EASY DENTAL TERMS

These terms replace the previous version of our terms of use as at 07 February 2020 and apply to our relationship with you, your Account and your use of Easy Dental and the Services from this date.

WELCOME TO EASY DENTAL

These are the Easy Dental Terms (Terms). In these Terms we, us and our means Easy Dental Limited, and you and your means you - our customer - who signs up to an Easy Dental account (Account) or uses Easy Dental in any way.

These Terms govern your use of Easy Dental and our relationship with you. When you create an Account you accept these Terms.

Easy Dental facilitates dental services with participating Easy Dental Providers (Easy Dental Providers) and other dental benefits on a subscription basis. Easy Dental Standard is the base subscription (Easy Dental Standard). Easy Dental Premium is an add-on to Easy Dental Standard (Easy Dental Premium). These are individually described in more detail below.

In these Terms, Services means the services provided by Easy Dental to facilitate the benefits available through Easy Dental Standard and Easy Dental Premium including the website and user interfaces, as well as all software associated with such services. Subscription means your 12 month subscription for Easy Dental Standard and if applicable includes any add-on like Easy Dental Premium and any renewals of that term.

These Terms apply while we provide the Services to you. Please note that your visits to any participating Easy Dental Providers and the dental services provided by them are subject to those Easy Dental Providers’ terms and conditions and not these Terms. Easy Dental is not responsible for the dental services provided by those Easy Dental Providers.

SERVICES

To sign up to Easy Dental Services, you must be located in New Zealand, be 18 years of age or older, have a valid and current email address, and comply with these Terms.

We will endeavour to provide our Services to you with reasonable care and skill. We cannot represent or guarantee the Services will be: (a) interruption or fault free, or that any faults or errors will be able to be corrected; (b) available at any particular time or location; (c) available, or available without change, for any minimum period of time; (d) secure or private.

We will always try to restore any Service outage within our control as soon as we reasonably can.

Using our Services does not give you any rights to any part of our Services except as otherwise expressly provided in these Terms. We do not represent or guarantee that all items forming part of our Services will be accessible via our User Portal.

EASY DENTAL STANDARD

Easy Dental Standard is a subscription service that allows you to access Easy Dental Providers for basic dental care with payment staged over the term of your Subscription.

The minimum term for an Easy Dental Standard Subscription is 12 months. When you sign-up to an Easy Dental Standard Subscription you commit to a 12 month term.

During the 12 month term, the Easy Dental Standard Subscription entitles you to the following benefits:

• one full dental check-up examination and screening by an Easy Dental Provider;
• two diagnostic x-rays in the check-up session with an Easy Dental Provider;
• one comprehensive 45-minutes hygiene visit with an Easy Dental Provider; and
• four oral health maintenance care kits delivered quarterly to the postal address you have provided us. (the Easy Dental Standard Benefits).

Easy Dental Standard Benefits only become available to you after the first 90 days of the start date of your Easy Dental Standard Subscription.

Any unused Easy Dental Standard Benefits not used during the 12 month period will not roll over past the Subscription term. It is your sole responsibility to ensure that you have made full use of the Easy Dental Standard Benefits before the expiry of the 12 month term.

Your Easy Dental Standard Subscription will automatically renew for an additional 12 months effective at the 12 month anniversary date of your current Subscription. If you do not want to commit to an additional 12 month Easy Dental Standard Subscription then it is important that you let us know in writing before your current Subscription expires but in any event no later than 14 days after such expiry date.

You may end your Easy Dental Standard Subscription at any time through the Easy Dental website. If you end your Subscription in this way, you are cancelling the automatic renewal effective at the 12 month anniversary date of the then current 12 month term. You will remain responsible for your current Subscription term. Easy Dental will not provide any refunds for Subscriptions that are ended early for any reason, regardless of whether you have used any of the Easy Dental Standard Benefits.

You will also become liable for the immediate payment of the outstanding balance of any charges for your current Subscription term which would otherwise have been payable by you by regular payments had you not ended your Subscription. 

When you end your Subscription then, provided you are not in breach of these Terms (e.g. you have satisfied your payment obligations), your Account will remain active so you can access your remaining entitlements for the balance of your 12 month Subscription period. Once your 12 month Subscription period expires the Easy Dental Standard Benefits will cease to be available to you.

EASY DENTAL PREMIUM

Easy Dental Premium is an add-on to Easy Dental Standard. With Easy Dental Premium, if your employer is a participating employer, your employer can agree to make contributions to your Account to be applied towards your costs of any future dental treatment that is not already included in the Easy Dental Standard Benefits (Employer Contributions).

Employer Contributions under the Easy Dental Premium: (a) can only be used if you have a current Easy Dental Standard Subscription and you have complied with your responsibilities under these Terms; (b) will expire on termination of your employment for any reason; (c) cannot be withdrawn or used for any other purpose other than towards the costs of dental treatment by Easy Dental Providers; (d) are personal to you and cannot be transferred to another person; and (d) are non-refundable.

YOUR ACCOUNT

Accounts

You need to create an Account to access the Services.

To create an Account, you must enter your name and email address and create a password. You may be required to provide other details such as your credit card details.

The email you enter must be valid and accessible by you. Easy Dental will communicate with you to the email address registered to the Account. You’re responsible for ensuring the email address is current.

If we have reason to suspect that you are in breach of these Terms or there has been unauthorised access to your Account, we reserve the right to immediately terminate, cancel or suspend your Account and revoke your access to Services.

Your Account details are stored in our system. If you choose to stop receiving Services and want your Account details deleted, please send a request to hello@easydental.co.nz.

FEES

Unless otherwise agreed, you must register a valid debit/credit card to your Account: (a) to start free trials; or (b) to set up or renew a Subscription. You authorise us to process a $.0.01 test transaction to validate your debit/credit card details the first time you provide us with new debit/credit card details.

The Subscription fees (Fees) are notified on the Easy Dental website from time to time.

You agree to pay the Fees by regular payments at the frequency selected by you during the sign-up process (e.g. weekly/monthly/annually) to the debit/credit card registered to your Account.

If we do not receive payment of any Fees from you by the due date then we will notify you via email and suspend the Easy Dental Standard Benefits until all amounts owing to us under these Terms have been paid.

If payment of any amounts owing to us has not been made within 14 days after the date the payment was due then the full amount of the Fees remaining for the balance of you Subscription will become due immediately and you authorise us to charge such amount to the debit/credit card registered to your Account.

We may charge default interest of up to 10% per annum compounding monthly on all amounts that are not paid on time. If any amount that is owed by you continues to remain unpaid then we may also take action to recover that amount and charge you the actual costs incurred in doing so.

Your Subscription will automatically renew for the next 12 months unless you notify us in writing before the expiry of the then current 12 month term. If we do not receive ongoing payment of any Fees from you after an automatic renewal then we will notify you via email and suspend the Easy Dental Standard Benefits until all amounts owing to us under these Terms have been paid.

PROMOTIONS

Promotion eligibility is determined by Easy Dental at its sole discretion and we may limit eligibility to prevent promotion abuse. Existing or recent Easy Dental customers are not eligible. We may use information such as device ID, method of payment, or an account email address used with an existing or recent Easy Dental account to determine eligibility. For combinations with other offers, restrictions may apply.

If you have accepted a promotional Easy Dental Standard Subscription, these Services will automatically renew after the expiry of the promotional period, unless you decide to end your Subscription before the expiry date.

USAGE RULES

Data Usage

You are responsible for all your own internet service charges and Easy Dental accepts no responsibility for any charges arising from any data usage or internet charges incurred by using our Services.

Intellectual Property

We (and other service providers who work with us) own or are licensed to use intellectual property rights in all subscription, graphics, text, audio/video clips, data compilations. digital downloads, logos, trade marks, photographs, images, tools, software, personal identifiers and anything else we use or make available to you in connection with our Services (together the Works) These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain in Easy Dental and/or our providers. You acknowledge such title, interest and rights in these Works and will not take any action to jeopardise, limit or interfere in any manner with Easy Dental’s or our providers’ title, interests or rights in these Works with respect to the Services, including, but not limited to, the unauthorised use of any Subscription, or Easy Dental’s trademarks or trade name or use in any manner that is inconsistent with the rights of Easy Dental and/or our Service providers.

Easy Dental does not claim ownership of any content or material you provide (Customer Material). However, by placing any Customer Material on our websites or systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Easy Dental a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy sub-licence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display the Customer Material.

Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you first agree to the licence agreement terms, which agreement will be deemed to be given if you use the software.

For any software not accompanied by a licence agreement, Easy Dental hereby grants to you a revocable personal, non-transferable licence to use the software for viewing and otherwise using the particular Service in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited.

Easy Dental reserves the right to take all steps necessary to prevent the unauthorised distribution, copying, reproduction, broadcasting or communication of the Works or your breach of any other obligations under these Terms. Copyright and Related Exclusions.

To the fullest extent permitted by law, you agree that Easy Dental will not be responsible for any copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of our Services or our websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights relating to or in connection with our provision of the Services. You also agree that Easy Dental is not responsible for any content (including the Subscription) sent using, or included in, our Services or websites by any third party.

MAKING CHANGES

Changes to Terms: From time to time we may need to change these Terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. If we determine, acting reasonably and in good faith, that a change will have, or is likely to have a detrimental impact on you, we will give you at least two weeks’ notice of the change. We will tell you about any changes to the terms of this Agreement by emailing you, and will publish the change on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes.

Changes to Charges: We may change our Charges from time to time. When we increase charges for any Services we may make the change immediately and we will tell you about the change as soon as possible after the change has been made by emailing you, and/or publishing the change on our website. When we increase Charges for any of our Services (including introducing charges for Services that are currently free) and you are impacted by the change, we will give you one month’s notice of these changes. We will notify you of these changes by emailing you, and/or publishing the change on our website.

Changes to Services: We may alter our Services from time to time. If we reasonably consider that a change to our Services is likely to benefit you or have a neutral impact on you we may make that change immediately and will tell you about the change as soon as possible after the change has been made by emailing you, and publishing the change on our website. Examples of changes that will benefit you include inclusion of additional types of Benefits to the Services at no extra charge. Examples of changes that will have a neutral impact include changing the name of Services.

If we alter our Services in a way that reduces the Service offering currently received by you and the change is within our control we will provide you one month’s notice, of such alterations. However, if the change is outside of our control, and it is possible, we will provide you notice of the change beforehand. If the change is outside of our control and we are unable to provide you notice of the change beforehand, we will provide you notice as soon as possible after the change has been made. We will tell you about any such alterations by emailing you, and publishing the change on our website.

We may change you to new Services if we consider, acting reasonably and in good faith, that you will be better off, and will give you one month’s notice of such a change by emailing you, and publishing the change on our website.

Right to Terminate: If you do not agree to any changes made in accordance with this section, you may exercise your right to terminate this Agreement and/or your Account providing that your disagreement is within reason.

INFORMATION ABOUT YOU

Collection of Information

While you have an agreement with Easy Dental or any of our related companies (as defined in section 2(3) Companies Act 1993), you agree that Easy Dental and other agents and service providers approved by us may collect personal information about you. Where possible the information will be obtained directly from you, but otherwise it may be provided to us by others (with your consent) or generated when you or anyone else uses our Services or the services of any service provider approved by us. You may decline to provide any information any of us request from you. However, if you do not provide it, we and other Easy Dental companies may not be able to provide our Services to you. You may ask to see personal information that we or any other Easy Dental company holds about you and ask for any details that are wrong to be corrected.

Holding and Using Information

We, or our related companies, and, to the extent appropriate, any agents and service providers approved by us, may hold the information and share it with each other, with Easy Dental employees, contractors and agents, and selected business partners. This enables us and other Easy Dental companies and agencies, including credit reference and debt collection agencies, and any service provider approved by us to provide our Services to you and others, recover and report on money you owe, help prevent and investigate fraud, keep you informed of services available to you and exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, and selected business partners has. Credit reporters may include credit checks, your repayment history and any defaults in payment to Easy Dental and other Easy Dental companies in their databases and share this information with others who wish to conduct credit checks on you.

Without limiting any aforementioned terms, you agree that we and each Easy Dental Provider may collect, retain use and share with each other any personal information about you to the extent reasonably required to enable us to provide our Service to you (including payment of each Easy Dental Provider’s fees to the extent those fees are covered under the Easy Dental Standard Benefits).

From time to time we may send you sales and marketing information about Easy Dental products and services. You can let us know at any time if you do not want to receive sales and marketing information by contacting us.

You also agree that we may collect, retain and use any personal information about you on an anonymous and aggregated basis and you grant us an unrestricted, non-exclusive, perpetual, transferable and royalty free licence to copy, use and disclose that information to any third parties for our business purposes.

Personal information collected in relation to your use of the Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country.

We may disclose information about you or your use of our websites and/or Services without your prior permission if we consider that such action is necessary to: (a) comply with any applicable legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law;(b) protect our rights or property or those of our related companies; (c) enforce these Terms or any specific product terms; (d) act to reasonably protect the interests of our, or our related companies, customers or others; and (e) to the extent required by law, we may also disclose to copyright owners such information relating to your use of Services as may be required for such copyright owners to enforce their rights against you.

The authorities under this section are authorities or consents for the purposes of the Privacy Act 1993.

YOUR RESPONSIBILITIES

General responsibilities

You agree to:

• use the Services for your own personal use, and not for the benefit of any other persons;
• ensure all information you give us is correct and notify us immediately of any changes to your contact details;
• follow the instructions and directions we provide about using the Service and only use it for lawful purposes;
• comply with any directions given to you to process any claims if we reasonably believe it is necessary to do so;
• pay the Charges applicable for the Services;
• use our Services without gaining unauthorised access to or interfering with anyone else’s account;
• use our Services without interfering with anyone else’s use of our Services;
• comply with all applicable laws, regulations, standards and codes when using our Services, including, but not limited to, the Copyright Act 1994, Privacy Act 1993, Fair Trading Act 1986, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights;
• not use the Services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association either by us or by any other third party where you do not have a permission to do so, with any product, service, person or entity;
• make sure everyone who uses the Services we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities;
• be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you or under your Account, including any charges associated with that use and any consequences if such person misuses the Services, breaches these Terms or any other terms we publish in relation to the Services; and
• make sure everyone you are responsible for and who may use or do anything in relation to your Account also meets the responsibilities set out in these Terms.

Account passwords and security

You are responsible for maintaining the confidentiality of any user name, login, password, PIN and other personal identifier used by or allocated to you in connection with your Account. You are also responsible for any and all activities that occur under your Account or through the use of your personal identifier(s).

You also agree to notify us immediately of any actual or suspected unauthorised use of your Account, or personal identifier or other breach of security. However, notice provided by you under this section does not release you from your responsibilities under these Terms.

We will not be liable for any loss that you may incur as a result of someone else using your Account or Sub-Accounts or any personal identifier. However, you could be held liable for losses incurred by Easy Dental or our partners and service providers or another party due to someone else using your Account or any personal identifier.

We retain ownership of all personal identifiers used by or allocated to you, and all rights in them. We may change any personal identifier, for example, by allocating you a new login or password. We will try to notify you of such a change beforehand. You agree to change your password if requested by us.

If we terminate, suspend or disconnect your Account in accordance with these Terms you will not be able to use the Services, and are not entitled to a refund of any pre-payments or credit remaining on the Account.

Dental service

You agree that:

• although during the initial stage of the sign up process we may let you know when there’s no available Easy Dental Providers in your area, it is your responsibility to assess whether there are any suitable Easy Dental Providers available near your place of residence before committing to a Subscription;
• we make no guarantee that any existing Easy Dental Provider will remain a participating dental service provider;
• you will rely on your own judgement when considering to engage any particular Easy Dental Provider and not in reliance on any recommendation or representation by us. We give no warranties, representations or guarantees regarding any Easy Dental Providers or the dental services provided by any Easy Dental Providers;
• we have no responsibility or liability to you for the provision of any dental services by any Easy Dental Provider or any associated risks or delays;
• you will comply with all terms of services that apply to any dental services provided to you by any Easy Dental Provider. That includes all fees not otherwise covered by your Easy Dental Standard Subscription; and
• if any dental services provided to you by any Easy Dental Provider do not meet your expectations and/or satisfaction, you need to contact your Easy Dental Provider, rather than us, about the problem.

CONSUMER PROTECTION LEGISLATION AND LIABILITY

As a consumer, it is important that you understand that any rights you may have, or obligations we may have to you, under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside these Terms, and are not impacted by anything in these terms. The website www.consumeraffairs.govt.nz is a useful place to visit to help you understand your rights under this legislation.

If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this Agreement.

Your liability to us: (a) you accept your liability to us for breach of contract or negligence; and (b) you are not liable for any loss to the extent that it is caused by us (for example, through our breach of contract or negligence).

We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, business or anticipated business or anticipated profits or savings under any cause of action arising under or in connection with our Services to you.

You may become aware that you have suffered loss before we do. If you suffer any loss as a result of this agreement, you agree to take reasonable steps to avoid or minimise your loss and that we are not liable for any loss that results from your failure to take reasonable steps to do so.

We aim to provide quality services to you at all times, and exercise reasonable skill and care in performing our obligations to you. However, if we are prevented from performing any obligation in these Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we will try to advise you of the existence of the circumstances and its expected duration, and the obligations that are impacted by the circumstances. Our performance of these Terms and provision of Services to you will, to the extent that it is made impossible or impracticable by such circumstances (despite us taking reasonable steps to provide the Services) shall be suspended until such circumstances cease to exist. We are not liable to you for any failure or delay in performing any obligation set out in these Terms in the circumstances contemplated herein.

Neither Easy Dental and/or its related companies, Easy Dental Providers and/or any third party (including their directors, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Services.

If we or any of the other parties listed above are ever liable to you for any reason, the maximum combined amount we and all the other parties listed above (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be: (a) $100 for any event or for any series of related events; and (b). a total of $300 in respect of all events in any 12 month period, provided that you notify us of your claim within 3 months after you reasonably became aware of the occurrence of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

You indemnify Easy Dental and/or its related companies and their respective directors, employees, contractors and agents, from and against any loss, damage, liability, costs or expenses (including legal expenses) suffered or incurred by Easy Dental and/or its related companies and their respective directors, employees, contractors and agents that is directly or indirectly caused by any breach by you of these Terms.

ASSIGNMENT

We may assign your Account, the provision of the Services and/or all our rights and/ or obligations to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale.

Your Account and you rights and obligations under these Terms are personal to you and may not be assigned, transferred, or otherwise dealt with without first obtaining our written consent (which may be given or withheld at our discretion). You will remain liable for your obligations under these Terms despite any approved assignment or transfer.

WITHHOLDING, SUSPENDING OR RESTRICTING SERVICES

In addition to our other rights under these Terms, we may withhold, suspend, terminate or restrict your use of any or all of the Services without warning if: (a) you or anyone who uses your Account does not comply with these Terms or any other terms we publish in relation to the Services (including non-payment of any Charges by the due date); (b) you harass, abuse or threaten our staff; or any Easy Dental Providers or their staff; or (c) your use of the Services puts us at risks of infringing our arrangements and agreements with third parties.

We may also suspend your use of the Services without warning if our Services need urgent maintenance or upgrading.base In addition to other rights in these Terms, Easy Dental may end your Subscription with a minimum of one month notice at any time.

On ending any Service, we will cease providing the relevant Service or Services and we may retain some information, data or other material that we hold in relation to your use of the Service or Services, including personal information, provided that this complies with the Privacy Act 1993. We may reallocate any personal identifier to another customer.

If this Agreement ends for any reason it does not affect any rights and responsibilities which are intended to continue or come into force afterwards.

GENERAL

We may have any of our related companies or Easy Dental approved agents perform our obligations under these Terms or any specific product terms.

Any benefits expressly conferred on any third parties named or referred to in these Terms are intended to be enforceable by those third parties for the purposes of section 12 of the Contract and Commercial Law Act 2017.

Unless otherwise stated in these Terms, we may exercise our powers or rights at any time without prior notice to you.

The entire obligations of Easy Dental in relation to the subject matter of these Terms are set out in (or are as referenced in) these Terms and you acknowledge that your use of the Services is not in reliance on any conduct, statement, representation or warranty made by Easy Dental, or by any agent of Easy Dental or by any other person not expressly recorded in these Terms or any applicable specific product terms.

The Services are not available for use in locations outside of New Zealand. Accessing your account from outside New Zealand is a breach of these Terms.

New Zealand law governs these Terms, and any other terms that apply to the provision of the Services and the New Zealand courts shall have exclusive jurisdiction over any dispute arising under these Terms.