The following Terms and Conditions Agreement {“Agreement”} constitutes a binding contract between you (“the patient”) and Glimmer Dental Pty Ltd (Glimmer). By submitting a case to Glimmer the patient agrees to by the following Terms and Conditions. The patient & Glimmer may each be referred to herein as a -Party- or collectively as the “Parties”.

Product Information            

Glimmer is not the manufacturer of the product but acts as a reseller and sponsor of ClearPath Orthodontics clear, removable and medical graded plastic appliances (aligners customized to fit the patients’ teeth. When single or both arches are being treated. a pair of aligners (one for each arch} is referred to as an aligner. In single-arch treatment, one aligner constitutes a stage by itself. Aligners are manufactured and delivered over time altogether, and as groups. referred as batches as per the treatment requirements.

There are two types of aligners, active and passive. The active aligners are designed to apply pressure to specific teeth to  induce movement. Retainers, (also known as “passive aligners known mostly as retainers”) are designed to maintain the existing position of teeth.

Case submission and payment

A sequence of treatment with aligners (a ” product”) can be prescribed via the website located at www.glimmeraligners.com.au. 100% Payment is due at the time of product purchase. By submitting an order the patient authorizes Glimmer to charge a fee associated to the case procedures. If the patient, after the case submission terminates the treatment up till the Digital Diagnostic Setup, Glimmer has the authority to deduct 50% of the total payment received from him/her in order to cover the cost expenditures after the case submission. If the patient discontinues the treatment once the Digital Diagnostic Setup has been approved and aligner manufacturing has started, Glimmer has the authority to deduct 100% of the payment in order to cover the cost expenditures.

Active and inactive cases

Aligners can only be requested for an order while it is active. Orders are automatically inactivated (‘closed”) when “The patient  requests a retainer. An order may be closed if required records are not received within 30 days of case submission. An order may also be closed If the payment is not received within 30 days of case submission.

Treatment options

Glimmer offers the following treatment options:

  • Glimmer X (Dual or Single)

    • Includes
      • Impression Kit (1 only)
      • Digital setup
      • All aligners
      • 1 Post treatment Refinement
      • 1 Set of retainers (Post refinement on request)
      • Shipment costs
    • Excludes
      • Any applicable Govt Taxes.
  • Glimmer EZ (Dual or Single)

    • Includes
      • Digital setup
      • Impression Kit (1 only)
      • Treatment up to 10 aligners/arch
      • Shipment costs 
    • Excludes
      • 1 Post treatment Refinement
      • 1 Set of retainers
      • Any applicable Govt Taxes.

Cancellation and refunds

If The patient cancels a case before approving a treatment setup. Glimmer will have the authority to deduct 50% of the payment given by the the patient. The patient will be refunded 50% of his paid amount. 

If The patient cancels a case after approving a treatment setup, Glimmer will not refund any of the case fee paid for that case in order to cover the cost expenditures. The patient  will be responsible to pay up 100% Of the case charges,

Glimmer Aligner Shipment and Delivery

Within seven working, after receiving complete and accurate required case records along with complete payment, Glimmer will email/upload/share the digital treatment setup to the patient. A Zero set of aligners may be shipped in some cases. but complete set of aligners will not be fabricated until The patient approves the Digital setup. Once the Digital setup is approved subsequent aligners are scheduled to ship automatically unless payment is due or otherwise requested by the The patient  Delivery dates are estimated to be within 14 working days after the Setup approval, Glimmer shall not be held accountable for any damages losses or expenses incurred by the patient. If Glimmer fails to meet the estimated delivery dates, or to produce and ship the product under this agreement, the risk of loss or damage during shipment passes from Glimmer to the patient upon delivery to the address specified by the patient.

Curtailment

The following restrictions apply to all cases;

Glimmer will not manufacture aligners for closed cases.

A order cannot be reopened once closed. The patient must submit a new order to request additional aligners.

The patient agrees to request no more aligners than necessary to achieve the approved treatment plan,

Glimmer reserves the right to reject a case revision if the patient or The patient  has failed to defer to the product instructions or the treatment plan has changed. Glimmer reserves the right to cancel the treatment without refund if the patient suspected of abusing these policies.

Indemnification

The patient  agrees to indemnify, defend and hold harmless Glimmer and/or its officers, agents, employees, contractors, successors and assigns from and against any and all liability, obligations. losses, claims, actions, damages, penalties, fines, demands and all related costs, attorney’s fees and expenses any kind and nature whatsoever arsing under any theory of legal liability Clam that may be asserted on Glimmer arising out of or resulting from or relating to:

  • This agreement or use of products under this Agreement.
  • Any breach of or failure of The patient to abide by any term of this agreement
  • Any breach or alleged breach Of any representations or warranties made by The patient In this agreement or any incorrect information provided by The patient  or The patient ‘s patient to Glimmer or failure to provide products to The patient , unless the providing of or failure to provide such products was due to Glimmer’s misconduct gross negligence.

The obligation of the The patient  is to defend Glimmer against any Claim is separate and distinct from the obligation Of indemnity set forth in this Agreement, The patient  has the right assume the defense of any Claim with counsel chosen by and reasonably acceptable to Glimmer provided that counsel to Glimmer may participate in the defense Of the claim with counsel for the patient  at the expense of Glimmer.

The patient  do not have the right to assume the defense Of a Claim made against both Glimmer and The patient  if counsel for Glimmer advises in writing that a conflict in interest between Glimmer and The patient  would under be applicable principles interdict a single counsel or firm from defending both Parties.

Relationship of parties         

The Parties intend by this Agreement that the patient is and at all times shall be an independent contractor and not the agent or employee of Glimmer. Neither this Agreement nor any contract with Glimmer nor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other relationship between The patient  and Glimmer.

Assignment

This Agreement shall not be assigned by either Party hereto without the prior written consent of the other Party.

Successor and assigns

This Agreement shall be binding upon and shall inure solely to the benefit of the Parties hereto and their respective successors and shall not be for the benefit of any other person, persons or legal entities.

Entire agreement and amendment

This Agreement, the Glimmer Terms and Conditions, shall constitute and contain the entire agreement of the Parties and supersede any and all prior correspondence, understandings and agreements between the Parties respecting the subject matter hereof. This Agreement can only be modified by an authorized representative of Glimmer.

Severability

If any provision of this agreement is or shall be deemed a violation of any applicable law, rule or regulation such legal invalidity shall not void this Agreement or affect the remaining terms and provision of this agreement and this agreement shall be construed and interpreted to comply with all laws, rules or regulations.

Force majeure

Glimmer cannot be in default or breach by reason at any failure of its performance under this Agreement if such failure results, whether directly or indirectly from fire, explosion, strike, freight embargo, act Of God, or of war, Civil disturbance, act of any government, de lure or de facto, or any agency or official thereof, labor Shortage, transportation contingencies, severe weather, default of manufacturer or supplier, quarantine or restriction, epidemic or catastrophe, lack Of timely instructions or essential information from The patient  or any other third party, or other conditions beyond the control of Glimmer.

Notices

All notices, demands, requests, approvals and other communications given or made pursuant hereto shall be in writing and shall be deemed to have been given or made as of the date delivered or mailed, delivered personally or mailed by certified mail, (postage prepaid, return receipt requested), or on the date transmitted if transmitted by facsimile or electronic mail, to The patient  at the address provided by The patient .

Waiver

The failure of either Party at any time or times to require performance of any provision hereof shall in no manner affect the right to enforce the same. No waver by either Party of any condition, or of the breach of any term, provision, entente or warranty contained in this agreement, Shall be deemed to be or construed as a further or continuing waiver of any such condition or breach of a waiver of any other condition or of the breach of any other term, agreement, entente or warranty.

Governing law

This Agreement shall be construed and governed under and by the laws of the respective country in which aligners are being sold.

In case of any dispute between the parties, the matter shall be referred to arbitrators to be appointed by each party.