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Terms & Conditions

Disclaimer

The Doctor and the practice must read and understand the aligners treatment before submitting any case with ClearSmile or its Distributor. Once submitted, the Doctor is deemed to have agreed with all the terms and conditions stated. Our protocol/methods may/will be different from other laboratories. ClearSmile or its Distributor does not provide medical, dental or health care services, does not and cannot practice medicine and dentistry.
ClearSmile is a dental laboratory fabricating products as per the prescription approved by Doctor.
The products fabricated by ClearSmile is the invisible aligners and retainers, which is a tool used by Doctor to apply pressure on teeth in order to straighten them and retain the aligned teeth position.
Doctor and their practice are fully responsible for the treatment outcome of the patient using the products.
ClearSmile provides ‘SmileCheck’, a treatment proposal showing the virtual 3D simulation of teeth movement (from the beginning to the final desired position) for Doctor to approve or feedback if any modification required. Once approved by Doctor, it is considered a prescription authorizing ClearSmile to fabricate aligners.
Final clinical results may vary from the SmileCheck proposal, due to reasons such as the uniqueness of patients (skeletal or dental, age, races, etc), patient compliance, etc. ClearSmile or its Distributor does not provide any warranties or guarantees regarding any treatment or treatment outcomes. Doctor’s treatment & clinical monitoring on each step and interception to correct any ill-fittings are vital for the success of the treatment.
Doctor is under no obligation to adopt any advice, comments, protocols provided by ClearSmile or its Distributor consultants in relation to the treatment to patients. Doctor should decide based on their own professional judgement within their own capability on making the final decision on whether and how to proceed to treat the patient.
It is at Doctors’ risk in requesting third party service providers (engaged by Doctor) to assist on the treatment planning.
The objective of the reasonable number of Additional Aligner request and Unlimited Claims Program for Refinement (Apply to Package Pricing ONLY) and, is to minimise the cost of Doctor while increase the success rate of practising aligners treatment. This program is at the costs of ClearSmile or its Distributor hence we reserve the right for the final decision of the claims, and Doctor should have no dispute on whatsoever with regards to the claims. The terms and conditions and validity of this Program are available on web system and are subject to change without any prior notice from ClearSmile or its Distributor. Doctor should also keep the patient informed about this Program so that patient could collaborate with Doctor to achieve the goal without incurring any additional cost.
If due to any reasons the Doctor is unable to continue/provide the treatment, ClearSmile or its Distributor would assist to refer the case to another panel doctor provided the additional cost incurred will be bourned by the 1^st Doctor with the Patient’s consent to transfer.

Important Terms & Conditions

The Doctor and the practice must read and understand the aligners treatment before submitting case with ClearSmile or its Distributor. Once submitted & approved, Doctor is not allowed to cancel the case and any claims for refunds will not be entertained.
Impressions that do not register at least 3mm extension all round and the distal of the last teeth will be rejected. If Doctor insists to proceed with the use of the said impression will be at risk of possible unsuccessful treatment and incurring additional costs.
Extraction and/or distalization case includes all cases that require closing of gaps notwithstanding if extraction is done before or after case submission.
ClearSmile recommends Doctor delays the extraction of any teeth until approval of treatment proposal or when receiving or about to receive the aligners.
Additional Aligner request and Refinement(s) claims will be void if the aligners have been misused, modified or have been used in combination with any third party products which would affect the ultimate treatment goal to be achieved.
Doctor’s treatment & clinical monitoring is very important to ensure each step is well-fitted and reaches the desired position before moving to the next step. In order to qualify for the Refinement claim, Doctor MUST submit 8 standard photos of the first 5 steps’ review with aligners well-fitted on patient’s teeth, each step of the review with an interval of 3 to 4 weeks.
Any monies paid in advance to ClearSmile or its Distributor for aligner treatment, retainer, refinement, additional aligners are non-refundable.
Current prices for Products and Services are available on web system and are subject to change without any prior notice from ClearSmile or its Distributor.
Doctor shall obtain consent from patients on using their information of the treatment to share for any professional discussions organised by ClearSmile or its Distributor. Doctor acknowledges that this participation is only for professional & educational development and shall not be used for any other purpose.
The Doctor must manage their Patients’ expectations on the timing of their ClearSmile treatment, particularly where delays/failure to act are caused by the Doctor.

In ClearSmile and its Distributor, we are committed to a trust based cooperation with all parties whom we deal with such as our clients, doctors, advisers and employees. Keeping information in particular personal information secure is an aspect of this trust which we take seriously.

ClearSmile and its Distributor are subject to data protection principles under Malaysia’s Personal Data Protection Act 2012 and Personal Data Protection Act 2010 (“the Act”) respectively and this notice is intended to outline how we intend to keep secure the personal data of `individuals (“data subjects”) and to ensure that the rights of data subjects are protected.

In this policy, we seek to inform data subjects of the purpose for which their personal data is collected and processed and the data subject’s right to access or refuse to provide such personal data.

Refund Policy
There will be no refunds for any cancellation after the order have been confirmed, approved and payment made through the web-system as a large portion of the order involves operational/manpower services that cannot be refunded. In addition, each design is customized uniquely to each individual patient and could not be used for another patient.

Notice and Choice
Please be aware that you have the right to make a choice not to provide your personal data and may revoke your consent to the collection and processing of personal data. Please however be aware that certain services we provide and the continuation thereof may require the processing of such data.

General Information on Processing of Personal Data
This data protection statement applies to data, including personal data which ClearSmile or its Distributor collects about a data subject. Personal data may be individual data or source or from a combination of individual data by which data subject can be identified.
The process by which we gather, process and use is in compliance with the Act.

Categories of personal data we collect and hold
The nature and type of data we collect and the source of such data varies depending on the nature of the relationship we have with the data subject and may include:

personal data which we collect from our website, if such data has been voluntarily provider or where such data is required for the purposes of providing the service which a data subject requires
personal data which we collect on e-forms or other information forms such as patient name and records, address, email, telephone, age and so on.

Purpose of collecting personal data
Personal data is used to provide products and services and to inform about products and services offered by ClearSmile or its Distributor may include:

for the purposes of technical administration of our website
statistical analysis
developing new products and services
registration for programs or offers upon your request
providing services offered to you
payment processing for purchases
protection against or identifying possible fraudulent transactions,
where permitted by law, to supply customized, unsolicited offers and information about ClearSmile or its Distributor and services
developing and providing advertising adapted to our customers
profiling and determining service preferences
finance and marketing operations and/or as required by the terms and conditions of business and other business administration purposes including credit monitoring and control purposes
to meet regulatory and legal requirements
for risk management
for all other purposes incidental and associated with the above.

Disclosure of Personal Data
Personal Data will be kept confidential but may be disclosed to the following categories of parties for the purposes set out:

to any ClearSmile companies or its Distributor
to our advisers, including consultants, advocates and solicitors for purposes of determining our rights and enforcing any agreement with data subjects
any agent, contractor or service provider to whom we may have outsourced services to, subject always that such parties acknowledge the confidentiality and rights of the data user and to comply with the provisions of the Act
to regulatory authorities or notified bodies including bodies providing quality certification of our products upon their request
to such other parties as may be permitted under the respective country.

Data Subject’s Rights
Under the Act, a data subject has the right to access personal data which an organization holds about the data subject. At a data user’s request, we will inform you in writing and in accordance with applicable law, whether we have stored any personal data and if so, the data.
Data users have a right to correct and block such personal data. Data users may also withdraw consent to the processing and storage of personal data, if not needed for legal reasons or for processing and existing contractual relationship. Data may also be deleted if such data is no longer subject to retention policies. In order to assist us in validating the identity of any person requiring access, we will ask for verification documents to substantiate identity.

Protection of minors
As a general rule, children and persons under the age of 18 years should not disclose personal data to us without the consent of their parents or guardians. We do not solicit personal data from children and we do not knowingly collect personal data from children, use said data in any way or disclose said data to third parties without authorization.

Transmission of data over the Internet
The Internet is a global platform. By using our websites, or communicating with us electronically via contact forms, you agree to the unencrypted transfer of all data that you want to send us. Due to the nature of operations on the Internet, and the inherent systemic risks, all data transfers initiated by you occur at your own risk. The only exception to this is if we offer you an encrypted transmission path.

Security measures
We have taken extensive precautions to ensure the security of your data. Your personal data, as stored by us, which you for example have entered on HTML pages (contact forms), are transferred in an encrypted format (SSL – Secure Socket Layer) over the public data network to our Internet service provider, from there to the respective data processing systems of the ClearSmile or its Distributor responsible for the triggered transactions, or to the appropriate contractual partners of ClearSmile and are placed into storage.

Links
This data protection policy applies to all data gathered and processed by ClearSmile or its Distributor. In rare cases, the ClearSmile or its Distributor Internet sites link directly to the websites of another party, for which the respective party itself is then responsible. However, any switching of this kind to external websites will be clearly announced to you in advance. We accept no responsibility for the handling of your data by the operators of other websites. When you exit ClearSmile or its Distributor Internet sites, we therefore recommend that you ask all operators of the linked websites for their data protection policies.

Cookies and e-tracker
Cookies are small text files stored locally by the site visitor’s web browser. Cookies are a common feature on almost all websites; they enable us to make our Internet site as convenient as possible for you to use. If you reject the use of cookies (this is an optional setting in your browser), you can still use our website (although some restrictions might apply). Cookies, which collect and store data exclusively in pseudonymous form, may be utilized for this purpose. Based on this data, usage profiles are creased under a pseudonym. The data are not used to personally identify any visitor to this website and are not merged with the data relating to the holder of the pseudonym. You can object to this data being collected and stored at any time; this objection will then continue to apply in the future.