Terms and Conditions

This document governs the use of the Super Smile website and services.

Article 1: Introduction & Acceptance of Terms

1.1. Agreement: These Terms and Conditions constitute a legally binding agreement between you ("the Client," "you," "your") and Super Smile ("Super Smile," "we," "us," "our") concerning your access to and use of the supersmiles.au website and our associated services.

1.2. Acceptance: By engaging our services or using our website, you confirm that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree, you are expressly prohibited from using our site and services and must discontinue immediately.

1.3. Recommendation for Independent Advice: You acknowledge that we have strongly recommended you seek independent financial, legal, and medical advice before engaging our services to fully understand the implications of accessing your superannuation early.

Article 2: Description of Service & Our Role

2.1. Service Scope: Super Smile provides a specialized administrative and facilitation service. Our purpose is to assist you in gathering the necessary documentation and correctly preparing and submitting an application to the Australian Taxation Office (ATO) for the early release of superannuation on compassionate grounds to fund essential dental treatment.

2.2. Our Role as a Facilitator: Our role is strictly limited to that of a facilitator and administrative assistant. We help you navigate the application process based on the guidelines provided by the ATO.

2.3. No Professional Advice: Super Smile is not a financial advisory firm, a registered tax agent, a law firm, or a medical provider. We do not employ professionals in these fields. No information provided by us, whether on our website or in any communication, shall be construed as financial, investment, legal, taxation, or medical advice. We do not offer any opinion or recommendation on the merits of your decision to access superannuation early.

Article 3: Client Obligations and Warranties

3.1. Accuracy of Information: You warrant that all information, documentation, and statements you provide to Super Smile are, to the best of your knowledge, accurate, truthful, complete, and not misleading. You agree to inform us immediately of any changes to this information.

3.2. Timely Cooperation: You agree to cooperate with us in a timely manner, which includes providing all requested documents and responding to communications promptly to avoid delays in your application.

Article 4: Client Acknowledgement of Risks

4.1. Acknowledgement: By engaging our services, you explicitly acknowledge and confirm that you understand and accept the following risks associated with the early release of superannuation:

(a) Impact on Retirement Savings: You understand that accessing your superannuation now will lead to a significant reduction in your final retirement balance, due to both the amount withdrawn and the loss of future compound earnings on that amount.

(b) Impact on Insurance Policies: You understand that many superannuation funds bundle insurance policies (such as Life, Total and Permanent Disability (TPD), and/or Income Protection) with your account. You acknowledge that withdrawing funds may cause your account balance to fall below the minimum required to maintain these insurance policies, potentially leading to a reduction in cover or outright cancellation of your policy. It is your sole responsibility to check the status of your insurance with your super fund.

(c) Taxation: You understand that any funds released by the ATO on compassionate grounds are considered assessable income and are subject to taxation. The final amount you receive will be less than the approved amount after tax is withheld.

Article 5: Fees and Payment

5.1. Success-Based Fee: Super Smile operates on a success-based fee structure. Our service fee is only charged if your application is approved by the ATO and your superannuation fund subsequently releases the funds.

5.2. Fee Agreement: The exact fee, calculated as a percentage of the released funds, will be detailed in a separate Service Agreement. This agreement must be signed by you before we commence work on your application.

5.3. Third-Party Costs: You are solely responsible for any and all third-party costs incurred during this process. This includes, but is not limited to, consultation fees charged by dental or medical practitioners for providing the necessary reports. These costs are separate from and additional to the Super Smile service fee.

Article 6: Relationship with Third-Party Practitioners

6.1. No Responsibility for Treatment: Super Smile is not a party to the relationship between you and your chosen dental or medical practitioner(s). We are not responsible or liable for the quality, cost, accuracy, or outcome of any advice, treatment, or report provided by these third parties.

6.2. Client's Responsibility: The selection of your practitioner, the cost of treatment, and the assessment of the advice received are your sole responsibility.

Article 7: Acceptable Use Policy

7.1. Prohibited Activities: As a user of the Super Smile website, you agree not to:

(a) Use the site for any illegal or unauthorized purpose.

(b) Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, database, or directory without written permission from us.

(c) Circumvent, disable, or otherwise interfere with security-related features of the site.

(d) Engage in unauthorized framing of or linking to the site.

(e) Use any information obtained from the site in order to harass, abuse, or harm another person.

(f) Upload or transmit viruses, Trojan horses, or other malicious material that interferes with any party's use and enjoyment of the site.

(g) Attempt to impersonate another user or person.

7.2. Enforcement: We reserve the right, but not the obligation, to monitor the site for violations of this policy and to take appropriate legal action against anyone who, in our sole discretion, violates the law or these terms, including terminating or blocking your access to the site.

Article 8: Intellectual Property

8.1. Ownership: The content, branding, and processes on the Super Smile website and within our documentation are our proprietary property and are protected by copyright and trademark laws. You may not copy, reproduce, or distribute our materials without our express written consent.

Article 9: Limitation of Liability

9.1. No Guarantee of Outcome: You acknowledge that the final decision regarding your application rests exclusively with the ATO and your superannuation fund. Super Smile provides no warranty or guarantee of a successful outcome.

9.2. Maximum Liability: To the fullest extent permitted by law, our total liability to you for any damages arising from or connected to our services shall not exceed the total service fee paid by you to us.

Article 10: Governing Law and Dispute Resolution

10.1. Jurisdiction: These Terms and your use of our services are governed by the laws of Australia and the specific laws of the State of [Your State, e.g., New South Wales].

10.2. Dispute Process: The parties agree to attempt to resolve any dispute through good-faith negotiation before commencing any legal proceedings.