Terms & Conditions
Introduction
1. Teeth For Good is our community donation program. It aims to provide support to groups, organisations and causes that serve local communities where each Dental One Clinic is located.
Definitions
2. In these Terms and Conditions:
(a) “Applicant” means a Local Community Group or an individual representative acting on behalf of a Local Community Group that applies to participate Teeth For Good;
(b) “Dental One” means Dental One Pty Ltd (ACN 106 297 394) and its related bodies corporate;
(d) “Local Area” means the local area surrounding a Dental One Clinic, within an approximate 5 km radius;
(e) “Local Community Group” means:
(i) a group of people sharing a common goal;
(ii) a charity; or
(iii) a not-for-profit organisation;
(f) “Local Community Project” means a charitable or benevolent project serving a Local Area, even if the project also serves a wider area;
(g) “Teeth For Good” means this Teeth For Good Program.
Eligibility
3. Registration is only open to Local Community Groups that legitimately conduct one or more Local Community Projects within, or that serve, a Local Area.
4. Local teams or individual participants for large scale charity fundraising events are NOT considered “Local Community Groups” and therefore are NOT eligible to register.
5. Companies, businesses and groups that are intended to generate a profit are NOT eligible to register.
6. Teeth For Good does not support individuals and their personal projects.
Registration
7. To register to participate in Teeth For Good, eligible Local Community Groups must either:
(a) visit dental1.com.au and follow the prompts to fully complete the online application form; or
(b) visit a Dental One Clinic, request an application form, fully complete the form and return it to the staff at Dental One.
8. Application forms must include all required details, including:
(a) the name and contact details of the individual completing the application on behalf of the Local Community Group;
(b) the Dental One Clinic nearest to the Applicant’s home and workplace;
(c) the name of the Local Community Group;
(d) the size of the Local Community Group (i.e., number of members);
(e) the Local Community Group’s address, website address and/or Facebook profile address;
(f) whether the application relates to the Local Community Group as a whole or to a specific Local Community Project conducted by the Local Community Group;
(g) a blurb of approximately fifty (50) words describing the Local Community Group or the specific Local Community Project (as applicable) (“Blurb”);
(h) the date their application expires, i.e., the date after which they would no longer wish to participate in Teeth For Good (if applicable);
(i) details of who cheque for any proceeds from Teeth For Good should be paid to (cheques will be made payable to the Local Community Group);
(j) the nearest Dental One Clinic to the Local Area served by the Local Community Group where the Applicant wishes to participate.
9. Incomplete, indecipherable or illegible applications will be deemed invalid.
Limitations
10. Subject to clause 12, each Local Community Group:
(a) may not submit more than one application at a time and therefore must wait for an existing application to be rejected or expire before applying again;
(b) may only participate in Teeth For Good once in any twelve (12) month period;
(c) may not apply separately at different Dental One Clinics within the same twelve (12) month period.
11. In the case of Local Community Groups that conduct multiple Local Community Projects, Dental One may allow the same Local Community Group to participate multiple times within the same twelve (12) month period (i.e., once for the Local Community Group and once for each separate Local Community Project). This will be determined by Dental One in its absolute discretion on a case-by-case basis.
12. For the avoidance of doubt, for the purposes of clauses 11–12, a “twelve (12) month period” refers to the time since the Local Community Group or Local Community Project (as the case may be) last participated in Teeth For Good. This does not refer to a calendar year from January to December each year.
Review
13. Dental One will review each application for eligibility and compliance with these Terms and Conditions. Dental One will then choose from the eligible Applicants to be selected to participate in the Teeth For Good program, in Dental One’s absolute discretion.
15. Dental One may contact Applicants for additional information or clarification when reviewing applications. If Dental One is unable to contact an Applicant, the application may be rejected.
16. Dental One may, in its absolute discretion, determine that:
(a) the relevant Dental One Clinic for the Local Area served by the Local Community Group or Local Community Project (as the case may be) is different from the Dental One Clinic nominated on the application form, in which case the application will be re-assigned to the appropriate Dental One Clinic; or
(b) the Local Community Group or Local Community Project (as the case may be) does not serve the Local Area of any Dental One Clinic, in which case the application will be rejected.
17. Approval and participation in Teeth For Good is based on eligibility and compliance in accordance with these Terms and Conditions as determined by Dental One in its absolute discretion.
18. Dental One will notify Applicants via email to the individual nominated on the application form whether their application has been successful or not.
19. If an Applicant believes that their application has been unfairly assessed, they may submit an enquiry to info@dental1.com.au and ask for their application to be re-assessed. Once this has occurred, the decision by Dental One Support Office is final and no further correspondence will be entered into.
20. Approval of an application does not guarantee participation in Teeth For Good in any particular Dental One Clinic in any particular month, which will be determined by Dental One in its absolute discretion. Due to the volume of applications received, Dental One will select Local Community Groups and Local Community Projects that it considers best suited to the Teeth For Good program from amongst the approved applications to participate in Teeth For Good.
21. Approved applications will be placed in a pool for selection by the relevant Dental One Clinic for a forthcoming month and may not necessary be selected in the same order in which applications are received or approved. If the application included an expiry date and the application is not selected before the expiry date, it will be removed from the selection pool and the Applicant may choose to apply again in the future if they wish.
Participation
22. Each calendar month, each Dental One Clinic will select three (3) approved Local Community Groups to participate in Teeth For Good. Each Local Community Group will be notified by email.
23. Each Dental One Clinic will have three (3) jars on display, each representing one of the selected Local Community Groups (or their nominated Local Community Project). Each jar will have a label identifying the Local Community Group or Local Community Project (as the case may be) and a Blurb based on the information provided in the successful application. Dental One reserves the right to edit the details and Blurb for the label.
24. When a customer purchases a main item (that is, a burger, sliders, salad or steak sandwich, including “mini me” packs, ) from a Dental One Clinic, they are given a token and invited to place the token in one of the jars on display to support the Local Community Group or Local Community Project of their choice.
25. At the end of each calendar month, each Dental One Clinic will count up the tokens in each jar. Based on this, a total of $500 donated by each Dental One Clinic each month will be distributed as follows:
(a) The Local Community Group represented by the jar in each Dental One Clinic that has the most tokens will be awarded 1st place and receive a $300 donation, and the remaining two Local Community Groups that place 2nd and 3rd will each be given a $100 donation;
(b) In the event of a tie between two Local Community Groups for 1st place, each of those tied Local Community Groups will receive $200 and the third Local Community Group will receive $100;
(c) In the event of a tie between all three Local Community Groups for 1st place, the $500 total will be split evenly with each Local Community Group receiving $166.66.
26. Each participating Local Community Group will be notified of the outcome by email after the tokens have been counted at the end of the month. Results on the placings will also be displayed on a “Last Month’s Winners” card at the relevant Dental One Clinic the following month.
27. In the case of a newly opened Dental One Clinic that commences participation in Teeth For Good after the 1st of the month, the Dental One Clinic may decide to roll over the selected Local Community Groups to the end of the following calendar month to ensure they receive a minimum period of a full calendar month, in which case the total amount donated will remain $500 as set out in clause 26 above.
Donations
28. Donations will be made in the form of a cheque payable to the Local Community Group based on the details set out in the application form.
29. Cheques will be available for collection from the relevant Dental One Clinic up to three (3) weeks after the end of the calendar month they participated in. Cheques will not be posted. It is the responsibility of each Local Community Group to collect the cheque from the Dental One Clinic within six (6) months from the end of the calendar month they participated in.
30. Unbanked and unclaimed cheques will expire twelve (12) months from the date of issue.
31. If a Local Community Group does not collect their cheque from the Dental One Clinic they participated in within six (6) months from the end of the calendar month they participated in, but it is less than twelve (12) months since participation, the Local Community Group will need to submit a request to claim their donation to info@dental1.com.au.
32. Dental One has a preference to pay donations by cheque and will not make payments to individuals. If a Local Community Group requests that the donation be paid by another method, Dental One will consider the request in its absolute discretion on a case-by-case basis.
33. In the event that a cheque has not been claimed or banked by a Local Community Group before it expires, Dental One will elect a Local Community Group to donate the expired funds to in Dental One’s absolute discretion.
Communications
34. Applicants agree that the individual nominated on the application form will be sent email communications on behalf of the Applicant regarding the progress of their application, participation in the Teeth For Good program and collection of the donation cheque. That individual also agrees to be the primary point of contact for the Applicant and may be contacted by Dental One via the email address or phone number provided.
Privacy
35. All applications become the property of Dental One. Dental One collects personal information in order to conduct Teeth For Good and may, for this purpose, disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and regulatory authorities. Participation is conditional on providing this information.
37. Unless you opt out on the application form, Dental One may use the information provided for an indefinite period for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning the Applicant.
General
39. Information on how to participate in Teeth For Good and the rewards available form part of these Terms and Conditions. Participation in or registration for Teeth For Good is deemed acceptance of these Terms and Conditions.
40. Dental One reserves the right, at any time, to verify the validity of applications and Applicants (including an Applicant’s identity and eligibility) and to disqualify any Applicant who submits an application that is not in accordance with these Terms and Conditions or who interferes with the application or review processes. Errors and omissions may be accepted at Dental One’s discretion. Failure by Dental One to enforce any of its rights at any stage does not constitute a waiver of those rights.
41. If there is a dispute as to the identity of an Applicant, Dental One reserves the right, in its sole discretion, to determine the identity of the Applicant.
42. Applicant license and grant Dental One, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display the name of the Local Community Group, the name of the Local Community Projects (if applicable) and the Blurb (collectively, “Content”) for any purpose in any media, without compensation, restriction on use, attribution or liability. The Applicant licenses Dental One to use the Content in any media for an unlimited period for any reason including but not limited to in conjunction with Teeth For Good and for future promotional, marketing or publicity purposes. The Applicant consents to any use of the Content which might otherwise infringe their moral rights pursuant to the Copyright Act 1968 (Cth). Dental One may edit, remove or refuse to publish any Content without notice for any reason whatsoever. Applicants agree not to assert any moral rights in relation to such use and warrant that they have the full authority to grant these rights. Applicants warrant and agree that:
(a) the Content is an original literary work of the Applicant that does not infringe the rights of any third party;
(b) they will not submit any Content that is unlawful, fraudulent, inappropriate, objectionable or unacceptable;
(c) they will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;
(d) they are fully responsible for the Content they submit in their application;
(e) if the application is submitted online, the Content will not contain viruses or cause injury or harm to any person or entity;
(f) they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.
Without limiting any other terms herein, the Applicant agrees to indemnify Dental One from and against all costs and claims by third parties arising from a breach of this warranty.
43. The Applicant consents to Dental One using their name, likeness, image and/or voice (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting Teeth For Good (including any outcome) and promoting Dental One.
44. The use of any means to disrupt or interfere with the integrity of the voting system is strictly prohibited and may result in any Local Community Group that Dental One reasonably believes is involved to be disqualified from further participation or receiving any donation.
45. Any cost associated with accessing the website is the Applicant’s responsibility and is dependent on the Internet service provider used.
46. Liability for any tax arising out of participation in Teeth For Good is the sole responsibility of the Applicant. Applicants should seek independent financial advice in this regard.
47. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the Australian Securities and Investments Commission Act 2001 (Cth) or similar consumer protection laws in the states and territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Dental One (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
48. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, Dental One (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of:
(a) any technical difficulties or equipment malfunction (whether or not under Dental One’s control);
(b) any theft, unauthorised access or third party interference;
(c) any application or claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by Dental One) due to any reason beyond the reasonable control of Dental One;
(d) any tax liability incurred by a participant.
49. Dental One reserves the right, in its absolute discretion, to modify, suspend, terminate or cancel the Teeth For Good program.
50. Dental One’s decisions in relation to all aspects of Teeth For Good are final and no correspondence will be entered into.