Global Terms & Conditions

Pricing and Payment

1. Prices: All prices are subject to change with notice and are in ZAR inclusive of VAT. Active Aligners prices include packaging and shipping, but additional shipping charges may apply for other products offered, such as replacement Aligners and additional Retainers.
2. Invoice payment: Smile Club Lab 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 and Active Smile Designs will be manufactured to the highest standards and accuracy in a registered Dental Laboratory.
2. The custom made Active Aligners and Active Smile Designs 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.

Smile Club Practitioners basic requirements

1. 1. The Practitioner has filled in and submitted the required onboarding document to their local Smile Club office or agency.
   2. The Active Aligners 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 Smile Club accounts timeously.

Shipping

1. 1. The Active Aligners and Active Smile Designs are completed, packed and ready for shipment within 7-10 working days from receiving approval for manufacture and Lab 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 any Smile Club Lab product 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 any work ordered from the Smile Club Lab.

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, Active Smile Design or any of The Smile Club offerings.
2. The Practitioner has the necessary experience and/or training to properly perform procedures associated with Active Aligners and Active Smile Design treatments.
3. The Practitioner acknowledges that Active Aligners and Active Smile Designs products 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, Active Smile Design or any product offered by The Smile Club Lab 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 / 3-shape platform. Once a treatment plan has been approved for manufacture, the Practitioner must complete the online “Active Aligners / Smile Club Lab – Order Form”.
   3. The Active Aligners case and Active Smile Designs will be manufactured according to the approved treatment plan and instructions on the Lab 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 Aligners, Smile Design or any other treatment as well as the review and approval of the Active Aligners treatment and Smile Designs 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 Aligners instruction manual in order to advise or answer any queries from their patients.
   4. Smile Club Lab Practitioners, including  Active Aligners and Active Smile Design, are allocated logon ID’s to the Full Contour / 3 Shape platform.
   5. The platform allows Active Aligners 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.
   6. 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 “Smile Club Practitioners basic requirements” 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.