Website Terms and Conditions

1. About the Platform and Acceptance of Terms

1.1 Entity Information and Scope of Service

These terms and conditions (these Terms) govern the access to, browsing of, and use of the digital platform accessible via [1] (the Platform), operated by Holistic Smiles Kids Pty Ltd (ABN 41 699 123 138) (referred to as Holistic Smiles Kids, we, us, or our). Holistic Smiles Kids provides an Australian digital paediatric health and education interface, comprising a preliminary online screening assessment, educational resources, and a virtual airway and pre-orthodontic orofacial myology program specifically designed for children aged three (3) to twelve (12) years (the Program).

The Platform provides digital tools, interactive myofunctional exercise modules, habit-correction guides, remote progress tracking, and administrative communication infrastructure designed to support, complement, and coordinate with direct paediatric dental care. The Platform and its virtual workflows are designed to assist registered dental practitioners in facilitating early interceptive orofacial myology and airway guidance. The Platform does not replace comprehensive, direct, face-to-face clinical dentistry or definitive diagnosis. All independent clinical evaluations, diagnostic determinations, prescriptions of custom oral appliances, and formal treatment decisions are made solely by registered dentists exercising independent clinical discretion. These Terms constitute a binding legal agreement between Holistic Smiles Kids and any parent, legal guardian, or authorised individual who accesses, browses, creates an account on, or registers a child through the Platform (referred to as you, your, or the User).

1.2 Acceptance and Contractual Formation

By accessing, browsing, registering an account, completing an online questionnaire, uploading any photographic or developmental information, booking an assessment, or remitting any payment through the Platform, you acknowledge that you have read, understood, and agree to be bound unconditionally by these Terms in their entirety. Contractual formation occurs immediately upon the earlier of your affirmative digital acknowledgement (including checking any digital acceptance box, clicking "I Agree", "Submit", "Complete Registerment", or similar prompts), your account creation, or your remittance of any deposit or Program fee.

If you do not agree with these Terms, please immediately cease accessing the Platform. These Terms must be read in conjunction with our Privacy Policy, which sets out our mandatory protocols regarding the collection, handling, storage, use, and disclosure of personal, sensitive, and paediatric health information. Where you register a child in the Program, these Terms operate concurrently with any clinical consent documentation, patient agreements, or financial schedules provided prior to or during the in-person clinical examination.

1.3 Updates and Variations to Terms

We reserve the right to review, amend, update, or replace these Terms from time to time to reflect changes in our operational procedures, technological enhancements, clinical workflows, legal or regulatory requirements, or administrative policies. Where an amendment constitutes a material change that directly and substantively affects an active, ongoing Program registerment, we will provide you with at least thirty (30) days' prior written notice.

2. Eligibility, Parental Responsibility, and Account Administration

2.1 Eligibility and Legal Capacity to Contract

The Platform and its associated Programs are available exclusively to individuals who possess the legal capacity to enter into binding legal contracts under Australian law. To browse the Platform, create an account, complete an online screening questionnaire, or register a child, you must:

• be at least eighteen (18) years of age;
• be a permanent resident of or currently residing in Australia;
• possess full legal capacity to enter into binding contractual commitments on your own behalf and on behalf of the child being registerled; and
• act exclusively as the parent or legally appointed guardian of the child whose personal and health data you submit.

Minors (individuals aged under eighteen (18) years) are strictly prohibited from independently creating accounts, accessing interactive features, completing assessments, or attempting to register in any clinical or educational pathway. We reserve the absolute right to verify your identity, age, and Australian residency status, and to refuse or revoke access where eligibility criteria are not satisfied to our reasonable satisfaction.

2.2 Parental Responsibility and Minors

By creating an account, completing an online questionnaire, or registerling a child aged three (3) to twelve (12) years through the Platform, you expressly represent and warrant that you hold lawful parental responsibility, legal guardianship, or full legal authority under applicable Australian family law principles to make healthcare, dental, and developmental decisions on behalf of that child. You confirm that your consent to digital screening, data submission, clinical review, photographic evaluation, and Program registration is lawful, valid, and legally effective.

Where parental responsibility for a child is shared between parents or legal guardians, you warrant that you are legally authorised to bind both guardians to this agreement, that you have consulted with and obtained all necessary consents from any other person holding parental responsibility, and that no parenting plan, court order, injunction, or dispute restricts or conflicts with your unilateral authority to engage our services for the child. You must notify us immediately in writing of any change, modification, dispute, or court proceeding that affects your parental responsibility, guardianship status, or authority to consent to health and dental interventions for the child.

You agree to indemnify, defend, and hold harmless Holistic Smiles Kids, its directors, officers, employees, agents, and affiliated registered clinicians from and against any claims, proceedings, disputes, liabilities, demands, or costs (including full legal costs on an indemnity basis) asserted by any third party (including another parent, guardian, or legal representative) arising out of or related to your lack of lawful authority, misrepresentation of parental status, or breach of parental consent warranties.

2.3 Account Creation and Security Obligations

To access Program modules, complete health screening forms, upload developmental imagery, or book consultations, you must establish an account on the Platform by providing true, accurate, current, and complete personal registration details, including your full legal name, residential address, active contact telephone number, valid email address, and specific identifying details regarding the child.

You are solely responsible for maintaining the strict confidentiality and security of your account credentials, including your username, password, multi-factor authentication tokens, and any associated access codes. You agree not to disclose, share, transfer, or assign your account details to any third party, family acquaintance, or external household. You accept full legal and financial responsibility for all activities, instructions, bookings, payments, and data submissions executed under your account credentials, whether authorised by you or not, except where an unauthorised compromise arises directly from our established administrative negligence.

You must notify Holistic Smiles Kids immediately in writing at hello@holisticsmileskids.com.au if you become aware of, or reasonably suspect, any unauthorised access to, use of, or compromise of your login credentials, or any other security breach affecting the Platform. Upon receipt of such notification, we reserve the right to suspend or reset your account credentials to preserve data security and clinical integrity.

2.4 Accuracy of Submitted Health Information

Appropriate paediatric airway and orofacial myology screening relies entirely upon the absolute truthfulness, completeness, and clinical accuracy of the information you provide. You warrant that all health questionnaires, developmental profiles, medical histories, dental records, descriptions of oral habits (such as mouth breathing, thumb sucking, tongue thrusting, or snoring), and photographic or video materials submitted via the Platform are accurate, current, complete, and unmanipulated in all respects.

You must provide continuous, prompt updates to Holistic Smiles Kids and the supervising registered dental practitioners regarding any changes in your child's physical health, medical status, surgical history, dental trauma, emerging allergies, medications, or newly diagnosed physiological conditions throughout the duration of your engagement with the Platform. You expressly acknowledge and agree that:

• omitting, misstating, or falsifying information regarding a child's medical or dental history may lead to inappropriate screening recommendations, clinical contraindications, or ineffective appliance guidance; and
• to the maximum extent permitted by law, neither Holistic Smiles Kids nor any affiliated registered dental practitioner will bear any legal, clinical, or financial liability for any adverse outcome, therapeutic failure, Program mismatch, clinical complication, or delay resulting directly or indirectly from your provision of inaccurate, misleading, outdated, or incomplete health information.

3. Nature of Digital Screening and Clinical Boundaries

3.1 Non-Diagnostic Educational Screening

The Platform provides digital questionnaires, habit screening forms, asynchronous photographic reviews, and automated educational resources designed solely as preliminary, developmental, and educational screening tools. The preliminary online assessment is formulated to assist parents in identifying potential functional patterns, such as mouth breathing, incorrect tongue resting posture, swallow patterns, or crowded dental development, in children aged three (3) to twelve (12) years.

You expressly understand, acknowledge, and agree that:

• the online questionnaire responses, automated indicators, scorecards, and preliminary photographic assessments generated through the Platform do not constitute, and must never be relied upon as, a formal, definitive, or complete medical, dental, orthodontic, or paediatric diagnosis;
• remote digital screening tools are incapable of detecting, assessing, or diagnosing active dental caries, periodontal pathology, pulpal disease, internal root resorption, bony pathologies, occult craniofacial deformities, or complex underlying physiological airway obstructions; and
• the preliminary screening results are strictly educational in nature, intended to provide initial insight into whether your child may benefit from an in-person clinical assessment by a qualified, registered dental practitioner.

3.2 Absence of Doctor-Patient Relationship

The transmission, receipt, or review of information via the Platform including accessing educational videos, submitting an initial questionnaire, uploading developmental photographs, or receiving general algorithmic or educational screening feedback does not establish, construct, or imply a formal doctor-patient, dentist-patient, or clinician-patient relationship between you or your child and Holistic Smiles Kids or any registered dental practitioner affiliated with the Platform.

A formal, legally recognised clinician-patient relationship and associated duties of clinical care arise only when, and not before:

• your child attends and completes a comprehensive, face-to-face, physical in-person clinical examination administered by an appropriately registered dental practitioner;
• the examining practitioner exercises independent clinical judgement to determine that the child is clinically suitable for interceptive care; and
• both parties execute formal clinical consent documentation and finalize Program registration.

3.3 Requirement for In-Person Clinical Examination

Participation in any virtual airway or pre-orthodontic Program, including the prescription, sizing, and dispatch of any oral appliance, is conditional upon your child attending and satisfactorily completing an in-person, face-to-face clinical examination conducted by our registered dentist.

The in-person clinical examination is required to enable our registered dentist to:

• conduct a comprehensive intraoral and extraoral physical examination of the child's dentition, soft tissues, hard tissues, and temporomandibular structures;
• perform physical palpation, postural assessment, and direct visual evaluation of the orofacial complex and upper airway patency;
• order, capture, and analyse necessary diagnostic radiographic imaging to rule out underlying dental disease, supernumerary teeth, impactions, or skeletal disharmonies; and
• independently evaluate whether virtual myofunctional guidance and oral appliance therapy are safe, appropriate, and clinically indicated for your child's specific developmental stage.

3.4 Medical and Dental Emergencies

The Platform, its messaging functions, its consultation scheduling portals, and its asynchronous communication channels are not designed, staffed, equipped, or intended for the evaluation, triage, or management of medical, dental, or surgical emergencies.

You must not use the Platform or any of its communication features if your child is experiencing acute pain, severe dental trauma, facial or oral swelling, active bleeding, fever, signs of systemic infection, severe breathing difficulty, choking, anaphylaxis, or any other urgent medical crisis. If you suspect or observe that your child is experiencing a medical or dental emergency, you must immediately:

• telephone emergency services immediately on 000 (Triple Zero); or
• present directly to the nearest hospital emergency department; or
• contact an emergency medical practitioner, local general practitioner (GP), or emergency dental service.

Neither Holistic Smiles Kids nor any affiliated clinician monitors platform communications, contact forms, or questionnaire submissions continuously or on an emergency basis. We disclaim all liability for any harm, injury, or adverse outcome arising from your failure to seek immediate, direct emergency medical or dental attention.

4. Virtual Airway and Orofacial Myology Programs

4.1 Clinician Discretion and Program Suitability

Registration and continued access to the Program remains subject at all times to the unfettered clinical discretion and professional judgement of our registered dental practitioners. Not every child who completes an online questionnaire or attends an in-person assessment is clinically suitable for a Program.

4.2 In-Person Assessment Deposit and Examination Protocols

The initial online screening assessment hosted on the Platform is offered free of charge. To book the clinically mandatory in-person physical clinical examination, you are required to pay a booking deposit of seventy-five Australian dollars ($75.00) (the Examination Deposit) via our secure online payment portal.

The Examination Deposit is governed by the following protocols:

• Attendance Refund: When you and your child attend the scheduled in-person clinical examination, the full seventy-five dollar ($75.00) Examination Deposit is refunded automatically to your original payment method.
• Timely Rescheduling or Cancellation: You may reschedule the examination up to three (3) times at no cost through your account in the Platform, provided each change is made more than forty-eight (48) hours before the scheduled appointment time; the Examination Deposit carries over to the rescheduled appointment. A fourth reschedule forfeits the Examination Deposit and a fresh Examination Deposit is required to rebook. If you cancel more than forty-eight (48) hours before the appointment, the Examination Deposit remains refundable.
• Late Cancellation or Non-Attendance: If you cancel or reschedule the in-person examination appointment with forty-eight (48) hours or less notice, or if you and your child fail to attend the scheduled appointment ("no-show"), the seventy-five dollar ($75.00) Examination Deposit is forfeited. The forfeited deposit covers the administrative, scheduling, and clinic preparation costs incurred by our facility and practitioners. Any other advance Program fees remitted prior to the examination will be refunded to you in full.

4.3 Virtual Delivery and Program Structure

Where your child is formally accepted into the Program following a satisfactory in-person clinical examination, the Program will be delivered via a hybrid model combining remote digital access and home-based oral therapy. The Program encompasses:

• access to our structured online educational curriculum, instructional myofunctional exercise videos, and digital habit-reconditioning guides;
• the custom prescription, fitting guidance, and dispatch of non-invasive oral myofunctional or pre-orthodontic appliances;
• scheduled live virtual coaching and myofunctional therapy sessions conducted via secure video conference; and
• asynchronous clinical monitoring, review of parent-submitted progress photographs, and iterative modifications to the home exercise regimen by registered dental practitioners.

You acknowledge that the Program requires consistent, daily parental involvement, structured supervision of home exercises, and compliance with appliance-wearing protocols. The Platform acts as a delivery and monitoring mechanism; successful therapy depends entirely on diligent domestic implementation under professional remote oversight.

4.4 Absence of Outcome Guarantees

Paediatric airway growth, craniofacial skeletal adaptation, dental arch expansion, and the correction of oral myofunctional habits are biologically complex processes influenced by numerous variables outside the control of Holistic Smiles Kids and its clinicians. These variables include, without limitation, the child's unique genetic growth patterns, individual anatomical constraints, neuromuscular tone, tissue healing, co-existing allergies, nasal airway resistance, and strict consistency in wearing prescribed oral appliances and executing daily exercises.

Accordingly, you acknowledge and agree that:

• Holistic Smiles Kids and its affiliated clinicians do not make, and expressly disclaim, any representation, warranty, or contractual guarantee regarding specific physiological, dental, skeletal, or aesthetic outcomes;
• we do not guarantee that the Program will eliminate the future necessity for comprehensive fixed orthodontics (such as braces or clear aligners), orthognathic surgery, adenotonsillectomy, or secondary speech and language therapy; and
• supervising clinicians will monitor your child's progress through periodic virtual reviews and will advise you transparently if they determine that your child is not responding satisfactorily to virtual therapy or if the Program is no longer clinically appropriate.

5. Live Sessions and Virtual Consultations

5.1 Booking and Video Attendance Protocols

Registered families may book and attend live myofunctional therapy sessions, clinical check-ins, and coaching consultations delivered via secure, web-based video conferencing integrated into the Platform. Live sessions provide real-time guidance on tongue placement, swallowing patterns, nasal breathing re-education, and oral appliance fit.

When participating in live video sessions, you agree to comply with the following mandatory protocols:

• Continuous Parental Presence: A parent or legal guardian who holds lawful authority must be physically present in the room and actively supervising the child for the entire duration of every live virtual consultation. Clinicians are strictly prohibited from conducting sessions with an unaccompanied minor, and any session where an adult guardian is absent will be terminated immediately;
• Technical Requirements: You are responsible for ensuring that you possess a reliable, high-speed internet connection, an enabled web camera, and functioning microphone and audio hardware capable of maintaining an uninterrupted video stream; and
• Suitable Environment: Sessions must take place in a private, quiet, well-lit indoor environment free from external distractions, loud background noise, or third-party interference, ensuring that the clinician can clearly observe the child's oral structures, facial posture, and exercise performance.

5.2 Rescheduling, Non-Attendance, and Cancellation

Our clinicians and orofacial myology coaches allocate dedicated appointment times for your family's live sessions. To ensure efficient scheduling and availability for other children, you must provide at least twenty-four (24) hours' prior written notice to reschedule or cancel a booked live video consultation.

The following cancellation terms apply to live sessions:

• Notice Exceeding 24 Hours: If you reschedule or cancel a session with more than twenty-four (24) hours' notice, the session will be rescheduled to a mutually convenient future time without penalty or additional fee.
• Late Cancellation and No-Shows: If you cancel or request to reschedule a live session with less than twenty-four (24) hours' notice, fail to log in within ten (10) minutes of the scheduled start time, or experience technical hardware failures on your end that prevent the consultation from proceeding, we may, at our discretion, deem that session delivered and forfeit it from your Program allowance.
• Compassionate Discretion: We recognise that young children experience sudden acute illnesses and that genuine family emergencies occur. Where a cancellation within twenty-four (24) hours is necessitated by sudden paediatric illness or documented emergency, you must notify us as soon as practicable. In such genuine instances, we will act reasonably and may, at our sole administrative discretion, waive session forfeiture and grant a compassionate rescheduling.

6. Financial Terms, Deposits, and Billing

6.1 Fees, Quotations, and Tax Treatment

All Program fees, consultation charges, appliance costs, and deposits displayed on the Platform or quoted in Program documentation are denominated in Australian Dollars (AUD). Published pricing is subject to prospective variation at our discretion; however, once your child is registered in a Program, the agreed fee schedule remains fixed for the duration of that Program term and will not be subject to unexpected mid-term price increases.

In accordance with Australian taxation legislation:

• services that constitute clinical dental treatment, direct myofunctional therapy, and clinical assessments delivered by or under the direction of a registered dental practitioner are Goods and Services Tax (GST) free; and
• where GST applies to any non-exempt physical goods, commercial materials, or supplementary administrative services, the prices displayed on the Platform are inclusive of GST, unless expressly stated otherwise.

6.2 Payment Schedules and Automated Billing

Families may elect to pay Program fees via one of two billing structures:

• Upfront Single Payment: Payment of the full Program fee prior to the dispatch of oral appliances and commencement of virtual modules; or
• Monthly Instalment Schedule: Payment of an initial instalment followed by equal, automated monthly instalments billed over the agreed Program term (twenty-four (24) months).

All payments are processed securely through our third-party payment gateway currently known as STRIPE. You can access Stripe’s terms at stripe.com/au/legal/consumer. By selecting a monthly instalment schedule, you expressly authorise Holistic Smiles Kids and its payment processor to store your nominated credit card, debit card, or payment token and to charge that payment method automatically on each recurring scheduled payment date for the entire duration of the agreed Program term.

Tax invoices and billing receipts are generated electronically upon each successful transaction and transmitted to your registered account email address. These receipts itemise clinical and hardware components to assist families seeking private health insurance rebates or ancillary dental benefits under their private health insurance policies.

6.3 Payment Default, Account Suspension, and Appliance Costs

If an automated recurring payment transaction fails on its scheduled due date (due to card expiry, insufficient funds, or banking declines):

• our payment gateway will automatically re-attempt the charge, and an automated electronic notification will be dispatched to your email address requesting that you update your payment method;
• your access to the digital platform, instructional modules, exercise libraries, and scheduled live video sessions is paused immediately from the failed payment and resumes automatically as soon as the outstanding instalment is successfully processed; and
• temporary suspension of digital access does not relieve you of your accrued contractual payment obligations for services delivered or appliances already prescribed and dispatched.

Oral myofunctional and pre-orthodontic appliances are prescribed and sized for your child by our registered dentist. Once an oral appliance has been dispatched from our facility, the full cost of that appliance represents an incurred, non-recoverable expense. You remain legally and contractually obligated to pay for all dispatched appliances, irrespective of whether your digital platform access is paused or whether you subsequently default on instalment payments.

7. Cancellation, Clinical Discharge, and Refund Policy

7.1 Cancellation Prior to In-Person Examination

You may cancel or reschedule your child's in-person clinical examination at any time before attending it from within your account in the Platform, which is the required method of giving notice and records the time of your notice automatically. Where cancellation occurs prior to the in-person examination:

• if you cancel more than forty-eight (48) hours prior to the scheduled examination appointment time, the seventy-five dollar ($75.00) Examination Deposit will be refunded to you in full, and any advance Program fees paid will be completely refunded;
• if you cancel forty-eight (48) hours or less prior to the scheduled examination, or if you fail to attend, the seventy-five dollar ($75.00) Examination Deposit is forfeited, but any other advance Program fees remitted will be refunded to you in full; and
• refunds are processed to the original credit or debit card used for payment; where a refund is not applied automatically at the time of cancellation, it is processed within five (5) to ten (10) business days.

7.2 Post-Registerment Cancellation by Parent or Guardian

Following the satisfactory completion of the in-person clinical examination and formal Program registration, you may terminate your child's Program registration at any time by providing thirty (30) days' prior written notice to Holistic Smiles Kids at hello@holisticsmileskids.com.au. Upon receipt of your written cancellation notice, your final account reconciliation will be calculated strictly in accordance with the following terms:

• Delivered Components Payable: You are liable to pay for all components of the Program delivered up to the effective date of cancellation, including:
• the pro-rata value of the virtual curriculum, digital access, and clinical monitoring provided up to the date of termination;
• the full commercial cost of any prescribed oral appliances that have been dispatched for your child prior to the cancellation notice; and
• the standard scheduled fee for all live myofunctional coaching consultations or clinical reviews that were delivered or forfeited under the late cancellation rules prior to termination;
• No Punitive Termination Fee: No additional cancellation penalty or arbitrary early termination fee will be imposed beyond the accrued costs of delivered services and dispatched appliances set out above;
• Upfront Payers: If you paid the full Program fee upfront, we will deduct the calculated costs of delivered services and dispatched appliances and refund any remaining balance of unearned prepaid funds to your original payment method; and
• Monthly Instalment Payers: If you pay via monthly instalments, we will calculate the net balance owing between instalments already paid and the total cost of delivered services and dispatched appliances. If an outstanding balance remains owing to us, a final adjusted invoice will be issued for immediate payment. Once settled, all future recurring monthly charges will terminate immediately.

7.3 Clinical Discharge by Registered Clinician

If, at any stage during your child's participation in the Program, the supervising registered dentist determines in their independent clinical judgement that continued participation in the virtual Program is no longer clinically appropriate, safe, or effective whether due to unexpected craniofacial growth patterns, emergence of complex dental or airway pathologies requiring specialist surgical or hospital intervention, or anatomical non-responsiveness, our clinician will formally discharge your child from the Program.

Where clinical discharge occurs:

• the Program will be formally concluded immediately upon the clinician's determination;
• you will receive a pro-rata refund representing the unperformed, prospective portion of the Program, calculated from the date of clinical discharge;
• you will not be charged any cancellation fee, administrative fee, or penalty; and
• the supervising clinician will provide you with a written clinical summary and, where appropriate, formal referral recommendations to facilitate an orderly clinical handover to an appropriate specialist, local dentist, or paediatric medical team to ensure continuity of care.

7.4 Statutory Consumer Guarantees

Our goods and services come with guarantees that cannot be excluded, restricted, or modified under Australian Consumer Law. Nothing in these Terms operates to exclude, restrict, or modify any statutory consumer guarantee, right, or remedy conferred on you by Australian consumer protection laws that cannot be lawfully excluded.

Under these statutory consumer guarantees, you are entitled to:

• a replacement or refund for a major failure of goods, and compensation for any other reasonably foreseeable loss or damage;
• have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure; and
• a refund or compensation for the reduced value of services if our services fail to meet a consumer guarantee (specifically that services must be rendered with due care and skill, be fit for any specified purpose, and be supplied within a reasonable time) and if the failure cannot be remedied or is a major failure.

Where you believe that any oral appliance, digital material, or clinical service provided through the Platform has failed to satisfy a mandatory statutory consumer guarantee, you may lodge a formal claim with us setting out the details of the failure, and we will assess and remedy your claim promptly in accordance with your non-excludable statutory rights.

8. Intellectual Property and Content Usage

8.1 Proprietary Ownership of Platform Materials

Holistic Smiles Kids is and remains the sole and exclusive owner (or lawful licensee) of all right, title, and interest in and to the Platform and its contents. This includes, without limitation, all software, user interface designs, source code, visual design, educational curriculum, myofunctional exercise demonstration videos, habit-reconditioning guides, text, graphics, photographic assets, audio files, animation, trademarks, logos, commercial branding, domain names, and proprietary clinical protocols (collectively, the Platform Content).

All intellectual property rights in the Platform Content are protected under Australian and international copyright, trade mark, and intellectual property laws. Your registration, account creation, or registerment in any Program does not transfer, assign, or convey to you any proprietary right, title, or interest in any Platform Content, methodology, or underlying technology, beyond the express limited personal licence granted in these Terms. You must not modify, adapt, translate, reverse engineer, decompile, disassemble, extract source code from, republish, retransmit, sub-licence, sell, commercialise, or create derivative works based on any Platform Content without our prior written consent.

8.2 Limited Family Licence and Permissible Use

Subject to your continuous compliance with these Terms and the active, paid registration of your child, Holistic Smiles Kids grants you a personal, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access, stream, view, and domestically display the Platform Content solely for the private, non-commercial therapeutic re-education of your registerled child within your immediate domestic household (the Family Licence).

The Family Licence is subject to the following explicit operational restrictions:

• the licence is restricted strictly to the individual child registered in the Program and their supervising parents or guardians;
• you must not share, distribute, stream, display, or broadcast Platform Content or exercise video links to third parties, extended family households, school classrooms, early learning centres, daycare facilities, or commercial therapy clinics;
• you must not download, capture, duplicate, or store Platform Content on external hard drives, shared file networks, cloud repositories, or public video hosting platforms; and
• upon termination, cancellation, or clinical discharge from the Program, the Family Licence terminates immediately, and you must discontinue all access to and use of our digital exercise libraries and proprietary training portals.

8.3 User Uploads and Clinical Data Licence

When you complete questionnaires, submit developmental updates, or upload photographs, video clips, or dental records depicting your child (collectively, User Content), you retain all underlying ownership rights in your User Content.

However, by uploading User Content to the Platform, you grant Holistic Smiles Kids and its affiliated registered clinicians a secure, non-exclusive, royalty-free, fully paid-up licence to host, store, process, reproduce, view, transmit, and display such User Content strictly to the extent necessary to:

• administer your account and operate the Platform;
• perform preliminary screening reviews and triage assessments;
• deliver ongoing clinical monitoring, track therapy progression, and facilitate myofunctional consultations; and
• maintain formal clinical dental records, audit trails, and healthcare documentation as required by Australian health practitioner record-keeping standards.

We may also de-identify and aggregate User Content such that neither you nor your child can be identified. You grant us the right to use such fully de-identified and anonymised data for internal quality assurance, clinical auditing, workflow optimisation, and statistical analysis, strictly in compliance with applicable health records and privacy legislation.

9. Permissible Platform Use and Community Standards

9.1 Acceptable Use and Platform Security

You agree to use the Platform in a lawful, ethical, and secure manner, strictly in accordance with these Terms and all applicable laws and regulations. You must not engage in any activity that compromises the security, operational integrity, or performance of the Platform.

Without limiting the generality of the foregoing, you must not:

• introduce, transmit, or distribute any computer viruses, worms, Trojan horses, malware, ransomware, spyware, or other harmful or malicious software code;
• use any automated scraper, robot, spider, crawler, data mining tool, or automated querying software to extract, harvest, or index data, profiles, text, or clinical resources from the Platform;
• attempt to probe, scan, test the vulnerability of, or breach any security, firewall, authentication measure, or access control mechanism of the Platform or its underlying infrastructure;
• attempt to gain unauthorised access to any other family's user account, private health records, consultation links, or personal information;
• interfere with, disrupt, or impose an unreasonable or disproportionately large processing load on the Platform's servers, databases, or network hosting environments;
• use the Platform to transmit unsolicited commercial communications, spam, advertising, or chain letters; or
• use the Platform, its video portals, or its messaging features for any fraudulent, unlawful, deceptive, or malicious purpose.

Any suspected or established breach of platform security or engagement in unlawful conduct will result in immediate termination of your account, revocation of all platform access, and referral of the matter to Australian law enforcement authorities where appropriate.

9.2 Respectful Engagement and Interaction Standards

Holistic Smiles Kids is dedicated to maintaining a safe, supportive, and respectful environment for our patients, their families, our registered dental practitioners, myofunctional coaches, and administrative support personnel. We uphold a zero-tolerance policy against abusive, disrespectful, or hostile conduct.

You agree that all communications and interactions conducted via the Platform, email, telephone, and consultations must remain courteous, professional, and constructive. You must not:

• harass, demean, intimidate, threaten, stalk, or abuse any clinician, coach, or staff member;
• use profane, vulgar, offensive, sexually explicit, defamatory, racially discriminatory, or derogatory language in any written message, uploaded document, or live video consultation;
• make unsubstantiated, vexatious, or defamatory statements concerning our clinical team, personnel, or professional practice; or
• engage in behaviour that impairs the psychological or physical workplace health and safety of our clinical and administrative team.

Where a parent or guardian engages in behaviour that violates these interaction standards, Holistic Smiles Kids reserves the right to issue a formal written warning, suspend direct messaging access, mandate alternative communication protocols, or terminate the family's Program registerment immediately without refund of accrued fees.

10. Platform Availability, Technical Faults, and Third-Party Links

10.1 Service Availability and Scheduled Maintenance

While Holistic Smiles Kids uses reasonable commercial and technical endeavours to maintain continuous, secure, and reliable access to the Platform, we do not warrant or guarantee that the Platform will be completely uninterrupted, timely, error-free, or permanently accessible. The Platform is provided on an "as is" and "as available" basis.

You acknowledge and agree that:

• access to the Platform may be temporarily unavailable, restricted, or degraded from time to time to permit essential system upgrades, scheduled software maintenance, server migrations, backup procedures, or emergency technical remediation;
• we will use reasonable endeavours to schedule planned maintenance outside of core Australian business and consultation hours and to provide advance notice of scheduled downtime where commercially feasible; and
• temporary outages, server interruptions, telecommunication carrier failures, or digital latency outside our direct control do not constitute a breach of our contractual obligations, nor do they entitle you to monetary compensation, set-off, or Program fee abatements, provided access is restored within a commercially reasonable timeframe.

10.2 External Links and Third-Party Resources

The Platform may contain hyperlinks, integrations, or references to third-party websites, software platforms, video conferencing applications, payment gateways, and external educational health resources operated by independent entities. These links and integrations are provided solely for convenience and administrative efficiency.

Holistic Smiles Kids does not control, supervise, endorse, or verify the content, accuracy, clinical efficacy, security, or privacy practices of any third-party website, application, or external resource. When you navigate to an external website or utilise a third-party integrated software tool, you do so entirely at your own risk. We strongly advise you to inspect and review the independent terms of use, privacy policies, and security practices of any third-party service provider before transacting with them or disclosing personal information. To the maximum extent permitted by law, Holistic Smiles Kids disclaims all liability for any loss, damage, data breach, or disappointment arising from your use of or reliance on external third-party links and resources.

11. Liability, Warranties, and Indemnity

11.1 Disclaimers and Limitation of Liability

To the maximum extent permitted by law, and subject always to the non-excludable statutory consumer guarantees preserved under Clause 7.4 and Clause 11.2 of these Terms:

• Holistic Smiles Kids provides the Platform, educational modules, screening questionnaires, and preliminary scoring tools without any express or implied representations, conditions, or warranties of any kind, whether statutory, common law, or customary, including warranties of merchantability, fitness for a particular purpose, non-infringement, or therapeutic efficacy;
• neither Holistic Smiles Kids nor its directors, officers, employees, agents, contractors, or affiliated registered clinicians will be liable to you, your registered child, or any third party for any indirect, incidental, special, exemplary, punitive, or consequential losses, damages, or expenses. This exclusion encompasses, without limitation, loss of anticipated savings, loss of data, loss of opportunity, travel expenses, distress, or inconvenience, whether arising in contract, tort (including negligence), equity, restitution, statute, or otherwise; and
• to the extent that our liability cannot be entirely excluded by law, our aggregate cumulative financial liability for all claims, actions, suits, or proceedings arising out of or in connection with the Platform, these Terms, or any Program delivered through the Platform, regardless of the legal cause of action is strictly capped and limited, at our sole option, to:
• the re-supply or re-performance of the relevant services; or
• the monetary refund of the actual fees paid by you to Holistic Smiles Kids for the specific clinical service, deposit, or Program module giving rise to the liability.

11.2 Statutory Exceptions and Consumer Remedies

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, statutory guarantee, right, or remedy conferred on you by Australian Consumer Law or any other applicable statutory framework that cannot be lawfully excluded, restricted, or modified by private agreement.

Where any clause, sub-clause, or limitation in these Terms purports to exclude, restrict, or modify any statutory consumer right or liability in a manner contrary to applicable legislation, such provision must be read down to the minimum extent necessary to comply with the relevant statute, or if reading down is not possible, severed from these Terms. The remaining provisions of these Terms will continue in full force and effect. You retain all remedies available under mandatory Australian consumer protection legislation in relation to any major or minor failure of our goods or services.

11.3 User Indemnity

You agree to defend, indemnify, and hold harmless Holistic Smiles Kids, its parent entities, subsidiaries, directors, officers, employees, agents, contractors, and affiliated registered clinicians (the Indemnified Parties) from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses, and costs (including reasonable legal costs on a solicitor-and-client basis and court costs) incurred or suffered by any of the Indemnified Parties arising directly or indirectly from:

• any material breach, default, or non-observance by you of these Terms;
• any false, inaccurate, incomplete, or misleading warranty or representation made by you concerning your parental responsibility, legal guardianship, or authority to consent on behalf of an registered minor;
• your provision of materially false, incomplete, altered, or inaccurate health records, questionnaires, developmental histories, or medical backgrounds concerning the registered child;
• any unlawful, negligent, or malicious use of the Platform or deliberate breach of platform security under your user credentials;
• any violation by you of the intellectual property rights, privacy rights, or statutory protections of any third party; or
• your unlawful recording, capturing, or distribution of live video consultations, exercise content, or clinician likenesses in violation of Clause 5.3 and Clause 8.2.

Your liability under this indemnity will be reduced proportionally to the extent that any act or omission by an Indemnified Party contributed directly to the loss or liability incurred.

12. Suspension, Termination, and Program Exit

12.1 Grounds for Suspension or Account Closure

Holistic Smiles Kids reserves the right to immediately suspend your digital access, pause bookings, cancel scheduled clinical reviews, or permanently terminate your account and Program registration upon the occurrence of any of the following events:

• Outstanding and Unrectified Fees: You default on any instalment payment, account balance, or appliance fee, and fail to rectify the outstanding default within five (5) business days following written notice from us;
• Clinical Cessation or Discharge: A registered dentist determines, pursuant to Clause 7.3, that the Program is no longer clinically appropriate, safe, or beneficial for your child;
• Sustained Non-Compliance or Disengagement: You consistently fail to engage in required home exercises, fail to submit mandatory progress photographs, repeatedly miss or cancel scheduled reviews without clinical justification, or demonstrate sustained disengagement such that the supervising clinician cannot safely or effectively administer the Program, following prior written notice;
• Security or Integrity Breach: You compromise, breach, or attempt to bypass platform security, access controls, or authentication protocols, or engage in automated data scraping or malware distribution;
• Unlawful Conduct or Harassment: You, or any individual acting on your behalf, engage in abusive, harassing, threatening, discriminatory, or unlawful conduct toward our clinicians, coaching staff, or administrative team, or breach our session recording prohibitions; or
• Parental Dispute: We receive formal notification of a dispute between parents, guardians, or legal representatives regarding consent for your child's treatment, or a court order restraining or modifying your parental decision-making authority.

12.2 Consequences of Suspension or Termination

Upon the suspension or permanent termination of your account or Program registration:

• Revocation of Licence: Your Family Licence to access our digital exercise modules, instructional videos, and habit libraries terminates immediately, and your login credentials will be deactivated;
• Financial Reconciliation: A final financial reconciliation will be conducted in accordance with Clause 7.2 (in the case of parental cancellation or default-based termination) or Clause 7.3 (in the case of clinical discharge), and any outstanding balance owing to us must be settled immediately;
• Clinical Records Retention: Termination of your platform account does not extinguish our statutory and professional obligations to retain, secure, and archive clinical records. All paediatric health records, consultation notes, submitted photographs, and diagnostic imaging collected during your child's engagement will be archived securely by our clinical records custodian in strict compliance with Australian health records legislation and statutory retention periods and our Privacy Policy; and
• Survival: Those provisions of these Terms which by their nature are intended to survive suspension or termination including Clause 7 (Cancellation, Clinical Discharge, and Refund Policy), Clause 8 (Intellectual Property and Content Usage), Clause 11 (Liability, Warranties, and Indemnity), Clause 12.2 (Consequences of Suspension or Termination), Clause 13 (Dispute Resolution and Complaints Handling), and Clause 14 (General Provisions), will survive and continue in full force and effect.

13. Dispute Resolution and Complaints Handling

13.1 Informal Complaints and Feedback

Holistic Smiles Kids is committed to collaborating with families to ensure positive healthcare experiences and transparent communication. If you experience any administrative dissatisfaction, technical difficulty, or clinical concern regarding your child's care or your use of the Platform, we encourage you to contact us directly in the first instance.

The informal complaints handling process operates as follows:

• You must submit your concern in writing to our designated complaints coordinator at hello@holisticsmileskids.com.au setting out your full name, registered email address, registered child's name, a factual description of the issue, and the specific outcome or remedy you seek.
• Our administrative team will issue a formal written acknowledgement of your complaint within three (3) business days of receipt.
• A senior administrative manager (and, where clinical concerns are raised, a supervising registered dental practitioner) will investigate the matter impartially, review relevant platform logs, communications, and clinical notes, and provide a comprehensive written response, proposed resolution, or remediation plan within fourteen (14) business days of acknowledgement.

13.2 Formal Dispute Resolution and Escalation

If a dispute, controversy, claim, or question arising out of or relating to these Terms, the Platform, or the Program (a Dispute) cannot be resolved through the informal process set out above within twenty-one (21) days of our written response, the parties agree to adhere to the following mandatory escalation procedure before commencing court litigation (except where urgent interlocutory relief is required):

• Notice of Dispute: Either party must issue a formal written notice to the other party (the Dispute Notice) clearly specifying:
• the nature, legal basis, and factual background of the Dispute; and
• the specific remedial action or financial amount demanded.
• Good-Faith Negotiations: Within fourteen (14) days of receipt of the Dispute Notice, authorised senior representatives of each party must meet (either in person or via video conference) and negotiate in good faith to resolve the Dispute amicably.
• Mediation: If the Dispute is not resolved through direct executive negotiations within twenty-one (21) days of the initial Dispute Notice, the parties must refer the Dispute to independent mediation. The mediation will be conducted in Sydney, New South Wales (or virtually by mutual consent), administered in accordance with the standard commercial mediation guidelines of the Australian Disputes Centre (ADC). If the parties cannot agree on the selection of an accredited mediator within seven (7) days of referral, the mediator will be appointed by the Chief Executive Officer of the ADC (or their nominee). Each party will bear its own legal and preparation costs in the mediation, and both parties will share the mediator's professional fees and administrative costs equally.
• Condition Precedent to Litigation: Compliance with the negotiation and mediation protocols set out in this Clause 13.2 is a mandatory condition precedent to the initiation of any formal legal proceedings in any court of competent jurisdiction. Neither party may commence court litigation concerning the Dispute until the mediation process has formally concluded or failed, except where a party seeks urgent interlocutory, injunctive, or declaratory relief to prevent irreparable harm, protect intellectual property rights, or safeguard child safety.

14. General Provisions

14.1 Governing Law and Jurisdiction

These Terms, their interpretation, validity, formation, and any contractual or non-contractual dispute or claim arising out of or in connection with them or the Platform, are governed exclusively by and construed in accordance with the laws in force in the State of New South Wales, Australia.

Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts, for the determination of any proceeding, action, or suit arising under or in connection with these Terms. You irrevocably waive any objection that you may now or hereafter have to the laying of venue in the courts of New South Wales, and agree not to plead or claim that any proceeding brought in such court has been brought in an inconvenient, inappropriate, or extraterritorial forum.

14.2 Severability and Entire Agreement

If any provision, clause, sub-clause, or phrase contained in these Terms is held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable, that provision will be severed from these Terms or read down to the minimum extent necessary to render it valid, legal, and enforceable. Such severance or reading down will not affect, impair, or invalidate the remaining provisions of these Terms, which will continue in full force and effect.

These Terms, together with our Privacy Policy and any formally executed clinical consent documents and fee schedules, constitute the entire legal and operational agreement between you and Holistic Smiles Kids Pty Ltd concerning the Platform, the online assessment, and the Program. These Terms supersede, extinguish, and replace all prior or contemporaneous negotiations, representations, warranties, promises, statements, electronic communications, brochures, marketing materials, and understandings between the parties, whether oral or written, in relation to the subject matter of this agreement. You confirm that you have not entered into this agreement in reliance upon any representation, warranty, or promise made by Holistic Smiles Kids that is not expressly set out in these Terms.

14.3 Notices and Contact Information

Any notice, demand, request, or formal communication required or permitted to be delivered under these Terms must be in writing and addressed as follows:

Holistic Smiles Kids Pty Ltd ABN: 41 699 123 138 Email: hello@holisticsmileskids.com.au

Communications delivered to you will be transmitted electronically to the primary email address registered to your account. An electronic communication transmitted under these Terms is deemed to have been received:

• at the time the electronic message enters the information system of the recipient, unless an automated delivery failure or bounce-back notification is generated within two (2) hours of transmission; or
• if transmitted on a day that is not a business day in New South Wales, or after 5:00 pm on a business day, at 9:00 am on the next occurring business day in New South Wales.

For general parental inquiries, administrative questions, appointment coordination, or technical support regarding the Platform, families may contact our client care team via email at hello@holisticsmileskids.com.au during standard business hours (Monday to Friday, 9:00 am to 5:00 pm AEST/AEDT, excluding public holidays in New South Wales).