Welcome to Byte Au Pty Ltd (together, Byte, we, us, our). These terms of supply (Terms of Supply) set out the terms and conditions that govern your purchase, our supply, and your use of our Impression Kits, Scans, Treatment Plans, Plans (day and/or night), Retainers, and optional whitening products (collectively, our products and services).
1. Introduction and formation
1.1. Please read these Terms of Supply carefully and if you have questions or concerns, contact Byte’s customer care team or speak with your dentist. If you wish to proceed with our products and services after reading these Terms of Supply, you will be required to accept these Terms of Supply by clicking ‘I accept’ (or similar), or confirming acceptance verbally, at various points during your engagement with Byte, including where you request an Impression Kit, book a Scan, create your Account, and/or opt to proceed with a Treatment Plan.
1.2. Each time you click ‘I accept’ (or similar), or confirm your acceptance verbally, you warrant to us as follows.
That you understand and agree to be bound by the then current Terms of Supply (identified with the Last Updated date).
That one of the following applies and is accurate and correct.
You are 18 years or over.
You are between 16 – 18 years of age and you have obtained the consent of your legal guardian to proceed.
You are the legal guardian of an individual who is between 16-18 years of age and who wishes to use Byte’s products and services and you accept these Terms of Supply on their behalf. You warrant that you have the authority to accept these Terms of Supply on such individual’s behalf, including granting any consents and agreeing to any release on their behalf, and that you will ensure they comply with these Terms of Supply.
1.3. If you do not understand or agree with these Terms of Supply, you should not continue with your purchase of any of our products and services and/or creation or use of your Account.
1.4. Defined terms have the meaning given to them through these Terms of Supply. We also set out here a few key terms that we regularly use for your ease of reference.
Account. This refers to the account you create to access our Account Centre (which is defined below).
Aligners. This refers to your personalised Aligners that are manufactured based on your Impression Kit or Scan and Treatment Plan.
Aligner Plan. This refers to the original plan for your use of your Aligners (day and night, as applicable), based on, and following approval of, your Treatment Plan by a Network Dentist and creation of your Aligners.
Clinical Information. This refers to any photos and clinical information (including any information which is necessary for your Treatment Plan, including any contraindications) that you provide to us, including by uploading such into your Account and/or that we receive from a Scanning Location on your behalf.
HyperByte. This refers to our HyperByte device that is described in more detail on our website, which can be accessed via this link: https://trybyte.com.au/pages/hyperbyte.
Impression Kit. This refers to the initial impression kit we send to you and that you send back to us with an impression of your teeth. We use your Impression Kit to create your Treatment Plan and your Aligners and Aligner Plan (and/or any Refinement Plan, if required).
Network Dentists. This refers to the Australian dentists in the Byte network.
Plan means the Aligner Plan or the Refinement Plan, as applicable to you and as the context requires.
Refinement Plan. This term is defined in clause 4.25(c) and refers to a new aligner plan, based on another Impression Kit or another Scan and developed Treatment Plan, if required after your clinical review.
Retainers. This refers to your retainers that you need to wear after completion of your Plan.
Scan. This refers to an intra-oral, upper and lower arch, scan of your mouth that you obtain at a Scanning Location. We use your Scan to create your Treatment Plan and your Aligners and Aligner Plan (and/or any Refinement Plan, if required).
Scanning Location. This refers to a location where you can obtain a Scan. Such location may be operated by us or by one of our authorised scanning location partners. Scanning Locations are available on our website.
Treatment Plan. This refers to your personalised treatment plan we develop based on your Impression Kit or your Scan and your Clinical Information and using 3D imagery that will show you what your teeth could look like, subject to final approval by a Network Dentist.
2. Changes to these Terms of Supply
We may amend these Terms of Supply at any time. When we make changes to these Terms of Supply, we will post the revised Terms of Supply on our website and update the Last Updated date above. You should review these Terms of Supply from time to time. Your purchase of our products and services and/or creation of an Account after this date indicates your acceptance of the changes, subject to the remainder of this clause. Any amendments made in accordance with this clause after the date that you agree will only apply to products and services purchased by you after the relevant Last Updated date above and the Terms of Supply that were in place at the time you purchased products and services in the past will apply to those products and services.
3. Your obligations
3.1. Failing to comply with your obligations set out in this clause 3 and generally throughout these Terms of Supply may impact your treatment and your results. Subject to clause 9.1, it may also void our applicable additional guarantee(s) which can be found at /pages/guarantees.
3.2. The costs of all check-ups and services provided by your regular dentist or other dentists you see will be your sole responsibility and are in addition to any fees paid to us for our products and services.
3.3. While soreness and mobility of the teeth is normal and expected during orthodontic treatment, you must not purchase and/or commence use of any of our products and services and must immediately cease any already commenced use of our products and services if you experience any severe pain in your teeth or jaw or any of your teeth become loose.
3.4. Prior to purchasing our products and use of any of our services (including teeth straightening or teeth whitening products and services), you must see, and by proceeding with any purchase you warrant that you have seen, your regular dentist for a check-up and that your dentist or other dental professional has:
completed a professional teeth cleaning if required;
reviewed your last x-rays;
checked for and repaired any cavities, loose or defective fillings, crowns or bridges;
checked that you do not have any 'baby teeth' and that all your permanent teeth are present;
verified that you do not have any shortened or resorbed roots;
verified you do not have periodontal or gum disease; and
screened for, and confirmed, that you do not have oral cancer.
3.5. As part of your request for any of our products and services, to help avoid delays in treatment, potential rejections by Network Dentists assigned to your treatment, and/or complications once treatment has commenced, the above check-up must have occurred in the 6 months prior to your purchase of any of our products and services.
3.6. If the Network Dentist overseeing your Treatment Plan recommends it, you must book an appointment with your regular dentist for another dental check-up as described above within 30 days of the recommendation and before your Treatment Plan is finalised to progress to your Aligner Plan. This is very important to ensure your oral health during your use of our products and services.
3.7. If, as a result of such check-up, your Impression Kit or Scans need updating, as applicable we’ll:
send you another Impression Kit and you must re-send impressions and progress through the Impression Kit and approval process again, in accordance with clause 4; or
advise you to obtain another Scan, and you must progress through the Scans and approval process again, in accordance with clause 4.
3.8. If you have an existing fixed wire retainer (fixed lingual retainer), you must have your fixed retainers removed prior to progressing with aligner treatment if these arches are being treated with Byte aligners.
3.9. Undergoing any elective dental procedures while you are in-treatment and progressing through your Plan is at your sole risk.
3.10. In addition to following any instructions in our user guides and documentation and/or any other specific obligations of yours set out throughout these Terms of Supply, you must engage in daily dental hygiene, including brushing and flossing, which helps enable teeth to move better during treatment.
3.11. To the extent that:
any dental procedures referred to in clause 3.9;
your failure to engage in daily dental hygiene in accordance with clause 3.10; and/or
your failure to follow any instructions in our user guides and documentation (including the HyperByte instructions, if applicable to your treatment) and/or any other specific obligations of yours set out throughout these Terms of Supply (including your obligations set out in clause 4) and/or your engagement in any of the risks set out in clause 6,
render your Aligners unusable or materially affects your Plan in any way, it is your sole responsibility and if you wish to continue with Byte, you will be required to do another Impression Kit or obtain another Scan and obtain a new Treatment Plan and Aligners at your sole cost and expense.
3.12. We only provide our Services to persons located in Australia. As such, you must not move outside of Australia while you are in-treatment. If you wish to move overseas while you are in-treatment, please contact us at email@example.com or 1800-298-363.
4.1. This clause sets out the process for progressing through your treatment with Byte, including our Impression Kits, Scans, creation of your Treatment Plan, your Aligners, your Plan and lastly your Retainers and everything in between.
4.2. Please readthis process carefully and ensure that you follow this process during your Plan. In accordance with clause 3.11, you must also always:
comply with your obligations set out in these Terms of Supply, including in clause 3 and this clause 4; andfollow any instructions in our user guides and documentation that we provide to you, including our Plan instructional guides and frequently asked questions (or similar) and/or other instructions or materials advised or provided to you by Byte (however communicated), including from our customer support members and/or the Network Dentists.
4.3. Byte’s Network Dentists are not employed by Byte and provide independent dental advice and services. Throughout this process, in addition to receiving an approval for your Plan by a Network Dentist, you have access to Byte’s customer support and treatment care team members to assist you throughout the process.
Impression Kits, Scans and Approvals
4.4. The first step in our process is ensuring that our products and services are suitable for you, and that you’re a suitable candidate for them. This is achieved by one of the following steps.
You purchase, and we send you, our Impression Kit.
You obtain a Scan from a Scanning Location and provide the Scanning Location with your Clinical Information. The Scanning Location sends us your Scan and Clinical Information.
After either of the above steps, we then request that you create an account with our account centre (Account Centre) and that you upload the Clinical Information that we request from you within your Account.
4.5. In some circumstances, should your returned Impressions be deemed unsuitable by Byte for any reason, you will be sent a second Impression Kit free of charge. If the second returned Impressions are also deemed unsuitable by Byte, any further Impression Kits provided to you will incur a fee.
4.6. Once, as applicable:
you complete and return your Impression Kit and provide your Clinical Information; or
we receive your Scan and Clinical Information from the Scanning Location,
we will develop your Treatment Plan that will show you what your teeth could look like, subject to final approval by a Network Dentist.
4.7 Your Treatment Plan will be assessed and, where appropriate, approved by a Network Dentist. Approvals are based on the information you provide to us, including your completed Impression Kit or Scan and the Clinical Information.
4.8. In some circumstances, where we have your completed Impression Kit or a Scan but have not been provided your Clinical Information (including photos), the Network Dentist may in our discretion give you pre-approval for your Treatment Plan. However, the Network Dentist can only give you final approval for your Treatment Plan (meaning that you can progress with your Treatment Plan and purchase of your Aligners) once we have all of your Clinical Information (including photos).
4.9. You must provide Clinical Information which is accurate and complete. We may take reasonable steps to verify the accuracy or completeness of all information you provide to us (including via a Scanning Location), including Clinical Information, so that we can assess your suitability for treatment and prepare a Treatment Plan. If you provide any information (including Clinical Information) which is not accurate or complete, to the fullest extent permitted by law, neither we, our authorised representatives, the Network Dentists or operators of the Scanning Locations will be responsible or liable for any loss and/or damages that you incur, or may incur, as a direct or indirect result of your failure to provide accurate or complete information (including Clinical Information).
4.10 We may withhold our approval for you to use any of our products or services for any reason, and we are not liable to you in any manner for not providing such approval. In accordance with our Impression Kit Guarantee (which can be found at /pages/guarantees), if you are not approved for use of our products and services, we will let you know and refund the price you paid for your Impression Kit.
4.11. Once your Treatment Plan has been approved, you will be notified by email to log into your Account Centre to review your Treatment Plan. If you want to move forward with your Treatment Plan, purchase Aligners from us and commence your Aligner Plan, you may purchase the Aligners and Aligner Plan from your Account Centre. Whether you have completed an Impression Kit or obtained a Scan, your purchase of the Aligners must be within 90 days of the date of your Impression Kit or Scan being completed, otherwise, you must obtain another Impression Kit or Scan and progress through the approval process set out above again.
4.12. Payments are subject to the transaction and payment terms set out in clause 4.12 – 4.21.
4.13. Payment for all products and services must be by credit or debit card or any other payment method listed on the checkout page of our website at https://trybyte.com.au/. Your payment method will be billed as soon as your order is placed.
4.14. We do not collect your payment information unless we process a payment transaction over the phone. In respect of online payment transactions, payment information is collected and stored by a third-party in order to be processed as required. We never permanently store complete debit/credit card details.
4.15. All online debit/credit card transactions performed on the Site are through secured payment gateways.
4.16. We, or a third party authorised by us, may verify any information provided by you in respect of a purchase prior to our acceptance of any order for our products and services.
4.17. To the extent you pay for our products and services by credit and/or debit card, you acknowledge and agree that you have authorisation and right to use such credit and/or debit card.
4.18. You acknowledge and agree that you are responsible for all charges (including applicable shipping and handling charges and taxes) incurred by you (or a third party authorised by you) in respect of any purchased products and/or services.
4.19. We reserve the right, in our sole discretion to modify or discontinue all or part of our products and services including their pricing and availability, or to limit the order quantity on any product or service and/or to refuse service to you. For the avoidance of doubt, this clause will not apply to orders that were submitted by you and accepted by us prior to the exercise of our right under this clause.
4.20. If you require a financing option, you may contact us to review and finalise your payment. Financing options are products that are owned, operated and facilitated by third parties and, to the extent permitted by law, we do not make any representations or warranties in relation to such third parties or their products, and we exclude all liability from your use of any third party financing products. Your use of, and access to, such third party financing products may be subject to additional fees and separate terms issued by such third parties.
4.21. Once your payment or financing has been approved, we manufacture your Aligners and deliver them to your nominated address.
4.22. Promotions or discounts may be subject to their own specific terms and conditions as provided by us from time to time. We reserve the right to:
terminate, modify or extend any promotional offer at any time, without notice; or
cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
4.23. Without limiting clause 3, following instructions related to your Treatment Plan is very important. It is your obligation to ensure that you review and follow all instructions set out in your Plan and any ongoing instructions from the Byte team and/or the Network Dentists. Failing to do so may impact your treatment and the successful results therefrom. Subject to clause 9.1, it may also void our Byte For Life Guarantee which can be found at /pages/guarantees.
Duration and results
4.24. We send out a maximum of 15 steps of Aligners at any one time, which you must use in progression in accordance with our instructions and your Plan. You must follow our prompts for any check-ins during your Plan.
4.25. You must:
check-in for a clinical review, which includes submitting photos to us (including via your Account Centre), before you complete the first 15 sets of Aligners or in any case, at least by set 12, or sooner if prompted by you or Byte; and
check-in for general reviews with our representatives via your Account and our Account Centre from time to time and/or if prompted by Byte.
4.26. The clinical review referred to in clause 4.25(a) must be completed before you can progress to the next steps of Aligners or complete your Aligner Plan and progress to Retainers. The clinical review will assess if you:
can complete your Aligner Plan and progress to Retainers;
can continue with your original Aligner Plan; or
need a new aligner plan (Refinement Plan) in accordance with the below.
4.27. You may need a Refinement Plan in circumstances where your teeth haven’t moved as originally planned and, in such instance, you may be required to complete and return another Impression Kit or obtain another Scan and to have another Treatment Plan developed and approved before we develop and provide your Refinement Plan, further Aligners for your Refinement Plan and Retainer. If you need a Refinement Plan due to a material failure to comply with your obligations in clause 3, such additional Impression Kit or Scan and more Aligners will be at your cost and expense.
4.28. Where you do not need a Refinement Plan, you will continue with, and complete, your Aligner Plan.
4.29. With any orthodontic treatment, it is impossible to predict every customer’s rate of movement. The length of time you wear the Aligners, and your results depend on many factors, including but not limited to:
your adherence to your Plan, and/or any instructions or user guides made available to you by Byte at any time during your treatment process;
the severity of your case;
your bone density and structure;
the shape and position of your teeth; and/or
the amount of time you wear the Aligners per day or night (as applicable), including your compliance with instructions and recommended usage for HyperByte.
4.30. You must not lose or throw away any of your Aligners at any point until your Plan is 100% complete and we have issued you your Retainers in accordance with the below. If at any point during your Plan you are asked to go back to a previous Aligner (e.g. during a Refinement Plan) we need for you to have all your previous Aligners available. If you lose or throw your any of Aligners out and are not covered by the Byte Protection Plan you will need to purchase new Aligners at our then-current list prices via your Account Centre.
4.31. Your teeth may move if you stop wearing the Aligners and therefore Retainers will be required to keep your teeth in their new positions for a lifetime. Byte provides the first Retainer free of charge for all Plans. The Byte Protection Plan includes 10 sets of retainers which is detailed here: Byte Protection Planand can be purchased through your Account Centre or by contacting Byte.
4.32. When you have completed your Plan, you can order your Retainers through your Account Centre and we will either:
create your Retainers based on your last set of Aligners; or
if your last set of Aligners didn’t fit, we may in our discretion, send you an Impression Kit or request that you obtain another Scan which we will use to create your Retainers,
and we will send your Retainers to your nominated address.
4.33. Your Retainer must be worn 22+ hours per day for at least 2 weeks from the date of completion of your Plan and then nightly from then on. Byte recommends wearing your retainers for 2-3 months for best results.
4.34. You can expect a Retainer to last no more than one year, but this can vary greatly from patient to patient. Due to general wear and tear we recommend buying new Retainers at least once every six months or have bonded Retainers placed. Subject to clause 9.1, if you don’t comply with the terms of our Byte For Life Guarantee (available at /pages/guarantees) in respect of any Retainer requirements, your guarantee may be void.
If you choose to have a bonded Retainer placed after your Aligner treatment, this will be at your own cost. You must wait until your treatment has finalised on both arches before the bonded Retainer is placed should dual arch refinements be required. Should a bonded Retainer need to be removed to finalise treatment for any reason, this will be at your own cost.
HyperByte™ Usage Instructions
4.35. Where your Plan includes use of the HyperByte, the HyperByte should only be used in accordance with the instructions included with the device and/or any other materials or instructions provided by us in respect of your use of the HyperByte. If you have Temporomandibular Joint (TMJ) Dysfunction or vertigo, you should consult your doctor before using the HyperByte.
4.36. You must not submerge your HyperByte in water or other liquids at any time. Only use UL Certified USB chargers and cables (not included). Failure to use certified chargers and cables carry a risk of damage and overheating.
4.37. Do not lose or dispose of your HyperByte, even at the end of treatment. HyperBytes will not be reissued if you have to use them again during any Plan.
5. Guarantees, cancellations and refunds
5.1. Our product guarantees are set out in our Guarantees Policy (which can be found at /pages/guarantees), which is incorporated into, and forms part of, these Terms of Supply.
5.2. Our policy with respect to cancellations, refunds and returns is governed according to our Refund and Cancellation policy (which can be found here), which is incorporated into, and forms part of, these Terms of Supply.
6.1. This clause sets out some (but not all) of the risks of using our products and services. Your use of our products and services is always at your sole risk. By purchasing our products and services, you acknowledge and agree that you have read, and are aware of, the risks set out below and the general inherent risks of injury or ill health resulting from the use of our products and services, including from dental and alignment treatment generally.
6.2. Our products and services are not intended as a replacement to regular dental examinations and dental care. You must keep up your regular dental check-ups and care while you are using our products and services.
6.3. Orthodontic treatment and the movement of teeth bring inherit and potential risks and side effects. In the case of aligner therapy, such as our products and services, such risks include, but are not limited to the following.
Discomfort, swelling, sensitivity, numbness, sore jaw muscles, allergic reaction to dental materials, and unforeseen conditions that may be revealed during treatment which may necessitate extension of the original procedures or the recommendation of other patient–specific procedures.
The tissue attachment between the front teeth may become inflamed which is a common result of aligner treatment. The procedure required to treat this, known as a frenectomy, is not a part of our Plan and/or any of our products and services, but may be recommended by your dentist as an adjunctive treatment.
Individuals with gaps may find that such gaps may not completely close, or where they do, the space is distributed elsewhere such as in a more posterior region or distal to the canines.
Due to the shape of some teeth, after using Byte Aligners, some teeth may look uneven at the incisal edges or there may be gaps at the contact points. This requires further cosmetic work with a professional dentist to apply material that will alter the tooth shape post-orthodontic treatment, which is your sole responsibility.
6.4. You must not use our products and services if you have the following conditions: severe open bites, severe overjet, severe overbite, tooth malocclusion requiring surgical correction, mixed dentition (both infant and adult teeth), dental prosthetics or certain dental implants (depending on location), active periodontal disease, active tooth decay or cavities, permanent or bonded retainers or PETG material allergy.
6.5. In rare instances, some people may be allergic to the plastic aligner material or other included materials. If you experience a reaction, you must stop using immediately and contact a health care professional immediately. Orthodontic appliances can be accidentally swallowed or aspirated and may be harmful.
6.6. Byte may not be suitable for non-bone malocclusion deformity correction. You should call your medical professional immediately if you’re experiencing any adverse effects and get in touch anytime at firstname.lastname@example.org or 1800-298-363.
6.7. Pregnancy may also affect and interfere with your use of our products and services, including as a result of teeth movement, hormonal changes and inflammation that occurs during pregnancy and we also reserve the right to not supply our products and services to if you are pregnant and/or require that you cease or pause treatment if you fall pregnant during the course of your use of our products and services, including during your Plan. If you are, or fall, pregnant, please contact us at email@example.com or 1800-298-363.
6.8. If you have any medical conditions listed here or otherwise which you believe will interfere with your use of our products and services, you must consult with your doctor and/or dentist before proceeding with any use.
6.9. In rare cases, people may have an allergic reaction to the materials used in the Impression Kit, including vinyl polysiloxane (silicone). If you have concerns, please contact us for a complete list of ingredients. As with any dental impression, damage or loss of tooth structure, crowns, bridges, implants, bonded retainers or other dental work is possible.
6.10. Please do not use the Impression Kit with partial dentures, your partial denture must be removed when taking impressions. If you have a partial denture and want to use our Aligners:
partial denture cannot be worn during treatment; and
a new partial denture will need to be made after you have completed your Plan. The cost for the new partial denture is your responsibility. You acknowledge and agree that any replacements will be at your own expense.
6.11. Do not ingest the Impression Kit material. If you do and experience any health problems, you must seek medical attention. As with anything placed in the mouth, choking hazard is a risk, please exercise appropriate caution.
6.12. Our Aligners / Plans and other products and services must not be used by people with active periodontal disease.
6.13. Scans may be undertaken, and Scanning Locations may be owned/operated, by either Byte and/or a third party authorised by Byte.
6.14. You must follow all instructions given by, and cooperate with, Byte and/or such third parties in respect of your Scans, including providing any requested Clinical Information required as part of your Scan.
6.15. Byte’s Plan is not appropriate for all patients and comes with some risks. These include the following possibilities.
Allergic Reaction. It is possible for some patients to become allergic to the materials used to create Aligners. If you experience a reaction, discontinue use immediately and inform your primary care provider and us.
Bite Adjustment. Your bite may change during use of Aligners and may result in temporary discomfort. Your bite may require adjustment after use of the Aligners.
Black Triangles. Teeth which have overlapped for long periods of time may be missing gum tissue. When these teeth are aligned, a “black triangle” appears below the inter-proximal contact.
Cavities and Gum or Periodontal Disease. Cavities, tooth decay, periodontal disease, inflammation of the gums or permanent markings (e.g. decalcification) may occur or accelerate during use of Aligners. These reactions are more likely to occur if you eat or drink sugary foods or beverages, or do not brush and floss your teeth before inserting the aligners, or do not see a dentist for preventative check-ups at least every six months. In some circumstances discoloration or white spots may occur; small cavities may increase in size, causing sensitivity and in some cases pain or tooth breakage; gingival inflammation may increase causing soreness and or bleeding. If underlying periodontal conditions persists unchecked, they may become more prevalent and lead to tooth loss. You may have to discontinue use of Aligners and your Treatment Plan. If you experience any of these symptoms, you should seek care from your regular dentist.
Damage to Nerves in Teeth. Tooth movement may accelerate nerve damage or nerve death requiring a root canal or other dental treatment or resulting in loss of the tooth. It is not possible to predict which patients may experience nerve damage, but patients who have experienced tooth injury or had restoration work on a tooth are at higher risk. If you have nerve damage, aligner treatment may not be a good option for you. If your regular dentist detects nerve damage during your aligner treatment, treatment may need to be discontinued or tooth loss could occur.
Discomfort. Your mouth is sensitive so you can expect an adjustment period with the introduction of each aligner and some minor discomfort from moving your teeth. You may also experience gum, cheek or lip irritation when you initially use an aligner while these tissues adjust to contact with the aligner trays.
General Health Issues. Medical conditions such as bone, blood or hormonal disorders, and many prescription and non-prescription drugs (including bisphosphonates) can affect the movement of the teeth and the success of your Aligners and efficacy of your Treatment Plan.
Gum Recession: Pre-existing recession could potentially worsen with orthodontic movement or can also occur in individuals who do not currently have recession. This is a potential risk of any orthodontic treatment. We encourage you to maintain your daily oral hygiene routine and keep up with regular dentist visits and cleans.
Impacted and Supernumerary Teeth. Teeth may become impacted or trapped below the bone or gums. Sometimes some patients are born with “extra” or supernumerary teeth. If you have impacted, unerupted or supernumerary teeth, aligners may not be an ideal option for you. If you have impacted teeth you may go through the Impression Kit or Scan process to determine if Byte is right for you.
Molars. In most cases Byte does not move molars. Aligners do not cover molars all the time. In cases where your Treatment Plan is not moving molars it is not necessary to cover them.
Oral Piercings. Piercings are contraindicated during aligner therapy and therefore should be removed during treatment. In some circumstances, failure to do so could result in fractures aligners or broken teeth which will require you to discontinue aligner treatment.
Previous Dental Treatment. Aligners will not move implants and may not be effective on some dental restorations, such as bridges. Additionally, dental restorations, such as crowns, veneers, or bridges, may require replacement due to tooth movement.
Safety. Aligners may break, be swallowed or inhaled.
Shortening of Root/Resorption. The roots of some patients’ teeth become shorter (resorption) during use of Aligners. It is not possible to predict which patients will experience it, but patients who have had braces in the past are at higher risk. Resorption can impact the long-term health of teeth. If resorption is detected by your dentist during orthodontic treatment, treatment may need to be discontinued or eventful tooth loss could occur. If a primary (or “baby”) tooth is present, any orthodontic movement would accelerate the resorption process leading to its loss.
Supraeruption. If a tooth is not properly covered by an Aligner, it may migrate upwards (for lower teeth) or downwards (for upper teeth) (supraeruption) leading to difficulty cleaning, gum disease, tooth decay and loss of tooth.
Temporary Side Effects. You may experience temporary changes in your speech or salivary flow while using aligners because of the presence of the aligner tray in your mouth. You may also experience dry mouth or dryness or cracking of the lips or at the corners of the mouth.
Temporomandibular Joint Dysfunction (TMJ). Problems may occur in the jaw joints during aligner therapy causing pain, headaches or ear problems. The following factors can contribute to this outcome: past trauma or injury, arthritis, hereditary history, tooth grinding or clenching and some medical conditions.
Wisdom Teeth. The vast majority of people can proceed with Byte aligners with presence of wisdom teeth. You should consult with your regular dentist or oral surgeon to determine the need for and timing of wisdom tooth removal.
6.16. Each of the risks identified above also exists with Byte’s Night-time Plan. Night-time Aligners also have some additional risks to consider before choosing this option, including a risk that, if you chose Night-time Aligners, you will experience more discomfort than standard treatment, as there will be additional strain on your teeth after having the Aligners off each day for long periods. Our HyperByte product may help to alleviate this discomfort. Night-time Aligners may increase the risk of root damage described above. You may experience other issues such as daytime wiggling of teeth and slower whitening effects as well.
6.17. Once treatment is complete, Night-time customers may also experience a higher likelihood of shifting post treatment, which means you must remain vigilant in wearing your retainers after treatment to avoid negative dental realignment, in accordance with the Retainer section set out above.
6.18. Night-time Aligners are not suitable for all candidates and work better with mild crowding and spacing issues. Further, you may see better results with standard alignment treatment.
6.19. You may be advised by a team member to wear your Night-time aligners for longer than the originally prescribed 10 consecutive hours per night due to tracking or regression concerns based on your individual anatomy.
6.20. Type of Discoloration. The whitening system will not lighten all teeth or restorations in teeth. Blue, gray, multi–coloured, or striped discoloration may not respond to whitening. If you have gum recession or periodontal disease, the area of the tooth near the gum line may not respond to whitening. Similarly, fillings, cavities or other damage will not lighten. Use of cigarettes, wine, coffee, tea, and similar stain producing agents will also slow whitening process.
6.21. White or Tooth Coloured Fillings. White or tooth coloured fillings will not lighten or may become softer after using the whitening system. These fillings may need to be replaced after whitening to match lighter teeth or if they become soft.
6.22. Pregnancy and breastfeeding. Whitening products containing peroxide are not recommended during pregnancy. Women who are or may become pregnant and/or who are breastfeeding should talk to their usual treating doctor before using whitening products.
6.23. Sensitivity and Irritation. Gum irritation may arise from excessive use of whitening system, and the whitening agent may cause throat irritation if swallowed. Tooth sensitivity may occur during initial use. In addition, discomfort and possible permanent nerve damage can arise if whitening agent leaks into damaged or cracked teeth fillings.
6.24. Reversible. Whitened teeth can darken again over time. Reduction of certain types of foods and beverages will reduce staining of teeth.
6.25. Alternatives to Byte’s Plan include traditional braces, surgical options, and leaving your teeth as they are.
8. Cessation or refusal of supply
8.1 We reserve the right to refuse supply of any of our products and services to you without incurring any liability to you. For the avoidance of doubt, this clause will not apply to orders that were submitted by you and accepted by us prior to the exercise of our right under this clause.
8.2 We also reserve the right to cease supply of any of our products and services to you (including during any Plans) and/or terminate or suspend your Account Centre access without incurring any liability to you if:
you materially breach a provision of these Terms of Supply and, where the breach can be remedied, you fail to remedy such breach within 30 days of receiving written notice from us to do so;
we have reasonable grounds to believe that the products and/or services (including Account Centre access) that have been supplied to you are being used by you or a third party in a manner which:
is fraudulent, negligent or in breach of any applicable laws or regulations; or
infringes upon our rights or the rights of any third party (including, without limitation, any privacy and intellectual property rights); or
we have reasonable concerns in relation to your Treatment Plan and/or your oral health and safety.
9. Limitation of liability
9.1. Nothing in these Terms of Supply limit any rights you have under any applicable laws, including Australian consumer laws. In particular, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
to cancel your service contract with us; and
to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.
9.2. To the maximum extent permitted by law, you acknowledge and agree that:
your use of our products and services is entirely at your own risk; and
you are aware of the inherent risks of injury or ill health resulting from the use of our products and services, including from dental and alignment treatment generally.
9.3. Without limiting any express warranties or guarantees set out in these Terms of Supply (including our Guarantees Policy, accessible here: https://trybyte.com.au/pages/guarantees), and to the maximum extent permitted by law:
we expressly disclaim all warranties, express or implied, of any kind in respect of our products and services, including without limitation that our products and services will produce a specific outcome and/or their fitness for purpose; and
we, and our directors, officers, employees and representatives (including our Network Dentists, to the extent permitted by law), will not be liable to you for any losses and damages, including special, direct, indirect, incidental, consequential or punitive losses and damages (including for loss of profits, goodwill, use, data and/or other intangible losses) related to your purchase and/or use of our products and services and/or our reliance on any:
warranties you make under these Terms of Supply;
Clinical Information that you provide to us; and/or
any other photos, materials, and/or other information you provide to us during the course of your use of our products and services.
9.4. To the extent that we cannot exclude our liability in accordance with clause 9.3(b), and to the fullest extent permitted by law, our total liability arising out of or in connection with these Terms of Supply, however so arising (including under contract, tort (including negligence), statute or otherwise) will not exceed, in the aggregate, an amount that is equal to the amount paid by you for your purchase of our products and services to which your claim relates.
9.5. This clause will survive expiry or termination of these Terms of Supply.
To the extent permitted by law, any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Supply, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the ACICA Arbitration Rules in force at the relevant time. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
11.2. Neither party shall be in breach of any of their obligations under these Terms of Supply and will not be liable to the other Party for a delay or a failure to perform an obligation, resulting from a Force Majeure Event. For the purposes of this clause, Force Majeure Event means any act, event or cause including earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, pandemics or epidemics, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, the effect of any applicable laws, order, rules or regulations of any government or competent authority (including public health orders or directions), delays in transportation and dispositions or orders of governmental authority, which:
directly or indirectly results in the affected Party being prevented from or delayed in performing any of their obligations under these Terms of Supply; and
is beyond the affected Party’s reasonable control.
11.3. Our failure to exercise or enforce any right or provision of the Terms of Supply shall not constitute a waiver of such right or provision.
11.5. Nothing in these Terms of Supply will be taken as giving rise to a relationship of employment, agency, partnership or joint venture.
11.6. These Terms of Supply are governed by, and construed in accordance with, the laws of New South Wales, Australia.