Bupa Smiles Terms and Conditions

1. General

1.1 This document sets out the terms and conditions that apply to the provision of the Bupa Smiles Plan you have selected (‘Bupa Smiles Plan’). In these Terms and Conditions, ‘Dental Corporation’, ‘us’ and ‘we’ is a reference to Dental Corporation (NZ) Limited and a reference to ‘you’ and ‘your’ is a reference to you, a Dental Corporation customer.

1.2 If you are under 18 years of age, then your Bupa Smiles Plan application form must be completed by your legal guardian and a reference to ‘you’ and ‘your’ for the purposes of enforcing these Terms and Conditions, shall include your legal guardian.

1.3 By completing the online Bupa Smiles Plan application, you acknowledge that a copy of these Terms and Conditions were made available to you and that you have read, accepted and agreed to be bound by them.

1.4 There is no contract between the Dental Corporation and you until Dental Corporation has accepted your Bupa Smiles Plan application and provided you with notice confirming your Bupa Smiles Plan (‘Bupa Smiles Confirmation Notice’).

1.5 You will need to apply for the Bupa Smiles Plan through an individual dental clinic. In certain instances, you may need to contact the dental clinic directly; this document will indicate those instances.

2. Your Bupa Smiles Plan

2.1 Your Bupa Smiles plan is a retail health product that entitles you to redeem certain services and benefits through your chosen Part of Bupa dental provider in exchange for payment of the Fees (‘Bupa Smiles Plan’).

2.2 Importantly, your Bupa Smiles Plan is not an insurance product and no insurance cover is provided. Nor is Dental Corporation offering finance or any type of financial product.

2.3 The Benefits specified in your selected Bupa Smiles Plan are provided by your selected dental provider only.

3. Term and Renewal

3.1 Your Bupa Smiles Plan starts on the date you receive your Bupa Smiles Confirmation Notice (‘Start Date’), and continues for a term of 12 months (‘Term’).

3.2 Your Bupa Smiles Plan becomes due for renewal on the yearly anniversary of the date you receive your Bupa Smiles Confirmation Notice (‘Anniversary’).

3.3 One month before an Anniversary, we will send you notification of the renewal of your membership for another Term, and the applicable Fee.

3.4 Your Bupa Smiles Plan will renew automatically unless you contact us to cancel your Bupa Smiles Plan at least [one week] prior to the relevant Anniversary (in which case, cancellation will be effective from the Anniversary).

3.5 If your Bupa Smiles Plan is renewed, the Start Date will reset to the first date of the new Term.

4. Benefits

Benefits

4.1 In each Term, you will enjoy the following benefits with your Bupa Smiles Plan (‘Benefits’):

(a) 1x comprehensive check-up and periodontal screening;

(b) 2x bite wing X-rays; and

(c) 2x 45-minute hygiene appointments.

4.2 You also have the option of opting in to the following additional benefits, in exchange for payment of additional Fees (‘Additional Benefits’):

(a) unlimited emergency assessments;

(b) complimentary cosmetic or orthodontic assessments;

(c) fluoride treatment;

(d) OPG (which will only be available once you have had your Bupa Smiles Plan for a full Term, and may be redeemed only once every two Terms after that);

(e) NZ$100 vouchers for dental treatment (which will only be available once you have had your Bupa Smiles Plan for two consecutive Terms);

(f) access to Smile Choice payment plans; and

(g) any other benefits Dental Corporation may make available from time to time.

4.3 If you elect to take any Additional Benefits, these Additional Benefits will form part of your Bupa Smiles Plan and these Terms and Conditions will apply to the Additional Benefits.

4.4 You may begin to redeem the Benefits:

(a) if you pay by Monthly Instalment, any time after your third payment of the Fees to Dental Corporation or

(b) if you pay by Lump Sum, at any time after the Start Date.

Bupa Smiles Plan changes

4.5 Dental Corporation may make changes to the Benefits or the Additional Benefits from time to time on written notice to you. Any changes will become effective from the next Anniversary, at which point you may choose not to renew your Bupa Smiles Plan (in accordance with clause 3.4) if you do not agree with the changes notified.

4.6 You may change your Bupa Smiles Plan to a more extensive membership plan (if one exists) at any time, on one months’ notice to Dental Corporation. If you choose to do this, the Term will be reset and a new Term will begin from the time we confirm the change. You agree to pay any additional Fees that may apply to the more extensive plan.

No carryover of Benefits

4.7 The Benefits and the Additional Benefits can be used only once in the Term, and do not accrue or roll over into the next Term. You must use each Benefit or Additional Benefit within the Term. Any unused Benefits or Additional Benefits will be forfeited without any refund.

5. Fees

5.1 In exchange for the Benefits, you agree to pay the membership fees to Dental Corporation (‘Fees’) are set out in the Bupa Smiles Plan application.

5.2 By completing and submitting the Bupa Smiles Plan application, you agree to pay the Fees in the manner selected.

6. Payments

6.1 The Fees are payable in accordance with either clause 6.2(a) or (b). You must nominate your preferred payment model at the time of submitting your Bupa Smiles Plan application.

6.2 You may pay the Fees:

(a) in equal monthly instalments, in which case each instalment will be due monthly in advance, on the Start Date and on each monthly anniversary of the Start Date (‘Monthly Instalment’); or

(b) with an initial lump sum payment (on the Start Date) equivalent to three months’ worth of Fees, and thereafter in equal monthly instalments on each monthly anniversary of the Start Date (‘Lump Sum’).

Direct debit authority

6.3 You must pay the Fees by direct debit.

6.4 You must complete a Direct Debit Authority to allow the monthly payments to be automatically deducted from your bank account. By filling out the Direct Debit Authority, you are authorising Dental Corporation to debit your monthly payments of the Fees from your account.

6.5 Please note that if a direct debit payment falls on a public holiday, the payment will be debited on the working day immediately prior to the public holiday.

6.6 Dental Corporation is not responsible for any bank charges you may incur if any direct debit payments fail.

6.7 If at any time you have difficulty paying your Fees, please contact the dental clinic where you applied for your Bupa Smiles Plan. We are happy to discuss your options at any time.

Missed payments

6.8 If you miss a monthly payment, Dental Corporation will notify you of the outstanding amount due and you will be required to immediately pay the outstanding amount.

6.9 If the amount remains outstanding one month following the due date for payment, Dental Corporation will be entitled to suspend your Bupa Smiles Plan until you pay the outstanding amount and will notify you in writing if this occurs. While your Bupa Smiles Plan is suspended, you will not be entitled to redeem any of the Benefits.

6.10 If an amount due for payment remains outstanding two months following the due date for payment, Dental Corporation will be entitled to immediately cancel your Bupa Smiles Plan and clause 7.5 will apply.

7. Cancellation

Cancellation by you

7.1 You may cancel your Bupa Smiles Plan by providing us with one months’ written notice.

7.2 If you cancel your Bupa Smiles Plan and have not used any of the Benefits, you will not be refunded any of the Fees you have paid from the Start Date until the date of cancellation.

7.3 If you cancel your Bupa Smiles Plan and you have used some or all of the Benefits, you must pay us a cancellation charge. This charge will be the smaller of:

(a) the Fees that you would have paid in the remainder of the Term, had you continued with your Bupa Smiles Plan; and

(b) the price normally charged by the applicable dental provider for the Benefits used by you for the period from the Start Date to the date of cancellation, minus the Fees actually paid by you for this period.

7.4 The cancellation date will be the date Dental Corporation receives your notice of cancellation by phone or email. Our team aims to acknowledge email cancellations within one week of receipt. If you have not received a response to your notice of cancellation within two weeks, you must contact us to ensure that your email notification has been received.

Cancellation by Dental Corporation

7.5 Dental Corporation will be entitled to immediately cancel your Bupa Smiles Plan on written notice in accordance with clause 6.10, and you will not be entitled to a refund of any amounts paid by you prior to cancellation.

7.6 If Dental Corporation cancels your Bupa Smiles Plan in accordance with clause 7.5, and you have used some (or all) of the Benefits, you will be required to pay Dental Corporation the price normally charged by your dental provider for the services and/or benefits used by you (up to a maximum value of the Fees payable over the Term) less the Fees already paid by you.

7.7 The cancellation date will be the date Dental Corporation notifies you that your Bupa Smiles Plan has been cancelled.

8. Outstanding Amounts

8.1 All outstanding balances, including any amounts required by clauses 7.3 or 7.6, must be paid on cancellation.

8.2 Failure to pay any amounts when demanded may result in your account being passed to a debt recovery agency and debt collection fees may be added to the amount you are required to pay.

9. No transfer

9.1 Your entitlements under your Bupa Smiles Plan are personal to you and cannot be transferred, gifted or sold to another person.

10. Communication

10.1 You consent to receiving communications from us electronically. We will communicate with you by email, or by posting notices on the website of the dental clinic where you applied for your Bupa Smiles Plan. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy all legal requirement that such communications be in writing.

10.2 Any notices sent to you will be to the email address you provided when completing your Bupa Smiles Plan application. If your email address changes, please inform the dental clinic where you applied for your Bupa Smiles Plan.

11. Privacy

11.1 We collect, hold, use and disclose your personal and health information in accordance with our Privacy Policy, which can be found on the website of the dental clinic through whom you applied for your Bupa Smiles Plan.

12. Governing law

12.1 These Terms and Conditions are governed by the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of these Terms and Conditions.