Terms & Conditions

Pricing and Payment

1.  Prices: All prices are subject to change with notice and are in ZAR inclusive of VAT. Prices include packaging and shipping, but additional shipping charges may apply for replacement Aligners and additional Retainers.
2. Invoice payment: Active Aligner fees are due within 30 days of the date of invoice unless otherwise agreed in writing by the parties or as otherwise stated in the invoice. Any invoice or outstanding balance not paid by the invoice due date may be subject to the maximum interest allowable by law.

Our Commitment to Practitioners

1. Active Aligners will be manufactured to the highest standards and accuracy in a registered Dental Laboratory.
2. The custom made Active Aligners will be free from material and manufacture defects.
3. Active Aligners warrant fit and finish for 30 days from manufacture date as long as no modifications have been made to the Aligners.

Active Aligner provider basic requirements

1. 1. The Practitioner has filled in and submitted the required onboarding document to their local Active Aligner office or agency.
   2. The Practitioner has sufficient knowledge or experience using Clear Aligners or has completed the online Active Aligner training course.
   3. The Practitioner has activated their portal account.
   4. The Practitioner settles all accounts timeously.

Shipping

1. 1. The Active Aligners are completed, packed and ready for shipment within 7-10 working days from receiving approval for manufacture and Order Form.
   2. The complete treatment is shipped to the treating Practitioner’s address provided during onboarding. The Practitioner must notify the Company of any address change in writing.
   3. No liability will be borne by the Company as a result of a delay in delivery of Active Aligners caused by natural events, or by a third party carrier, or by the Practitioner’s failure to furnish accurate and complete delivery details.
   4. The Practitioner must notify the company of any non-delivery of Active Aligners.

Cancellations

1. If a Practitioner cancels an order after the treatment plan has been completed, the treatment plan fee will still be charged.
2. If a Practitioner cancels an order after approval for manufacture, a cancelation fee will be applied.
3. Cancellations are not allowed once the case has been dispatched.

Practitioner Commitment

1. The Practitioner is registered and licensed to practice in the country where he/she is prescribing Active Aligners.
2. The Practitioner has the necessary experience and/or training to properly perform procedures associated with Active Aligner treatment.
3. The Practitioner acknowledges that Active Aligners are custom-made devices, designed and manufactured for a specific patient.
4. The Practitioner will take full responsibility for their patient and the prescribed treatment as well as the ongoing monitoring and tracking during the treatment period.
5. The Practitioner will ensure that the patient has signed an informed consent document and that the patient is fully aware of what to expect and any potential associated risks.
6. Any issues experienced due to the use of Active Aligners reported to the Practitioner must be reported to Smile Club Lab within 2 weeks.

Manufacturing Orders

1. 1. The company reserves the right, without liability, to not accept an order within reason and with explanation to the Practitioner.
   2. The Practitioner holds the sole responsibility for the approval of the treatment plan on the Full Contour platform. Once a treatment plan has been approved for manufacture, the Practitioner must complete the online “Active Aligners – Order Form”.
   3. The Active Aligner case will be manufactured according to the approved treatment plan and instructions on the Order Form.

Indemnification

The Practitioner agrees to indemnify, keep indemnified, defend and hold harmless the Company against and from any and all claims, causes of actions, damages, debts, liabilities, losses, obligations, payments, costs and expenses (including legal expenses), arising from or relating to: Practitioner’s breach of any term of any agreement with the Company, Practitioner’s breach of any term of any agreement between Practitioner and their Patient or any acts or failures in respect of a Patient, Practitioner’s provision of incorrect or incomplete information, documents or impressions to the Company or any failure to timely provide the Company with any information it requests from the Practitioner and dealings with the Practitioner’s national regulators, licensing or professional bodies in relation to the Practitioner.

Promotional Materials

The Practitioner authorizes the Company to send programs, training, events, sales and marketing promotions and materials, surveys or other information related to the Active Aligners and associated products to the Practitioner unless the Practitioner has indicated otherwise in writing.

Clinical Risks

1. 1. The review of the patient’s clinical health, and suitability for Active Aligner treatment as well as the review and approval of the Active Aligner treatment plan is the treating practitioner’s responsibility.
   2. The patient and treatment including the tracking and follow up remain the sole responsibility of the Practitioner.
   3. The Practitioner must always ensure that they are aware of the contents of the Active Aligner instruction manual in order to advise or answer any queries from their patients.
   4. Active Aligner Practitioners are allocated logon ID’s to the Full Contour platform. The platform allows Practitioners the ability to load, review, approve or send for re-design their patient’s cases. The platform gives the Practitioners a 3D view of the treatment plan with a simulated view of the tooth movement and the approximate desired outcome. It must be noted that outcomes may vary as tooth movement is not an exact science. The platform can be used to communicate with the treatment planners for any requirements and changes and to allow Practitioners to see all requirements for the treatment which may include attachments and/or IPR.
   5. The Practitioner must ensure that the patient fully understands what the treatment entails and any risks that may be associated with their treatment.

Termination

1. 1. The Company may suspend or cancel current and/or future dealings with a Practitioner if the Practitioner fails to make any payments due to the company as per definitions point 5 in this document or any other agreement in writing.
   2. Termination shall be effected if the Practitioner ceases to operate in the field of dentistry or is deregistered in their geographic location for whatever reason.
   3. Termination will not affect either party’s outstanding rights or duties, including the Company’s right to recover from the Practitioner any money owing under the Agreement. On termination, the Practitioner shall immediately pay all outstanding invoices.
   4. Should the practitioner not transact for 6 months, they may be removed from the website as an Active Aligners provider.