Terms and Conditions

Effective Date: 1 January 2025

Last Updated: 7 April 2026

1. Introduction and Acceptance

These Terms and Conditions (Terms) govern your access to and use of the website located at xosmiles.com.au (Website), and the dental, surgical, and implant services provided by Dr Christine May and ViDe Virtual Dental Pty Ltd trading as XO Smiles (XO Smiles, we, us, or our). By accessing the Website, booking an appointment, or receiving services, you (Patient, you, or your) agree to be bound by these Terms. If you do not agree, you must not use the Website or engage our services.

These Terms should be read in conjunction with our Privacy Policy, Consent Forms, and any Treatment Plans provided to you.

2. About Our Services and Practitioner Registration

2.1 Services

XO Smiles provides dental services including, but not limited to, surgical extractions, dental implant placement and restoration, bone grafting, soft tissue management, and related consultations. Services may be provided at affiliated clinical premises or contracted locations as notified to you.

2.2 Practitioner Registration and Title

Dr Christine May is a registered dental practitioner with the Australian Health Practitioner Regulation Agency (AHPRA). Her registration details, including registration number, division, and any conditions or undertakings, can be verified at www.ahpra.gov.au.

In accordance with the Health Practitioner Regulation National Law (National Law) and AHPRA’s Guidelines for Advertising a Regulated Health Service, the title “Dr” as used by Dr Christine May refers to a registered dentist and does not denote registration as a medical practitioner. Dr Christine May does not hold specialist registration with the Dental Board of Australia. References to areas of clinical focus (such as surgical and implant dentistry) reflect areas of special interest and additional postgraduate training, and should not be interpreted as specialist registration or endorsement under the National Law.

2.3 Scope of Practice

All dental treatment provided by XO Smiles is delivered within the practitioner’s scope of practice as defined by the Dental Board of Australia’s Scope of Practice Registration Standard and associated Guidelines. Dr Christine May will only perform dental treatment for which she has been educated, trained, and is competent, in accordance with the Code of Conduct for registered health practitioners.

3. Regulatory Framework

XO Smiles operates in compliance with the following regulatory instruments, as amended from time to time:

the Health Practitioner Regulation National Law Act 2009 (Qld) and corresponding National Law;
the Code of Conduct for registered health practitioners (effective 29 June 2022), as adopted by the Dental Board of Australia;
AHPRA’s Guidelines for Advertising a Regulated Health Service;
AHPRA’s Guidelines for Practitioners Who Perform Non-Surgical Cosmetic Procedures and Guidelines for Advertising Higher Risk Non-Surgical Cosmetic Procedures (effective 2 September 2025);
the Dental Board of Australia’s Scope of Practice Registration Standard and Guidelines;
the Australian Dental Association (ADA) Code of Ethics and relevant policy statements;
the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law;
the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs);
applicable Queensland health legislation, including the Health Ombudsman Act 2013 (Qld).

4. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel the service contract and obtain a refund for the unconsumed portion, or to compensation for the reduction in value of the services supplied. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unconsumed portion.

5. Limitation of Liability

5.1 General Limitation

To the maximum extent permitted by law, and subject to clause 4, the total aggregate liability of XO Smiles and Dr Christine May (whether arising in contract, tort including negligence, statute, or otherwise) in connection with the provision of services or use of the Website is limited to:

the cost of re-supplying the relevant services; or
the payment of the cost of having the relevant services re-supplied,

at our election.

5.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, XO Smiles and Dr Christine May exclude all liability for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of income, loss of profits, loss of business, loss of data, emotional distress (except where required by law), or any claim by a third party, arising out of or in connection with the use of the Website or the provision of services, even if we have been advised of the possibility of such damages.

5.3 Clinical Outcomes

Dental and surgical treatment outcomes depend on numerous factors, including but not limited to: patient health, compliance with post-operative instructions, biological variability, pre-existing conditions, medications, and smoking status.

XO Smiles and Dr Christine May do not guarantee any particular clinical outcome. Any estimates of treatment outcomes, timelines, or success rates provided during consultation are indicative only and are based on clinical experience and available evidence; they do not constitute a warranty, guarantee, or representation of a specific result.

This clause is consistent with, and should be read in light of, section 133(d) of the National Law, which prohibits the creation of unreasonable expectations of beneficial treatment.

5.4 No Liability for Third-Party Products or Services

To the extent permitted by law, we accept no liability for defects in third-party products, including but not limited to implant components, prosthetic materials, bone grafting materials, pharmaceuticals, or laboratory-fabricated items, except to the extent such liability arises under the Australian Consumer Law. Claims relating to third-party products should be directed to the relevant manufacturer or supplier.

6. Informed Consent

XO Smiles is committed to the principles of informed consent as set out in the Dental Board of Australia’s Code of Conduct for registered health practitioners. Prior to commencing treatment, you will be provided with information about:

the proposed procedure and its purpose;
the material risks, complications, and side effects;
the expected benefits and likelihood of success;
alternative treatment options, including no treatment;
the estimated costs; and
any relevant limitations of the proposed treatment.

Your informed consent will be obtained in writing where required. Consent is an ongoing process; you may ask questions and withdraw consent at any time prior to the commencement of a procedure.

6.1 Patient Acknowledgements

You acknowledge and agree that:

dental and surgical procedures carry inherent risks, including but not limited to infection, bleeding, nerve damage, implant failure, sinus complications, pain, swelling, allergic reactions, and the need for further treatment;
it is your responsibility to disclose all relevant medical history, medications (including over-the-counter, herbal, and complementary medicines), allergies, lifestyle factors (including smoking and alcohol consumption), and any changes to your health prior to and during the course of treatment;
failure to disclose material health information or failure to follow pre-operative and post-operative instructions may adversely affect treatment outcomes and may limit our liability to the extent permitted by law;
you have a right to seek a second opinion at any time;
where treatment involves a cosmetic component, you understand that a cooling-off period may apply in accordance with AHPRA’s guidelines for cosmetic procedures, and that you may be required to attend a separate consultation prior to the procedure being performed.

6.2 Cooling-Off Period for Cosmetic Procedures

In accordance with AHPRA’s Guidelines for Practitioners Who Perform Non-Surgical Cosmetic Procedures (effective 2 September 2025), where a dental procedure is marketed or provided as a cosmetic enhancement (including but not limited to veneers, teeth whitening, and smile design procedures), a mandatory cooling-off period and separate assessment consultation may apply. XO Smiles will advise you of any applicable cooling-off requirements before proceeding.

7. Advertising and Website Content Compliance

7.1 Compliance with Section 133 of the National Law

All content published on the Website and in any marketing material produced by or on behalf of XO Smiles is intended to comply with section 133 of the Health Practitioner Regulation National Law, which prohibits advertising of regulated health services that is:

false, misleading, or deceptive, or likely to be misleading or deceptive;
offering a gift, discount, or other inducement without stating the full terms and conditions;
using testimonials or purported testimonials;
creating an unreasonable expectation of beneficial treatment; or
directly or indirectly encouraging the indiscriminate or unnecessary use of regulated health services.

7.2 Testimonials

In compliance with section 133(c) of the National Law, XO Smiles does not use patient testimonials or purported testimonials in any advertising material, including on the Website, social media, brochures, or any other medium. Where patient reviews appear on third-party platforms (such as Google or Facebook), XO Smiles does not solicit, promote, share, “like,” or otherwise endorse reviews that reference clinical outcomes. If you encounter content on any XO Smiles platform that you believe may contain testimonial material, please notify us so that we may review and take appropriate action.

7.3 Before and After Images

Any clinical images published on the Website or in marketing materials are used in accordance with AHPRA’s guidelines. Before and after images, where used, accurately represent outcomes achieved under specific clinical circumstances and include appropriate contextual information. They should not be interpreted as a guarantee or representation of the outcome that any individual patient will achieve. Patient consent is obtained for all clinical images used for educational or marketing purposes.

7.4 Claims and Evidence

All clinical claims made on the Website or in marketing materials are supported by reasonable evidence acceptable to the relevant health profession. XO Smiles does not make claims of superiority over other practitioners or services unless substantiated by objective evidence.

7.5 Discounts, Offers, and Inducements

Any offers, discounts, or inducements advertised by XO Smiles will include full terms and conditions as required by section 133(b) of the National Law. Such offers are not intended to encourage unnecessary treatment and are subject to clinical appropriateness as determined by the treating practitioner.

7.6 General Information Only

The content on the Website is provided for general informational purposes only. It does not constitute dental or medical advice, a diagnosis, or a treatment recommendation. Information on the Website should not be relied upon as a substitute for professional clinical consultation. Individual clinical circumstances vary, and treatment outcomes cannot be predicted from general information.

8. Use of Titles and Professional Descriptions

In accordance with the National Law and AHPRA’s advertising guidelines:

the title “Dr” as used by Dr Christine May refers to a registered dentist and does not indicate medical practitioner registration;
references to “surgical dentistry” and “implant dentistry” describe areas of special interest and additional postgraduate education, and do not denote specialist registration under the National Law;
the words “specialist,” “specialises in,” “specialty,” or “specialised” are not used on the Website or in any marketing material in a manner that could imply specialist registration unless Dr Christine May holds such registration;
where qualifications are displayed, they are verified and accurately represent registrations, degrees, diplomas, and professional memberships held.

9. Fees and Payment

9.1 Quotations and Estimates

All quotations and treatment plans are estimates only and are valid for 30 days unless otherwise specified. Final fees may vary if the scope of treatment changes, additional procedures are required, or unforeseen clinical circumstances arise. You will be informed of any material changes to estimated fees before additional treatment is provided, where clinically practicable. This is consistent with the Code of Conduct obligation to discuss fees with patients before treatment.

9.2 Payment Terms

Payment is due at the time of service unless alternative arrangements have been agreed in writing. We accept payment by cash, EFTPOS, credit card, and approved health fund claims. Any outstanding balances not paid within 14 days of the due date may incur an administration fee and may be referred to a debt collection agency. You will be responsible for all reasonable costs of debt recovery, including collection agency fees and legal costs, to the extent permitted by law.

9.3 Health Fund Rebates

Health fund rebates and gap payments are determined by your health insurer, not by XO Smiles. We make no representation or warranty as to the level of rebate you will receive. It is your responsibility to confirm your level of cover with your health fund prior to treatment.

9.4 Cooling-Off and Refunds

Services that have been commenced or completed are generally non-refundable, except where required under the Australian Consumer Law or where a refund is agreed at our discretion. Deposits for planned treatment may be refundable if cancellation occurs more than 48 hours prior to the scheduled appointment.

10. Appointments and Cancellations

We require a minimum of 48 business hours’ notice for cancellation or rescheduling of appointments. Failure to provide adequate notice, or failure to attend a scheduled appointment without notice, may result in a cancellation fee equivalent to a standard consultation fee. This fee reflects the reserved clinical time and resources.

We reserve the right to reschedule or cancel appointments due to clinical emergencies, practitioner illness, or unforeseen circumstances. We will provide as much notice as reasonably practicable in such cases.

11. Clinical Records and Record Keeping

Clinical records are created, maintained, and stored in accordance with the Dental Board of Australia’s Code of Conduct, the Health Practitioner Regulation National Law, the Privacy Act 1988 (Cth), and applicable Queensland health records legislation.

Records will be retained for the minimum periods required by law. For adult patients, clinical records are generally retained for a minimum of seven (7) years from the date of the last entry. For patients who were children at the time of treatment, records are retained until the patient turns 25 years of age, or for seven (7) years from the date of last entry, whichever is later.

You have a right to request access to your clinical records in accordance with the Australian Privacy Principles. Requests should be made in writing. An administrative fee may apply for the preparation and provision of records.

12. Privacy

We collect, use, store, and disclose personal and health information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and applicable Queensland health records legislation. Our Privacy Policy, available on the Website, sets out in detail how we handle your information.

We will not disclose your personal or health information to third parties except where required or authorised by law, with your consent, or as necessary for the provision of your treatment (for example, referral to a specialist, pathology laboratory, or health fund).

13. Complaints and Dispute Resolution

XO Smiles is committed to resolving concerns promptly and in accordance with the Code of Conduct. If you have a complaint about our services, we encourage you to raise it with us directly in the first instance:

Email: smile@xosmiles.com.au

Phone: 0432088920

If a complaint cannot be resolved directly, you may contact:

Australian Health Practitioner Regulation Agency (AHPRA): www.ahpra.gov.au or 1300 419 495
Office of the Health Ombudsman (Queensland): www.oho.qld.gov.au or 133 OHO (133 646)
Australian Dental Association (Queensland Branch): www.adaqld.com.au
Dental Board of Australia: www.dentalboard.gov.au

You may also lodge a complaint directly with AHPRA or the Office of the Health Ombudsman at any time; you are not required to raise a complaint with us first.

14. Website Terms of Use

14.1 No Warranties

To the maximum extent permitted by law, the Website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the accuracy, completeness, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website.

14.2 Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, is the property of XO Smiles or its content suppliers and is protected by Australian and international copyright laws. You may not reproduce, modify, distribute, or republish any content from the Website without our prior written consent.

14.3 Third-Party Links

The Website may contain links to third-party websites. These links are provided for convenience only. We do not endorse, and accept no responsibility for, the content, privacy policies, or practices of third-party websites.

15. Indemnity

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless XO Smiles, Dr Christine May, and their officers, employees, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

your breach of these Terms;
your provision of false, misleading, or incomplete information (including medical history);
your failure to follow reasonable clinical instructions, including pre-operative and post-operative care instructions; or
your use of the Website in a manner not authorised by these Terms.

16. Professional Indemnity Insurance

Dr Christine May holds professional indemnity insurance as required by the Dental Board of Australia’s Professional Indemnity Insurance Arrangements Registration Standard. Details of coverage are available upon request.

17. Continuity of Care and Referral

In accordance with the Code of Conduct, where treatment requires care beyond the scope of practice of XO Smiles, or where a specialist opinion is clinically indicated, we will facilitate an appropriate referral. We will provide you with sufficient information to make an informed decision about your ongoing care.

If the practitioner-patient relationship is terminated by either party, XO Smiles will take reasonable steps to ensure continuity of care, including facilitating the transfer of clinical records to your new treating practitioner upon written request.

18. Force Majeure

We will not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government restrictions, supply chain disruptions, power failures, telecommunications failures, or industrial action.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect. Where possible, the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties’ original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy, any Consent Forms, and any Treatment Plans provided to you, constitute the entire agreement between you and XO Smiles in relation to the subject matter of these Terms. They supersede all prior representations, understandings, and agreements, whether written or oral.

21. Amendments

We reserve the right to amend these Terms at any time. Updated Terms will be published on the Website with a revised effective date. Your continued use of the Website or our services after publication of amended Terms constitutes acceptance of the amended Terms. We will take reasonable steps to notify existing patients of material changes. We encourage you to review these Terms periodically.

22. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and any courts of appeal therefrom.

23. Contact Information

If you have any questions about these Terms, please contact us:

XO Smiles — Dr Christine May, Dentist

Website: www.xosmiles.com.au