TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/ OR THE PRODUCTS.
TERMS & CONDITIONS
Welcome to Spartan Guards www.spartanguards.com.au.
Spartan Guards (ABN 70 234 827 293) owns, operates and provides this Website and its related Products subject to the following terms and conditions of use of this Website.
Spartan Guards reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by publishing the amended Terms and Conditions on Spartan Guard’s Website. We may revise these terms from time to time. The revised terms will take effect when they are posted on the Website and your continued usage of this Website after any changes to these Terms and Conditions will mean you accept those changes and/or the Products.
Images of people, places and/or Products posted on this Website are either the exclusive property of Spartan Guards or are used herein with the express permission of Spartan Guards. Unless otherwise noted, all content included on this Website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of Spartan Guards or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws. The compilation of this Website is the exclusive property of Spartan Guards and is protected by Australian and international copyright laws. Any unauthorised use of any content or materials on this Website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Website can be made only with the prior written and express authorisation of Spartan Guards. For further information on how you may obtain the authorisation to use any materials or content on this Website, please contact Spartan Guards by using the contact details provided in these Terms and Conditions. Please note that Spartan Guards reserves all of its rights in this regard.
All trademarks (whether registered or unregistered) and their respective designs and/or logos on this website and used in relation to our products are the exclusive trademarks and/or registered trademarks of Spartan Guards or otherwise licensed by the registered holders of the trademarks. The trademarks, trade dress and service marks of Spartan Guards may not be copied, imitated or used, in whole or in part, without prior written permission of Spartan Guards. All page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Spartan Guards, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Spartan Guards. All other trademarks, registered trademarks, product names and company names or logos used on this website and/for the products are the property of their respective owners and have been licensed by Spartan Guards for the use of Spartan Guards only. You may not use any trademarks, trade dress, service marks or intellectual property of Spartan Guards or its related companies, nor may you place any Meta tags or any other "hidden text" utilising the name of Spartan Guards or its related companies, trademarks, or product names without our clear express written consent.
LICENSE AND SITE ACCESS
You agree that this Website is provided free of charge. Spartan Guards shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Website. Spartan Guards may from time to time, publish links to other third party websites on this Website. Contents, hyperlinks or information held on other sites is not the responsibility of Spartan Guards. Spartan Guards shall not be held liable for any information held on websites which may have links to or from this Website and which are not maintained and controlled by Spartan Guards. Spartan Guards does not endorse any material on those websites and does not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of material on those websites, nor does Spartan Guards warrant that material on other websites does not infringe the intellectual property rights of any other person.www.spartanguards.com.au is intended for use within Australia only unless otherwise specified. Spartan Guards makes no representation that any product or service referred to on this Website is appropriate for use, or available, outside of Australia. Those who choose to access this site outside of Australia are responsible for compliance with local laws to the extent that local laws are applicable.By using this Website and/or the Products, you consent to the Terms and Conditions and disclaimers, as defined by Spartan Guards. Spartan Guards reserves the right to change these conditions from time to time without giving you prior notice.
We grant you a limited license to make personal use only of the Website for consideration and/or purchase of our products. Such grant does not include, without limitation: (a) any resale or commercial use of this website or any of the contents of this website; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the contents of this website not intended to be so read, including use of or directly viewing the underlying HTML or other code from this website except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of this Website (including any company trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the website and any of the contents of the website; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the website or to collect any information from the website or any other user of the website.
You understand that any such violation is unlawful in many jurisdictions and that contravention of law may result in criminal prosecution. Examples of violations include: accessing data unlawfully or without consent; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; attempting to interfere with service to any user, host or network, including without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Linking to our website is prohibited unless prior written consent is granted by Spartan Guards.
Links on our Website may direct you to third party websites, which are subject to their own terms and conditions. Your use of those websites is solely at your own risk and expense and Spartan Guards accepts absolutely no responsibility and makes no claims, representations or warranties with regards to the use, quality, content, nature or reliability of any third party websites.
Occasionally Spartan Guards may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to Spartan Guards using your email address to send you Spartan Guards newsletters or product or service information updates (as applicable). Spartan Guards may also use your email address to send updates to you about changes to Spartan Guards Products.
CONDITIONS OF SALE
Spartan Guards will not be liable or otherwise responsible for any failure of delivery, shortage, defect or damage or related direct, indirect, special or consequential losses, damages, liabilities, costs or expenses sustained by you or any other party in respect of any delivery issues, losses or defects within 48 hours of delivery of the Products to your nominated location (given all deliveries are completed through Australia Post).
In the event however that your delivery of the Products is lost or fails to be delivered, Spartan Guards will use reasonable endeavours to recover the Products and (at its discretion) agree to provide you with a replacement Product. The postage fee for the delivery of any such replacement Product must still be paid by you prior to the replacement Product being delivered to you.
Spartan Guards will access your impression and finish the appliance(s) to cover all your teeth in the required arch.
Your Product may include an impression kit, to manufacture your Product. If additional impression materials are required (at its discretion) Spartan Guards will cover the cost of the replacement impression material (including any postal costs) on one occasion (unless otherwise advised by Spartan Guards).
If you require additional materials however following the provision of replacement impression materials by Spartan Guards, you will be required to pay any delivery costs associated with the provision of any additional materials.
You must return any impression kit to Spartan Guards within three (3) months of receipt of the impression kit by you from Spartan Guards. In this regard, Spartan Guards has no obligation to complete the order and reserves the right to charge you an additional fee (to the value of the Products – as determined by Spartan Guards) for any return of the impression kit by you outside this three (3) month period and prior to manufacturing the Product for you.
As set out below under the Warranties, you acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision or spoken to a healthcare professional to determin which of the Products suits your dental issues.
You further agree that your use of the Products will only occur in accordance with these Terms and Conditions and in line with any written instructions provided by Spartan Guards for the Products.
Ownership of and title to the Product does not pass to you until the price payable for the Product, including all charges, has been paid in full by you and any such payment has been processed and confirmed by Spartan Guards.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order for Products to ensure that these Conditions of Sale have not changed.
Spartan Guards reserves the right to accept or reject your request for the Products for any reason, including, without limitation, an error in the product description or the price posted on the Website for the Products, the availability of the Products or an error in any order for the Products. Your contract with Spartan Guards for any Website purchase of the Products will only come into existence when Spartan Guards forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of delivery and/or an invoice.
Spartan Guards will provide you with a tax receipt for any purchase of the Products from the Website (invoice).
Acceptable payment methods for any purchase of the Products include all major credit cards and/or electronic bank transfer unless otherwise agreed with Spartan Guards. Payment will be made in full on completion and processing of the sale of the Products by Spartan Guards.
Products purchased will not be delivered until such time as full and complete payment for the Products has been received by Spartan Guards.
In the event of a default by you on the purchase of any Product, Spartan Guards reserves its right to terminate the proposed sale of the Products to you and suspend and cancel the delivery of the Products to you.
Spartan Guards Products are not health fund rebatable.
A minimum of 48 hours’ notice of cancellation is required for any purchase of the Products and will only be accepted subject to written confirmation being received from you and responded to by Spartan Guards. Spartan Guards reserves the right to levy a fee of up to 50% of the total purchase price of the cancelled sale of the Products to cover any administrative costs at its complete discretion and by notifying you in writing of its intention to do so. Any Products opened and/or used by you will not be able to be returned and/or refunded.
MONEY BACK GUARANTEE
Spartan Guards extend to you the right to return to us any of the Products and to receive a refund to the value of the Products’ purchase price in accordance with the following guarantee (Money Back Guarantee).
The Money Back Guarantee is only valid for an initial fourteen (14) day period following the receipt of the Products by you (Guarantee Period). Following the Guarantee Period, the Goods will be deemed to have been accepted by you.
If however within the Guarantee Period you are not satisfied with the Products, you may request a refund by notifying us in writing (Notice), prior to the expiry of the Guarantee Period. You must then return any relevant Product within ten (10) days of the Notice having been provided. We may then elect (at our total and complete discretion) to refund to you an amount equal to the amount previously paid by you for the Products (minus any postage). Email is acceptable as form of written Notice.
For the avoidance of doubt, Spartan Guards reserve the right to refuse to provide a refund in accordance with the Money Back Guarantee for any reason.
CREDIT CARD AUTHORISATION
The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account, however your order will not be dispatched until the next business day.
Notwithstanding any of these Terms and Conditions, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this website for any reason or no reason. Upon termination, these Terms and Conditions will still apply.
If you are under 18, you may use this Website and/or the Products only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Website and/or the Products by children, minors and others under your care. You agree to be responsible for their use of this Website and/or the Products. Any purchase of the Products is only available for sale to individuals who can make legally binding contracts. By placing any order for the Products you are verifying to Spartan Guards that you are able to make a legally binding contract.
This Website is provided "as is" and Spartan Guards excludes all warranties of any kind to the fullest extent permissible by law. Spartan Guards does not guarantee the accuracy or completeness of the Website or any information or Website content or that it is free of defects or viruses and we accept no responsibility for viruses and defects.
It may be necessary to interrupt the services provided on Spartan Guard's Website in order to upgrade or maintain them, or for other circumstances beyond our control. Should we need to interrupt the availability of Products on this Website Spartan Guards will endeavour to minimise any interruption to the services.
The Competition and Consumer Act 2010 and other statutes may impose warranties, conditions or obligations upon Spartan Guards which cannot by law be excluded (or which can only be limited to a limited extent by law). Other than as expressly provided for in these Terms and Conditions, Spartan Guards exclude all such imposed warranties, conditions or obligations to the extent permitted by law and exclude any warranty, condition or obligation imposed or implied under common law, equity or otherwise.
Except as expressly otherwise provided in these Terms and Conditions, Spartan Guards shall not be liable for any loss, harm, injury, death or damage or liability of any kind whatsoever (including consequential loss or lost profit or business) whether suffered or incurred by you or another person and whether in contract, or tort, or otherwise and whether such loss or damage arises directly or indirectly from the Products, Website or services provided by Spartan Guards to you or for any other reason.
To the extent that Spartan Guards are liable for any reason for any loss suffered or liability incurred by you arising from any breach of these Terms and Conditions or for any other reason, such liability is limited to the amount of the price of the Products concerned that you have actually paid to us.
If Products are returned by you, or if you make a claim in writing to Spartan Guardsin relation to the Products, Website or associated services provided, Spartan Guards may, in its discretion, repair or replace the Products or refund the price of those Products to you, provided that:
you must supply the date and number of any invoice relating to the Products.
we must be given a reasonable opportunity to inspect the Products.
Spartan Guards may agree to a higher limitation of liability with you than the limit noted above, but such agreement will only be effective if recorded in writing and signed on Spartan Guard’s behalf by an authorised signatory.
While every effort has been made to supply the Products in accordance with the specifications and/or any quote or estimate provided to you for the Products, Spartan Guards will not be liable for any loss or damage arising from any representations or warranties, either express or implied and to the extent permissible by law we will not be liable for the merchantability or fitness for a specific purpose of the Products.
Your use of any materials or information provided on this Website and/or the Products is entirely at your own risk. We assume no duty of care to you with respect to this Website and/or the use of the Products.
Each Spartan Guards Product is provided with a 1 year (12 months) warranty with respect to the manufacturing and any material defects.
You acknowledge that the Products are being supplied to you based on your individual needs and that you have made your own individual decision or spoken to a healthcare professional in determining which of the Products suits your dental issues. Unless otherwise provided in these Terms and Conditions, Spartan Guards will have no liability to you whatsoever in respect of your selection of any of the Products.
The warranty set out in these Terms and Conditions is strictly conditional upon the following:
the impression kit checklist being fully completed by you and being fully accurate;
you complying fully with each and every instruction, procedure and requirement of Spartan Guards including (but not limited to):
reading, acknowledging and agreeing to the Terms and Conditions of Spartan Guards
reading, acknowledging and agreeing to the warranties and disclaimers provided in this document
complying with each step online and when in receipt of the impression kit
In relation to the Products that
you do not wear fixed orthodontics;
you do not at any time during the process have any loose teeth;
you do not at any time during the process have any loose crown(s);
you do not at any time during the process have any loose bridge(s);
at the time the impression was made by you, all dental appliances had been removed;
you have viewed the online video on the Website in full prior to making the impression;
you view the online video on the Website in full during the process of and in real time with making the impression; and
if you are under 18 years of age, an adult has fully supervised you at each step of the process.
The process of obtaining the impression and the provision of the Products by Spartan Guards is strictly subject to full compliance by you with each and every step and requirement of Spartan Guards and any failure by you to do so renders any warranty provided by Spartan Guards as void.
The provision of information by you is strictly and solely your responsibility and will be relied upon by Spartan Guards in relation to the Products.
Time estimates for provision of the Products are strictly estimates, not a contractual term. Spartan Guards will use reasonable endeavors to meet such time frames but it is not obliged to comply with them.
The health advice and Products presented by Spartan Guards or any of its employees, agents, directors and other associated third parties are in no way intended as a substitute for medical consultation. Dental health varies from person to person. We advise You to consult your dental healthcare professional before commencing any dental health program or before purchasing the Products.
All information provided on the Spartan Guards website is for promotional or educational purposes only. The information provided is not provided as personal advice, nor is the information specific to your own personal situation. If you use the Products or follow any advice shown by Spartan Guards you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge us, our agents, directors and any third party associated with Spartan Guards from any and all claims or causes of action, known or unknown from any claim whatsoever including (but not limited to) death, injury and/or property damage.
You (and your related parties) agree to defend, indemnify and hold harmless Spartan Guards, our officers, related entities, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or Products or your breach of any of these Terms and Conditions.
By accessing, browsing or using this Website, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Spartan Guards. Regardless of where you access this Website, you agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed and adjudicated only in the federal or state courts located in Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Spartan Guards or any of its related companies.
These Terms and Conditions constitute the entire agreement between you and Spartan Gaurds with respect to this Website and the Products. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. The rights provided in these Terms and Conditions are cumulative and not exclusive of any other rights available in any other instrument or at law. These Terms and Conditions are in addition to and are not prejudiced by or merged in any right a party now has or may have. If any of these Terms and Conditions are illegal, void or unenforceable, they will be ineffective to the extent of the illegality, voidability or unenforceability, but without invalidating the remaining Terms and Conditions. Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.
These Terms and Conditions can only be amended or varied by Spartan Guards at its own discretion and may not be amended or varied in any other manner.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us at:
Name: Spartan Guards (ABN: 70 234 827 293)
Place of Registration: Australia
Office Address: 48 Macquarie Street, Jamberoo, New South Wales 2533