling, child is/are aware of Overseas Dental Solutions’ full terms and conditions and have read, acknowledged, understood and agreed to comply with the full terms and conditions.
- The contract is between you, the patient, and the Third Party Provider only.
- You are responsible for ensuring that all persons who access the use of ODS Services and/or Third Party Provider understand and acknowledge the terms and conditions and to complete necessary documents such as but not limited to, the Customer Acknowledgement Form.
The services provided by Overseas Dental Solutions to which these Terms and Conditions apply include but are not limited to:
- Oral inspections;
- Applications made over the phone;
- Introductions or referrals to Third Party Providers of services that include but are not limited to:
- dental services;
- medical services;
- travel services; and
- foreign exchange services.
- Delivery of third party dental reports and other relevant information for the purposes of the Patient obtaining quotation(s) and/or services from Third Party Providers;
By agreeing to engage Overseas Dental Solutions for the ODS Services you agree to be bound by these Terms and Conditions. These Terms and Conditions apply to all agreements in relation to the ODS Services and will prevail over any other documentation or communication. If you do not agree to be bound by these Terms and Conditions, then you must immediately advise Overseas Dental Solutions to discontinue providing the ODS Services.
Your continued engagement of Overseas Dental Solutions or use of the ODS Services constitutes your ongoing agreement to these Terms and Conditions.
Overseas Dental Solutions reserves all rights to alter these Terms and Conditions as set out below at its discretion and without notice to you. Each time you engage Overseas Dental Solutions, it is your responsibility to be aware of the current Terms and Conditions.
- Terms and Definitions
The meaning of some words used in these Terms and Conditions:
“Patient” means members of the general public and any other person who engages Overseas Dental Solutions or uses the ODS Services;
“Product(s)” means any materials, goods, parts or items supplied to you by Overseas Dental Solutions including but not limited to beauty products, teeth whitening kits, anti snoring devices, luggage, cases for technology products and so forth;
“Terms and Conditions” shall mean these Terms and Conditions;
“Third Party Provider(s)” means any provider of services, including but not limited to dental services, other medical procedures, travel and foreign exchange services, other than the ODS Services or services directly provided by Overseas Dental Solutions; and
“you” and “your” are references to the Patient.
The ODS Services are provided for the purposes of introducing you to Third Party Providers with the prospect of obtaining the services of such Third Party Providers.
You agree to undergo an initial oral inspection (and any follow up oral inspection as required by Overseas Dental Solutions) by an Overseas Dental Solutions representative, which results of such inspection may be provided to a Third Party Provider. Overseas Dental Solutions will not provide any treatment to you under these Terms and Conditions.
ODS may change the services in the following circumstances: (a) Where you agree to the change; (b) Where the change will not adversely affect you and, before the changes take effect, we have given you notice of the change; (c) If the service is a fixed period contract and the change is adverse to you, and we provide to you not less than 7 days’ notice of the change.
Furthermore, you agree and acknowledge that Overseas Dental Solutions may require you to engage the services of third parties for the purposes of providing the ODS Services. You agree to undertake any additional testing, x-rays or other investigative works as deemed necessary by Overseas Dental Solutions for the purposes of any oral inspections conducted under clause 2.
You warrant to provide all relevant, accurate and up to date information to Overseas Dental Solutions in relation to the ODS Services.
You acknowledge that Overseas Dental Solutions may receive and is entitled to a benefit (financial or otherwise, including commission payment) from any Third Party Providers in connection with any introduction by you to a Third Party Provider. Overseas Dental Solutions will not be obliged under any circumstances to disclose to you any such financial benefit received.
Overseas Dental Solutions may supply you with Products, which Products will be supplied pursuant to relevant laws operating at the time in Victoria, Australia. You will be required to make payment (including any GST) for any Products supplied, at the time of supply (or otherwise as agreed by Overseas Dental Solutions) according to the price as quoted (written or verbal), to Overseas Dental Solutions.
- Disclaimer, Acknowledgement of Risk and Third Parties
You acknowledge that standards of medical advice, procedures and care outside of Australia may be different to Australian standards for such advice, procedures and standard of care. You further acknowledge that any medical advice, procedure, other service or the services that you engage or receive from a Third Party Provider carries significant risk and may not be successful or may cause injury or have side effects.
You agree that a quote or services of a Third Party Provider is completely separate from Overseas Dental Solutions. Such quote or services of a Third Party Provider will be provided according to separate terms and conditions between you and such Third Party Provider.
Overseas Dental Solutions does not accept any liability arising from any services provided by any Third Party Provider or otherwise.
You acknowledge that:
Overseas Dental Solutions’ role is to merely introduce you to the Third Party Provider. Overseas Dental Solutions does not make any express or implied representation or warranty that any of the goods or services supplied by a Third Party Provider to you will be fit for your required purpose or supplied by them with reasonable care and skill;
Any services provided by a Third Party Provider may be subject to the terms and conditions and limitations of liability as may be separately imposed by hospitals, clinics, dentists or doctors (which may limit or exclude liability in respect of death, personal injury, delay and loss or damage of personal belongings) subject to the laws of the respective country in which such Third Party Provider is located;
Any costs and expenses incurred or charges to you, including but not limited to travel, accommodation, hospital, medical supply or service providers and Third Party Providers are your own responsibility and at your own cost. Overseas Dental Solutions is not responsible for such costs, expenses or charges for any reason whatsoever.
In no event will Overseas Dental Solutions be responsible or liable for any losses or damages whatsoever suffered or incurred by you, whether for any claims, demands, losses, costs or expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, economic loss or damage to reputation whatsoever, including without limitation, bodily injury, death, emotional distress, and/or any other damages resulting, from any:
Communications or meetings with you or other Patients;
Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the ODS Services or any services of a Third Party Provider; and/or
Any errors or omissions in any content or for any loss or damage or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available on the website or conjunction with provision of the ODS Services or by the provision of services provided by a Third Party Provider.
Overseas Dental Solutions does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a Third Party Provider through the website or the provision of the ODS Services, Products or any application or featured in any banner or other advertising, and Overseas Dental Solutions will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Providers of products or services.
Without limiting any of the provisions set out in this clause 3, Overseas Dental Solutions does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of hospitals, doctors, clinics, dentists and other providers of goods and services to you directly or indirectly in connection with any of the ODS Services or Products provided to you by Overseas Dental Solutions
To the extent permitted by law, Overseas Dental Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Overseas Dental Solutions will not and cannot censor or edit the content of any third party website. By using the Service, you expressly acknowledge and agree that we way be liable to you or anyone else for any loss or damage, however caused (and whether direct, indirect, consequential or economic) which may be directly or indirectly suffered in connection with use of our Website or websites or applications of third parties which are accessible from our Website.
This general disclaimer is not restricted or modified by any of the following specific warning and disclaimers.
- Indirect Loss
In no event shall Overseas Dental Solutions be liable for any loss or damage suffered by you or any third party, howsoever caused, including but not limited to special, incidental, indirect, or consequential loss, economic loss, loss of turnover, profits, goodwill or revenue, whether or not any member of Overseas Dental Solutions was aware of or may reasonably have anticipated such losses may be incurred.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, Overseas Dental Solutions, Overseas Dental Solutions’ officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) from any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:
your use of and access to the ODS Services;
your use of Products;
your violation of any third party right, including any copyright, property, or privacy right; or
any breach of your obligations under these Terms and Conditions.
violation of any Intellectual Property or other rights of a third party, or privacy right; or
your access or use of the Service, and/ or Personal Data posted by you through or at the Service.
- No Warranty
You agree that your use of the ODS Services is solely at your risk. To the fullest extent permitted by law, Overseas Dental Solutions, its officers, employees and agents disclaim all warranties whether express or implied in connection with the ODS Services and your use of them.
Overseas Dental Solution makes no representation or warranty as to the reliability, accuracy or completeness of the information contained on our Website, or that your use of our Website will be uninterrupted or error free.
You should not act on the basis of anything contained on our Website without first obtaining professional advice specific to your circumstances. Never disregard professional mental health or medical advice or delay the seeking of treatment because of something you have seen on our Website. You must make your own assessment of the information contained on our Website and, if you choose to rely on it, it is wholly at your own risk.
Overseas Dental Solutions makes no warranty and does not represent that the goods and services provided by Third Party Providers are safe and risk free nor does Overseas Dental Solutions warrant the success of any Third Party Provider’s work in connection to the ODS Services or other services.
Overseas Dental Solutions does not warrant as to the fitness and appropriateness of any the products or services provided by Third Party Providers in connection with the ODS Services and you agree that Overseas Dental Solutions shall in no way be responsible for your dealings with third parties. Any decision to contract with the Third Party Provider to provide services to you will be solely your decision and at your risk.
- Privacy and Confidentiality
- Fees and Cancellation
A signup fee of $250 is immediately payable upon your engagement of Overseas Dental Solutions (‘Signup Fee’).
The Signup Fee is not refundable in any circumstance.
Cancellation requests must be made in writing and e-mailed to the below email address with the subject line of “CANCELLATION – [PATIENT NAME]- [DATE OF TRAVEL]”
A cancellation by you requires Overseas Dental Solutions to undertake administrative tasks.
The following administrative charges are immediately payable by you, to Overseas Dental Solutions, when cancelling a service (‘Administrative Fee’).
If you cancel treatment, while in Australia, prior to having departed for treatment:
60 days prior to the anticipated treatment date, there is no Administrative Fee;
59-30 days prior to the treatment date, the Administrative Fee is $250.00; and
within 29 days or less prior to the treatment date, the Administrative Fee is $350.00.
If you cancel treatment, while in the country of origin, from which the treatment will be provided, the Administrative Fee is $400.00.
- Survival of clauses
Clauses 3 to 29 (inclusive) survive termination of these Terms and Conditions.
- Patient Health and Medical History
You have provided Overseas Dental Solutions and the Third Party Provider with truthful and factual information in regards to your health, medical and mental condition(s).
You must notify the Third Party Provider’s hospital/surgery directly if there is a change in your health and wellbeing and you cannot attend your appointment. Failure to do so may delay the Third Party Provider’s ability to commence and complete treatment.
You are required to advise Overseas Dental Solutions and/or the Third Party Provider’s hospital/surgery, of any illnesses up to 6 weeks prior to your appointment.
Overseas Dental Solutions and/or the Third Party Provider has the right to cancel, reschedule or revoke commencing treatment due to an ongoing or previous illness/s and/or not truthfully and factually providing information in regards to your health, medical and mental conditions/s.
The Patient is to list any medications which he/she is currently taking including health supplements.
In any circumstance and at any time that you believe to have an emergency, you should seek alternative medical advice from a licensed medical practitioner. This medical advice is independent and not related to Overseas Dental Solutions and/or the Third Party Provider.
You must get a report detailing your emergency case and the diagnosis, treatment to be and/or provided and the cost of the treatment and forward this information directly to the Third Party Provider. You should do this as soon as possible and failure to do so within a reasonable time may cancel your guarantee and/or a claim that cannot be fully covered by the Third Party Provider.
- Treatment Plan by Third Party Provider and Overseas Dental Solutions
You have the responsibility to ask about your treatment options and understand the benefits and limitations of any treatment that you choose.
Third Party Suppliers require a copy of your OPG X-ray that is under 3 months’ old, current photographs and medical history for an ESTIMATE treatment plan to be completed.
You can choose to complete an x-ray at the Third Party Provider hospital/surgery in person and you understand that by doing so, the estimate dental treatment plan will be presented to you personally in the hospital/surgery overseas and not before your departure from Australia.
The Third Party has the right to delay dental treatment indefinitely and/or conduct full medical examinations and/or specialist doctor consultations to determine your suitability to treatment. This may include but not limited to requiring blood tests, blood pressure test and X-rays and more. Under no circumstances is Overseas Dental Solutions liable for any delay or cancellation of appointment and/or treatment.
Overseas Dental Solutions recommend obtaining OPG X-rays under 3 months old in your state/ territory/county for an estimate dental treatment plan. However, if you choose not to have any OPG X-ray completed in Australia prior to departure and/or do not send current photographs and medical history, you understand that an estimate for a dental treatment plan cannot be completed. By doing so, the Third Party Provider will be required to complete all necessary steps, examinations, consultations and tests to determine your suitability to be treated.
Based on the Third Party Provider medical test, Overseas Dental Solutions and the Third Party Provider has the right to revoke treatment without any recourse from the patient.
The initial prices on the Treatment Plan are only an estimate only and are subject to change at any time without notification
The Third Party Provider and Overseas Dental Solutions have the right to change prices at any time pre-treatment, during-treatment and post-treatment based on your dental case and conditions pertaining to it.
Dental treatment plans presented are provided by the Third Party Providers. Explanation and discussion of your dental treatment plan with Overseas Dental Solutions in no way imply, express or persuade you to do treatment. Overseas Dental Solutions are not doctors and you should seek independent and qualified medical advice.
A confirmed treatment plan will only be presented to you after full examinations and consultations are made in person at the Third Party Provider surgery facility. This is done with the consulting dentist in at the Third Party Provider facility during the one-on-one consultation. All treatment plans prior to the Third Party Provider’s full examinations and consultations are estimated costs only.
ODS is not liable for any of the Third Party Provider’s actions to change, cancel or revoke the starting and/or completing of dental treatments
The Third Party Provider will offer a treatment plan which is a general cost estimate. Full costs will be completed during the 1st consultation appointment at the hospital/surgery in person.
You acknowledge that if you do not understand anything, need more information or feel unable, at any time and for whatever reason, you are able to discuss this with Third Party Provider staff including the doctor.
Information about the professional qualifications of the doctors can be supplied upon request to the best of Overseas Dental Solutions’ ability.
- Not Going Ahead with or Completing Treatment
You have the right to accept or decline a treatment plan and treatment by Overseas Dental Solutions and/or Third Party Provider no matter what stage treatment is at, by your own free will without any medical consequence and legal repercussions due to your decision
By your own free will if you have decided to not proceed with treatment, Overseas Dental Solutions and/or Third Party Provider are not liable for any financial expenses incurred relating to but not limited to, treatment, travel arrangements, accommodation, insurances, foreign exchange, transfers and tours.
- Going Against Medical Advice
If you decide against the medical advice and/or treatment plan that the doctors of the Third Party Provider have recommended, that could result in the treatment being unsatisfactory, you will be required to complete a disclaimer to that effect. You will void your guarantee of any revision treatment and/or surgery as a direct consequence of the surgery and/or treatment you have decided upon.
If you require revision treatment/surgery in accordance to Clause 13.1, the revision board at the Third Party Provider will outline the revision treatment/surgery, its conditions and, additional costs associated that the patient must pay and the time required in Thailand to complete treatment.
The doctor who previously treated you may not be available for revision surgery/treatment. In that case, the revision board at the Third Party Provider will specify another doctor to perform the revision treatment/surgery.
- Post Treatment
You agree with the recommendations of the Third Party Provider post-treatment. If you fail to comply with the recommendations that the Third Party Provider suggests, you agree that you do not hold Overseas Dental Solutions liable and/or Third Party Provider liable for non-compliance of post treatment.
You agree to take responsibility for any action and/or inaction for your own oral health post treatment and the consequences of this action and/or inaction in all capacity and manner.
The patient has read the Third Party Provider’s hospital/surgery after treatment care requirements, literature and/or terms & conditions. In doing so, you understand and agree to the aftercare required to maintain any warranties as set the hospital/surgery.
- Patient Grievances
If the patient has any grievances with the treatment being conducted and/or completed by the Third Party Provider, it is your responsibility to advise the Third Party Provider as soon as possible in person at the facility.
The clause above is subject to the Third Party Provider’s terms and conditions in regards to handling grievances.
Overseas Dental Solutions are in no way responsible nor liable when grievances occur and all matters need to be directly communicated to the Third Party Provider to their designated contact channels.
It is up to your discretion as a patient to continue or discontinue service with Overseas Dental Solutions and/or Third Party Provider, at any stage without any medical, financial consequences and legal action.
You acknowledge that you must notify Overseas Dental Solutions and/or the Third Party Provider directly if there are any issues, challenges, changes to your travel plan that may affect your dental treatment appointment. For example, these include but are not limited to: a missed flight, delayed flights or any change to your flight and/or accommodation details.
It is your responsibility to keep your scheduled appointments. You must notify the Third Party Provider if you cannot attend the appointment through their designated communication channels. Overseas Dental Solutions reserves the right to charge you “a non show fee” of $50.00 AUD.
You must ensure that you have the correct travel documents including but not limited to a valid passport with 6 months validity.
Understand and acknowledge of any travel taxes and charges that may occur within Australian and overseas.
To have registered on Smart Traveller website at your own free will.
- Paying for Services
You acknowledge that you have the required funds arranged to pay the Third Party Provider for your treatments before your departure. The Third Party Provider’s hospitals/surgeries has the right to peruse you and/or cancel your appointments and treatment based on your ability to pay.
Any additional fees and charges relating to treatment plan are payable to the Third Party Provider’s hospital/surgery after each appointment and/or in accordance with the Third Party Provider’s hospital/surgery terms and conditions.
You acknowledge that payments be made in the relevant country’s currency to the Third Party Provider and you accept the currency exchange charges per transaction.
Prices on Overseas Dental Solutions website are indicative prices only from the Third Party Provider hospital/surgery and are subject to change without prior notice.
Prices on Overseas Dental Solutions treatment plans originating from the Third Party Provider hospital/surgery are indicative prices only from the hospital/surgery and are subject to change without prior notice.
Third Party Provider hospitals/surgeries reserve the right to change and/or drop/cancel any services and/or treatments from your personalised treatment plan, and/or listed on from Overseas Dental Solutions, hospitals/surgery respective websites.
Third Party Provider hospitals/surgeries reserve the right to change for revision treatment/surgery.
The client agrees not to defame Overseas Dental Solutions and any of its employees, associates, agents, Third Party Providers or partners publicly at any time during or subsequent to the contract.
Unruly or rude behaviour towards Overseas Dental Solutions by but not limited to, you and/or your partner, spouse, significant other, husband, sibling, child, will not be tolerated in any manner. Overseas Dental Solutions reserves the right at any time not to respond to you, stop dealing with you without any notification in breach of this clause.
You agree that Overseas Dental Solutions may, in its discretion, access, monitor and review content or material which you submit to the Overseas Dental Solutions You grant Overseas Dental Solutions a perpetual royalty free, non-exclusive, irrevocable, worldwide licence (with a right to sub-license to our authorised nominees) to use, modify, copy, distribute, transmit, reproduce, publish, display and broadcast the material you have submitted or posted on the Overseas Dental Solutions Website including in any promotional or communication activities Overseas Dental Solutions conducts in Australia or overseas.
If you have a complaint about any of the content that may be published on our Website, you should contact us.
Users of our Website have access to and may download available materials and resources for personal use only. All intellectual property rights in materials and resources provided on the Overseas Dental Solutions Website are owned by Overseas Dental Solutions or its affiliates or licensors.
You must not do anything with the materials and resources, that is not expressly authorised by these Terms of Service. Without limitation, you must not modify, adapt, sell, or use the materials and resources for a commercial purpose (such as charging third parties for access to the materials and resources) without the prior consent of Overseas Dental Solutions.
You acknowledge that Overseas Dental Solutions is not a counselling service. The content of the Overseas Dental Solutions Website including the materials and resources is intended for information purposes only. The Overseas Dental Solutions Website, materials and resources are not intended to be suitable for professional medical advice, diagnosis, or treatment.
- Third-party Websites
Any links to third-party sites or applications are provided for your convenience only. If you access a third-party website or application from the Overseas Dental Solutions Website, you do so at your own risk. The inclusion of a third-party website should not be interpreted as any endorsement, approval, recommendation or preference by us of the owners or operators of the third-party website, or for any information, product or service referred to on third-party website.
You understand that these Terms of Service do not apply to your use of such third-party sites or applications.
You acknowledge and agree that Overseas Dental Solutions is not responsible or liable for your use of any third-party website, application, service or content.
We are not responsible for the privacy practices of any third-party social media or other service providers that you can access through our Website.
Failure by Overseas Dental Solutions to insist upon strict performance of any term, warranty or condition of these Terms and Conditions shall not be deemed as a waiver thereof or of any rights Overseas Dental Solutions may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.
Any notice to be given by you to Overseas Dental Solutions shall be sent to Overseas Dental Solutions’ address that appears below, or as otherwise notified to you by Overseas Dental Solutions. No notice shall be deemed to be given until it is actually received at such address.
Any provision of these terms, which is invalid or unenforceable in any jurisdiction, is to be read down, if possible, so as to be valid and enforceable. The read down provision will apply only in the relevant jurisdiction. If the provision cannot be read down, and it can be severed to the extent of the invalidity or unenforceability, then it will be severed. The remaining provisions of these terms, and the validity or enforceability of that provision in any other jurisdiction, will not be affected.
- Governing Law
You agree that all connections, associations, agreements or contracts made with Overseas Dental Solutions shall be deemed to be made in the State of Victoria, Australia and these Terms and Conditions are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.
- Force Majeure
If the performance of the Overseas Dental Solutions obligations under these Terms and Conditions is prevented, restricted or affected by force majeure including strike, lock out, breakdown of software or hardware equipment or any other cause beyond the reasonable control of Overseas Dental Solutions, Overseas Dental Solutions will not be liable for any loss or damage suffered by you or any other person and you will give Overseas Dental Solutions written notice if the force majeure event has continued unabated for thirty (30) days.
- Website Information
Materials presented on this website contain information from third party sources and may not be comprehensive or complete. Whilst Overseas Dental Solutions endeavours to keep information on this Website current, it does not guarantee the accuracy of information published on the website.
- Your visit to our website
- Recognise your computer or internet enabled device
- Greet you each time you visit our website
- Keep track of services you view
- With your consent, send you news about viewed services
- Measure traffic and engagement patterns, to evaluate our website visitor’s habits
- Identify and continually improve our services, programs, content and resources
- If you do not wish to receive cookies, you can set your browser so that your computer does not accept them
All of the information we collect is aggregated and cannot be used to identify you individually. This information is used to evaluate website usage in order to maintain its effectiveness.
We do not collect this information for any type of online advertising.
Overseas Dental Solutions reserves the right to amend these Terms and Conditions from time to time. Your continued use of the ODS Services following such notification will represent an agreement by you to be bound by the Terms and Conditions, as amended.
If you have any queries please contact customer service on (03) 9458 3037 or email: firstname.lastname@example.org
Overseas Medical Pty Ltd
Head Office: PO BOX 476, Rosanna, Victoria 3085
Phone: +61 (03) 9458 3037