Important Information for Teeth for Life Members

Membership Agreement Terms and Conditions

Hello! I’m so happy that you want to join Teeth for Life.

Before you dive in, there’s some legal stuff I want you to read.

Unfortunately I can’t just wave a magic wand to keep you healthy and safe. Understanding what you can, and can’t, expect from this programme is an important aspect of taking responsibility for your own oral health.

I know it’s boring to read Terms and Conditions so I’ve tried to make it as easy and fast as possible. At the very least, please look at the sections I’ve linked below before clicking on the button that will take you to the sign up page.

I especially want to draw your attention to these sections:

1.  Payment Terms

2. Holistic Tooth Fairy Responsibilities 

3. Member Responsibilities

4. Disclaimer

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1.  Introduction

It is very important that you read this document carefully as it sets out important information about how to get the most from this Membership.

When you tick the box to accept this Membership Agreement, you are entering into a legally binding contract, so please consider carefully whether this Membership is right for you and contact me before continuing if you have any concerns.

If anything in this Membership Agreement is unclear, please seek independent advice to ensure you fully understand your rights and obligations. I encourage you to negotiate any clause of this Agreement which feels unfair to you.

Teeth for Life is for adults who take responsibility for your own health choices and habits which align with your holistic values.  The programme is not suitable for children under 18.

It is my aim to offer a programme of information, inspiration and support to help you integrate natural oral health habits including diet, exercise, hygiene and mindset into your life on a sustainable basis.

 However, I recognise that from time to time there may be reason for some dissatisfaction. I welcome constructive feedback as an opportunity to review and improve the programme. Please feel free to contact me at meliors@meliorssimms.com to discuss any issues that arise.

Important Dates

  • This is an ongoing monthly membership program with no set start or finish dates.
  • Membership commences from the date of your first payment.
  • Membership concludes when you discontinue your payment arrangement.
  • If you have purchased an annual subscription, your membership automatically renews in 12 months from your initial payment.

The Parties

I, Meliors Simms, trading as the Holistic Tooth Fairy, am offering you membership of the Teeth for Life programme in accordance with the terms of this agreement.

By accepting this offer, you (“the Member”) personally agree to become a member of the Teeth for Life and to be bound by the terms of this agreement.

Contact

  • Address: 30 Douglas Crescent, Hamilton, New Zealand
  • For all correspondence about payments, technical or administrative issues please email my team at support@holistictoothfairy.com
  • For all other correspondence please email me directly at meliors@meliorssimms.com
  • I may not respond to you immediately. It may take up to 72 hours to reply to your message.

2. Definitions

The following words have these meanings in this Membership Agreement:

Foundation modules: Video, audio and PDF downloads which introduce the fundamentals of the Holistic Tooth Fairy Way, available in the Teeth for Life Library on Thinkific;

Guild: The Teeth for Life Guild is a closed Facebook group available only to members of the Teeth for Life membership programme. Posts made in the group cannot be seen by or shared with anyone outside the group;

Holistic Tooth Fairy Way: My signature system, combining nutrition, exercise, hygiene and metaphysical habits for a sustainable and flexible approach to holistic oral health;

Support Calls: Regular live coaching video calls on Zoom, including Q&A, education, and live oral health coaching, for a minimum of 1 hour per month;

Intellectual Property Rights: All statutory and other proprietary rights and interests including copyrights and all rights in the nature of copyright, patents, pending patents, trademarks, service marks, trade names, domain names, designs, methods, database rights and all other intellectual property rights.

 

4. The Membership

Membership Content and Structure

  • Teeth for Life is a long-term support programme for adults to help heal current oral health problems and prevent tooth decay and gum disease.
  • Members receive access to the Fundamentals Modules introducing the Holistic Tooth Fairy Way in the Library, consisting of videos and PDF worksheets. It is recommended that new members work through the modules gradually, over 4-6 weeks. However, all modules are available in the Library as soon as membership is confirmed and can be consumed at your own pace.
  • New resources are made available regularly, in the form of videos, audios or worksheets.
  • The content is dynamic and may change as the programme develops to meet the needs of members.

Membership Methodology

Members are supported to implement the suggestions in the Fundamentals Modules and additional resources through:

  • access to the Guild, a supportive Facebook community, and
  • attending regular Support Calls with group coaching and Q&A.

Membership Participation

While it is highly recommended that you attend live so that you can have your specific questions answered, the regular Support Calls are recorded for those who cannot be there, and so you can revisit the content at a later date.

 Unfortunately, even the Holistic Tooth Fairy cannot wave her magic wand and instantly fix the issues with your teeth. The more you participate in the Support Calls and the Guild, the more you ask questions, and implement what is appropriate for your circumstances from the other educational materials provided, the more chance there is that you will notice an improvement.

Cancellation of scheduled Support Calls

  • Unexpected circumstances such as illness or family needs may cause a scheduled Support Call to be cancelled or postponed.
  • If a workshop or scheduled live call needs to be cancelled, I will endeavour to either reschedule it for another time within the month or make it available as a recording.

3.  Payment

  1. Payment Terms
  • You agree to pay membership fees as follows:
    1. $48 AUD monthly fee; or
    2. $480 AUD annual fee.
  • Membership is charged in Australian Dollars.
  • If you are a New Zealand resident only the membership fee is inclusive of New Zealand GST.
  • Payment of membership fees is due at the time of enrolment.
  • Payment is made via Paypal, or credit card through a third party provider (Stripe),that collects credit card details and stores your sensitive information securely.
  • Occasionally there may be specials and promotional offers which differ from the above price. If there is a current promotion running, the price will be stated at the time of signing up, through the Holistic Tooth Fairy website. You are committing to the membership at the price you signed up for. If you purchased prior to December 2019, and keep your subscription current I will honour your original rate for the life of the programme.
  • No refunds will be offered the event that the membership fees you paid are more than the current promotional offer.
  • The subscription prices for new members may increase at any time. Your subscription fee will never be more than the original rate you signed up with, for as long as your subscription is renewed on time and remains current.
  • A tax invoice will be issued on request, after receipt of payment.

Late Payments

  • If a recurring payment fails to complete, a reminder will be sent by email, giving you 7 days to update your financial details. No late fees will be charged.
  • After 7 days, if your payment is not completed, your membership will be terminated. You may be at risk of losing your lower membership rate if you decide to re-join us later and price rises have occurred since your previous enrolment.

Money Back Guarantee

  • If you have purchased a Monthly Membership, you are entitled to a money back guarantee if your request is received within 7 days of making your payment.
  • If you have purchased a Yearly Membership, you are entitled to a money back guarantee, less a $30 AUD administration fee, if your request is received within 28 days of making your payment.
  • Your money back guarantee may be claimed within the appropriate time period by making your request in writing to support@holistictoothfairy.com.

Withdrawal from Membership

  • If you do not wish to renew your Monthly Membership at the end of a month, you must cancel the automatic payment or notify me via email at least 7 days before your next renewal date.
  • If you do not wish to renew your Annual Membership at the end of 12 months, you must cancel the automatic payment or notify me at least 7 days before the membership is due for renewal.
  • You can cancel your membership subscription at any time and continue to have access to Thinkific and the Guild on Facebook until the term covered by your final payment expires. There is no refund available after the expiration of the Money Back Guarantee period.

 

5. Holistic Tooth Fairy Responsibilities

Obligations

  • It is my duty to supply the content and resources listed in clause Membership clause.
  • I am responsible for providing up-to-date educational resources, research and information to the best of my abilities. As the field of holistic oral health research and practice is dynamic, this information may be updated often.  I endeavour to provide the latest information and research to support the content. However, I make no promises regarding the accuracy, relevance or quality of the content or the methods used in my work.
  • It is my duty to manage, monitor and maintain a respectful space within the Guild.
  • It is my duty to respond within a reasonable time frame to any questions that tag me within the Guild.
  • It is my responsibility to NOT provide medical or dental advice. My role is to exclusively provide educational content and information only.
  • I am not responsible for advice, comments and interactions between members.
  • I am not responsible for the health outcomes that members do or do not experience.
  • I may modify these terms and conditions at any time. I will notify current members via email and the Guild if there are significant changes. If you consider that any changes affect your membership unreasonably, please contact me to discuss. Otherwise you are presumed to agree with, and to be bound by, any changes.

 

6.   Member Responsibilities

Obligations

As a participant in Teeth for Life, you understand that you are expected to:

  • Attend all live calls or watch recorded calls, workshops or classes to enable you to progress through the Teeth for Life programme.
  • Be non-judgmental, respectful and positive in all communications within the Membership group at all times.
  • Contact me any time you experience any difficulties or challenges during the programme or require personal support for any reason. Personal support may require additional paid sessions with me, depending on the complexity of the issues or challenges raised.
  • You accept and agree that you are fully responsible for your progress through the programme and any results you do or do not achieve.
  • You accept and agree that you must complete the Foundation Modules to obtain the full benefit of the programme.
  • You accept and agree that:
    1. individual results may vary;
    2. it is possible that you may not achieve your expected results; and
    3. the outcome you experience is solely dependent upon your participation, and personal situation, and is beyond the scope of my responsibility.
  • You accept and agree that you are to maintain a respectful environment within the Guild. Any disrespectful comments or behaviour may result in being removed from the Guild, with no grounds for a refund. You may still maintain access to the course videos if you request and receive written permission.

Indemnity

  • You unconditionally agree that you are choosing to join the Teeth for Life Membership at your own risk, and that all elements of this programme are provided as an educational and informational service only.
  • The information and suggestions in Teeth for Life are provided for you to use on yourself and your own family, with common sense, and only if you have conducted your own research, and satisfied yourself as to the safety and wisdom of a particular course of action.
  • Membership in this programme does not, under any circumstances, qualify you to offer holistic teeth health advice for your own clients.
  • I, Meliors Simms, am not a dental or health professional. The information I provide is based purely on my own personal experiences and extensive research.
  • I do not and cannot give general or individual advice on dental decisions. If you have any concerns at all about the appropriateness of a particular course of action, if you are in pain, or if there is any other circumstance that worries you, it is your responsibility to immediately seek properly qualified advice from a dental professional.
  • I do not offer any representations, warranties, or guarantees, verbally or in writing, regarding members’ results from this program. Any results that I or other members share with you are solely the result of personal experience and are not indicative of what you can expect.
  • Results are in no way dependent on any information that I may provide to you. Teeth are extremely unique and personal. The factors such as lifestyle choices, genetics and family history that have created your teeth today are unique and personal. Your results will also be unique and personal, influenced by physical, mental and emotional factors as well as your commitment to learning about holistic teeth practices and the effort you put into improving your dental habits.

Resources

Members need a computer and reliable internet access.

Audio-visual Recordings

Members may record live calls but may not share them outside of the Membership. Please be respectful of the personal details that other Members may share during the calls, and only watch them in a private place.

Membership Details

It is your responsibility to ensure that the details provided by you in Schedule 1 are correct. These details will be used to maintain the database of current members, notify you of changes to Teeth for Life and provide you with updates to ensure you get the most value from your membership. Should your details change at any time you must notify me of the change as soon as possible.

Correspondence

Members may correspond with me through email: meliors@meliorssimms.com or by tagging me in a post in the Guild on Facebook. I prefer not to correspond on Messenger.

Non-competition

You may not use any of the materials available through the Teeth for Life membership programme, or any other material created or owned by me, Meliors Simms, in any manner that infringes any of my rights or that has not been authorised by me.

Providing Services to Other Members

When you become a Member, you may introduce yourself and include information about your business in an #intro post in the Facebook group. No other business promotion is allowed in the Guild, unless you have been invited to do so in a dedicated thread.

7. Relationship of the Parties

Members engage me as an independent contractor to provide them with the Teeth for Life educational programme. Nothing in this Agreement will constitute or deem either of us to be a partner, employee or agent of the other.

8.    Disclaimer

1. Important Information

  • Membership in Teeth for Live is not a substitute for professional dental advice. Nor does it provide you with any qualifications that could be used professionally.
  • The purpose of Teeth for Life is to educate you about alternative and complementary approaches to your oral health that support effective self care of teeth and gums, and to encourage you to form an active, aware alliance with dentists and other health professionals who provide you with dental health services.
  • If your teeth or gum health deteriorates, or pain persists you should seek urgent advice from a dentist or doctor. The risks of leaving serious teeth and gum infections untreated include chronic illness, autoimmune disease and even death.
  • When choosing to act on the information and advice that I provide, you need to consider your other health issues, medical history and personal circumstances. It is very important that you conduct your own research to confirm whether acting on this advice is appropriate for you and in your best interests. You agree to take full responsibility for your own health and well-being. This is an essential condition of the grant of membership.
  • It is essential that you discuss any concerns you may have before signing up to the membership programme. If any concerns, pain or health issues arise during your membership you should seek advice from a dental professional.

    2. Source of Claims

  • The information I provide and any claims I may make are based on my research in this area, my own personal experience and the anecdotes and results shared by some of my clients. From these sources, I have gathered evidence to suggest that the self help strategies taught in Teeth for Life may have the potential to remineralize cavities, halt tooth decay, whiten teeth, stabilize gum recession, halt gum disease, prevent tooth decay, and prevent gum disease.
  • The strategies shared in Teeth for Life may not be able to resolve chronic abscesses, fill in large cavities or reverse advanced gum disease.
  • Holistic oral health is a dynamic area of research and growth. The information delivered in this programme may change over time, as I am constantly researching. Therefore it is extremely important for members to conduct your own research and make your own informed decisions before taking action.

    3. Guarantees and Warranties

  • The results of membership in Teeth for Life are dependent on the individual member’s commitment, health, personal factors and circumstances.
  • Members should not rely on Teeth for Life to resolve acute problem such as pain and infection quickly.
  • In case I have not made this clear enough, I cannot guarantee that you will achieve the results that you desire, and it can be dangerous for you to self-treat or ignore serious oral infections.

 

4. Limitations of the Teeth for Life membership programme

I am not a dentist or a medical practitioner and I am not qualified to offer dental advice. You retain full responsibility for your actions.

 

9. Intellectual Property& Privacy

1. Confidential Information

The information delivered in this programme is for personal use and may be shared with your immediate family only.It must not be used commercially or shared publicly without my written permission.

2. Copyright

  • The resources provided in Teeth for Life include worksheets and workbooks for members’personal use and use with your immediate family only.
  • Teeth for Life resources are not to be shared, published or sold.
  • I, Meliors Simms, retain copyright of all the information I share in the Teeth for Life programme, including the right to be identified as the author of the work, and the right to control how it can be published, shared or sold.

3. My Confidential Information

During this programme I may share personal information with you about myself and my own oral health experiences. This information may be highly sensitive and must not be shared outside of the membership.

4. Members’ Confidential Information

  • I understand that as the programme progresses, you may feel like sharing your own personal story, including highly sensitive information about your health, medical history and general well-being. I promise to treat any of your personal information that you choose to share in the context of the programme with complete confidentiality, and I will take all reasonable steps to ensure that other members of the programme do so too.
  • You agree to treat any personal information shared by or about other members with complete confidentiality.

10. Dispute Resolution

1. Negotiation

  • If you have any issues or complaints arising out of your use of this programme or these terms and conditions, you and I agree to make a genuine effort to resolve the dispute through negotiation and discussion.
  • All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by all involved, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.

2. Alternative Dispute Resolution

  • If we are unable to resolve a dispute by negotiation and discussion within 14 days, we agree to proceed to mediation with the assistance of an accredited mediator who is neutral and independent. The mediator is to be appointed by agreement between us, or failing agreement within 21 days of the first notification of the dispute, by a person appointed by AMINZ (Arbitrators’ and Mediators’ Institute of New Zealand: http://www.aminz.org.nz/).
  • The Arbitrators’ and Mediators’ Institute Mediation Rules shall apply to the mediation.
  • We agree to share the costs of mediation equally between us.

3. Litigation

Litigation is to be considered a last resort and may not be commenced until, in the opinion of the independent mediator, the potential for negotiation and mediation have been exhausted.

4. Mutual Non-Disparagement

Both parties agree to act in good faith and communicate disagreements out of the public eye. We will avoid any behaviour or communication which might  reasonably be expected to interfere with the business and/or personal interests of the other.

11. Limitation of Liability

  • Through this membership programme, my aim is to share information with you and support you to implement it appropriately, but you are in control of your decisions and actions. The programme is only making recommendations or suggestions, and what you do with this information is entirely up to you. In no event shall I be liable to you for any costs, loss, injury or damage that you or your family my suffer.
  • You agree that your participation in the Membership, including all activities you undertake within the Membership, is entirely voluntary. You expressly agree to accept all risk of injury and/or damage that may arise from your participation.
  • You expressly agree that if this clause is unenforceable for any reason, my total cumulative liability for all causes of action of any kind shall not exceed the amount that you have paid for your membership under clause 3(a).

12. General Provisions

1. Jurisdiction

The validity, interpretation and performance of this Membership Agreement will be governed by the law of New Zealand.

2. Whole Agreement

This Membership Agreement comprises the whole agreement between the parties concerning the Membership and replaces any prior agreement, arrangement or understanding regarding the Membership.

3. Variation

This Membership Agreement may be varied by email correspondence between us.

4. Survival of clauses

Clauses 3, 9, 10, 11 and 12 are essential terms of this Membership Agreement and survive the termination of the Agreement for any reason.

5. Severability

If any part of this Membership Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part of this Membership Agreement.

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