The Thirty Two – Smile Care Club T&C’s (employer)
Introduction
The Thirty Two Smile Care Club enables select organisations with an opportunity to provide their employees with access to dental care with members only benefits at The Thirty Two Dental Studio.
By registering your organisation as a member of The Thirty Two "Smile Care Club" (hereafter referred to as The S.C.C) membership program you agree to be bound by the Terms and Conditions below on and from the date you submit your RSVP via https://www.thethirtytwo.com.au/smile-care-club.
These Terms and Conditions are effective from the 25th September 2023 and may be amended in accordance with clause 7.
Membership Registration
The “S.C.C” is an in-house dental membership program. By joining the S.C.C, your organisation's employees are able to access a range of services offered by The Thirty Two Dental Studio as described in paragraph 3 (Dental Services). The S.C.C is not health insurance.
In order for an organisation and their employees to be eligible for access to the S.C.C, a representative on behalf of your organisation must have completed the Smile Care Club landing page online form under the invitation of The Thirty Two.
Dental Services
The type and kind of Dental Services you are able to access are set out below:
One “32 & You” new client experience at The Thirty Two Dental Studio per year;
One dental check-up and clean at the Thirty Two Dental Studio per year;
10% discount on all treatments and products offered at the Thirty Two Dental Studio; and
Access to the above benefits for one family member or friend nominated by each employee of your organisation registered under The S.C.C
Only the goods and services described above are included in The S.C.C.
For treatment that is given in courses (for example, orthodontic treatment), you must maintain your organisation's Membership for the duration of the course of treatment in order for employees to receive the Dental Services at the the members only rate.
Membership Fee
Your organisation has been offered a complimentary 12-month trial from your initial RSVP submission. At 11 months, your organisation’s membership will be reviewed and if offered, will have the opportunity to maintain membership. At this time, it will be necessary to pay the applicable fee (Membership Fee).
At the time of payment, your organisation will be required to provide a current, valid and accepted Australian Visa or Mastercard credit or debit card (Payment Card) in order to continue to maintain your organisation’s membership and access the Dental Services.
Your organisation cannot transfer its membership to another organisation or sell its membership or any rights to the Dental Services. You cannot exchange your organisation's membership for cash. Your organisation’s membership cannot be used in conjunction with other discounts or programs.
Membership Access
Membership to the S.C.C is available to organisations and their current employees that have been invited to join by The Thirty Two Dental Studio.
Each employee may also nominate one family member or friend to access the benefits included in the S.C.C’s Dental Services.
If an employee is no longer employed by a participating organisation with a current and valid membership, said employee and their nominated beneficiary will forfeit rights to all benefits associated with the S.C.C.
Membership Period
Your organisation’s membership is valid for 12 months from the date your membership is accepted by The Thirty Two and each subsequent 12 month period until you or The Thirty Two terminates the membership in accordance with these terms and conditions (Membership Period).
Dental Services at members only fees cannot be used after the end of the Membership Period.
One month prior to the conclusion of each 12 month period, your organisation’s membership will be automatically reviewed and renewal may be offered for another 12 month period (Further Term). If renewal of membership is offered and accepted by both parties, you will be required to provide a current, valid and accepted Australian Visa or Mastercard credit or debit card on behalf of your organisation (Payment Card) in order to continue to maintain your organisation’s membership and access the Dental Services.
The Thirty Two will give notice to you in writing within one month of the end of the Membership Period, notifying you that your membership will be extended for a Further Term and informing you of the Membership Fee that will be applied to the Further Term. If you do not wish for your organisation’s membership to be extended for a Further Term you must opt-out [within / at least] 14 days prior to the end of the Membership Period by contacting us at smile@the32.com.au.
Ownership and use of Marketing Materials
All marketing materials remain the intellectual property of The Thirty Two and are branded, trademarked and/or copyrighted in a particular way to present a consistent and accurate global image of The Thirty Two. Any participating organisations and their employees agree to respect this ownership and agree to the following conditions:
The Thirty Two promotional, advertising and marketing materials are to be used under the direction and with the approval of The Thirty Two and will be used solely for increasing the awareness and assisting in the promotion of the S.C.C to your organisation’s employees regarding their access to the S.C.C and its associated benefits.
Any promotional, advertising and marketing material reproduced under licence from The Thirty Two, including logos, brand names and printed material, must only be used as intended and must not be altered or modified in any way unless your organisation receives written permission from The Thirty Two. This permission will not be unreasonably withheld.
Changes to the Terms and Conditions
Subject to Changes to the Terms and Conditions, The Thirty Two reserves the right to make any changes to The S.C.C and these terms and conditions, including but not limited to the Dental Services provided as part of your organisation’s membership or, the Membership Fee and the Membership Period.
If The Thirty Two amends these terms and conditions, The Thirty Two will provide you notice by posting the updated Terms and Conditions on the The Thirty Two website.
If The Thirty Two makes any material changes to the Terms and Conditions, The Thirty Two will provide you with at least [14 days] notice in writing.
Membership suspension or termination
The Thirty Two makes no representation as to the continuing availability of the S.C.C. The Thirty Two will give at least 1 months' notice to you of any suspension or termination of the Program.
The Thirty Two may suspend or cancel your organisation’s membership immediately if you breach these terms and conditions or any law.
If The Thirty Two terminates your membership or the S.C.C. prior to the end of the Membership Period due to reasons independent of your organisation's adherence to these terms and conditions, The Thirty Two will offer a pro rata refund taking into account the amount of time that remains in the Membership Period, regardless of the amount of Dental Services you have used.
If The S.C.C. is suspended due to a breach of these terms and conditions, The Thirty Two will not offer a pro rata refund taking into account the amount of time that remains in the Membership Period, regardless of the amount of Dental Services you have used.
If The S.C.C. is suspended due to any of the above factors, your organisation and its employees will not be entitled to any Dental Services during the period of suspension.
If The S.C.C. is terminated, any unused Dental Services cannot be used. The Thirty Two shall not be liable to you for any unused Dental Services available to you at the time the Program is terminated.
You may at any time cancel your organisation's membership by providing written notice to The Thirty Two. After receiving the request for cancellation in writing The Thirty Two will cancel your membership. If you cancel your organisation's membership, you will not be entitled to a pro rata refund taking into account the amount of time that remains in the Membership Period, regardless of the amount of Dental Services you have used.
Privacy
You acknowledge that information about your organisation and your employees, including information provided upon becoming a member of the S.C.C, will be collected, held, used and disclosed by us in accordance with our Privacy Policy. This policy includes information about how you can seek access to, and correction of, your personal information, and how you can make a complaint about our handling of your personal information.
If you do not provide, or we otherwise cannot collect all the information we have requested, you may not be able to become a member of the S.C.C.
You acknowledge that The Thirty Two has no obligation to monitor your employees use of the Dental Services, but has the right to do so for the purposes of operating The S.C.C., or to ensure compliance with these Terms and Conditions, or to comply with law.
Limitation of Liability
Limitation of Liability is subject to the Australian Consumer Law and nothing in this clause shall limit your rights and remedies under the Australian Consumer Law.
The Thirty Two shall not be liable to you for any breach of these terms and conditions by The Thirty Two which was caused by an event beyond the reasonable control of The Thirty Two.
The Thirty Two shall not be liable for any special, indirect, incidental, consequential loss arising out of your access to, or use of the S.C.C.
General terms
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
The failure by The Thirty Two to insist upon or enforce strict performance of any of these Terms and Conditions will not be construed as a waiver of any right or remedy of The Thirty Two in respect of any existing or subsequent breach of these Terms and Conditions.
These Terms and Conditions may not be dealt with in any way by you or your organisation (whether by assignment or otherwise) without The Thirty Two’s prior written consent. You agree that The Thirty Two may assign this agreement to a third party without notice.
These Terms and Conditions are governed by and construed according to the law of the State of Queensland, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.