Terms and Conditions
MySmilePlan will procure payment plan solutions for patients of the Practice in accordance with the terms of this Agreement (Service). It is acknowledged that the payment plans and funding are provided directly by OpenPay Pty Ltd (ACN 159 699 126) (Funder) and MySmilePlan does not directly provide funding or financial advice to the Practice or its patients. This Agreement sets out the Terms and Conditions on which MySmilePlan will provide the Service to the Practice. Capitalised terms have the same meaning given to them on the front of this Agreement.
Professional registration and liabilities insurance
The Practice must and must procure that each Practitioner:
- is registered with the Australian Health Practitioner Regulation Agency (AHPRA) (or relevant governing body); and
- meets AHPRA’s (or relevant governing body) standards at all times and complies with all applicable legislation and/or regulations.
- The Practice acknowledges it may be approved as a MySmilePlan Provider based on the information provided in the registration process.
- The Practice warrants that all information provided in the registration process was true and correct.
- The Practice acknowledges it must meet and continue to meet the Accreditation Standards of MySmilePlan in order to continue to act as a MySmilePlan Provider.
- The Practice acknowledges and agrees that MySmilePlan may change or update the Accreditation Standards at its absolute discretion. The Practice will be required to show that it meets and continues to meet the updated Accreditation Standards, within 10 business days after notification by MySmilePlan.
Payment Plans Administration
- The Practice acknowledges that they have a direct relationship with the Funder and that Funder approval is required to become a MySmilePlan provider. The Funder manages the administration and systems of the MySmilePlan payment plans. The Practice must offer MySmilePlan payment plans in accordance with the Funder's directions.
- MySmilePlan may, from time to time, provide guidance on how to deliver the MySmilePlan offer. The Practice agrees to follow the direction of MySmilePlan in these circumstances.
- The Practice acknowledges that the Funder deducts a percentage of funds provided under a payment plan, in respect of the Funder's fees. As at the date of this Agreement, the amount deducted by the Funder is 9%.
- The Practice, and each Practitioner, acknowledges that the percentage amount deducted by the Funder may be changed on 10 business days written notice by MySmilePlan or the Funder.
- MySmilePlan may, from time to time, be paid a commission by the Funder in respect of any payment plans arranged for the Practice's patients.
- The Practice permits MySmilePlan to use the Practice's logo and/or trademark on a non-exclusive and royalty free basis for the purpose of promoting the Practice as a MySmilePlan Provider.
- MySmilePlan permits the Practice to use MySmilePlan intellectual property on a non-exclusive and royalty free basis for the purpose of promoting the Practice’s provision of MySmilePlan payment plans.
- MySmilePlan, at its discretion, may require the Practice to cease using, or alter its use of, the MySmilePlan intellectual property. The Practice agrees to immediately implement all instructions by MySmilePlan in relation to the use of MySmilePlan intellectual property.
- The Practice must not use or misuse MySmilePlan intellectual property in any way that may damage the reputation or goodwill of the MySmilePlan brand.
- Either party may terminate this Agreement, for any reason, on 30 days' written notice.
- MySmilePlan may immediately terminate this agreement if the Practice fails to comply with or breaches the terms of this Agreement.
On termination, the Practice must immediately:
- cease offering MySmilePlan payment plans and representing itself as a MySmilePlan Provider; and
- remove and cease using any MySmilePlan intellectual property including but not limited to the logo, trademark and business name.
- The Practice acknowledges and agrees that MySmilePlan may use the information provided within this Agreement, or freely available in the public domain, to promote the Practice, its services and the Practitioners as MySmilePlan Providers;
- MySmilePlan may provide details of the Practice and/or Practitioners to third parties from time to time or when required by law.
- On request by MySmilePlan, the Practice must procure that each Practitioner signs a written document agreeing to the disclosure of their personal information for the purpose of this clause.
The Practice and MySmilePlan will endeavour to make all reasonable efforts to resolve any disputes relating to this Agreement in good faith.
The Practice must keep the existence of this Agreement and any other confidential information provided to it by MySmilePlan (including for the avoidance of doubt any information in connection with the business, operations or affairs of MySmilePlan) strictly confidential.
- MySmilePlan will issue any notices via electronic mail to the Practice email address or to the practice physical address listed on the front page of this Agreement.
- Unless specified otherwise, the parties may vary the terms of this Agreement by agreement in writing.
- The Practice must notify MySmilePlan within 10 business days of any change in the details set out on the front page of this Agreement and immediately if their registration with AHPRA, liabilities insurance or practice indemnity insurance lapses.
- This Agreement will be governed by the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Victoria, Australia.
Limitation of liability & Indemnity
- The Practice acknowledges and agrees that MySmilePlan has no liability whatsoever in respect of any acts of the Practice or the Funder in connection with this Agreement or the offer of payment plans.
- To the extent permitted by law, the Practice indemnifies and hold harmless MySmilePlan against any loss, liability, damage, claim, penalty or expense suffered or incurred by MySmilePlan in connection with the provision of funding by the Funder to patients of the Practice and/or this Agreement.