Terms & Conditions
Service Terms
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GEM is a third-party platform that offers you, a dental provider, a place to pay for services relating to qualifying treatments from a treatment planning service provider. By choosing to use GEM and/or engage with a GEM Provider, you are agreeing to these service terms.
Your Assumption of Risk for Use of a Third-Party Service. For the avoidance of any doubt, GEM Services are third-party services and your use of the GEM Services is at your own risk. If you choose to use a GEM Provider, you agree that you are responsible for complying with the applicable Third-Party Terms.
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You Must Exercise Your Own Medical Judgment, Descriptions of completion times for specific services are estimates only and may vary from case to case. You agree that you are not under obligation to adopt or follow any advice, comments, or suggestions provided by your GEM Provider in relation to the treatment planning of your cases. You agree to exercise your own professional or clinical judgment on making final medical decisions, including whether and how to proceed with treatment. You as the treating health care professional will use your professional judgment to ensure that any treatment plan meets the applicable standard of care for your customers. It is your decision whether to adopt and use the treatment plan provided by the GEM Provider, and you are responsible for all outcomes therefrom.
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Prices and Fees. If you select to use GEM Services, you are agreeing to pay all prices, fees, and other charges that are identified during the checkout process. You are also agreeing to pay the lab fee (for clear aligners, brackets, etc., from the service provider selected) and any applicable taxes. Except as otherwise provided, GEM-related prices, fees, taxes, and other charges are non-refundable. GEM reserves the right to change fees, including fees for payment processing, at any time and, if required under applicable law, will provide notice of any fee changes before the changes become effective. Changes to price, fees, taxes, and other charges will not affect GEM Services purchased prior to the effective date of the changes. If you disagree with a price or fee change, you may terminate your use of the GEM Platform at any time.
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Payment Feature; Invoices. We enable you to make online payments via one or more third-party payment processors (“Payment Processor”). You may also choose to be invoiced by GEM. As a prerequisite to making online payments, you must create an account with and provide personal information (which may include without limitation bank or credit card information) directly to the Payment Processor. The Payment Processor may require you to accept their terms and conditions, which are independent of and not subject to these Supplemental Terms. Payment Processor may charge you additional fees. You acknowledge and agree that GEM has no responsibility and disclaims all liability with regard to (i) payments made or attempted using Payment Processor, (ii) Payment Processor’s terms and conditions or additional fees, (iii) your account with Payment Processor or any personal information you provide therein. You are solely responsible for the accuracy and completeness of the information you provide to the Payment Processor and GEM has no responsibility and disclaims all liability for any loss suffered by you as a result of incorrect or outdated information (including without limitation any charges or fees incurred for failed payments).
Two-Way Communication Feature. The GEM Platform enables you and your GEM Provider to communicate directly with one another through the GEM Platform. You agree that such communications will be limited to the topic of GEM Services, and will not be used to solicit funds, goods, or any other services. GEM will not monitor or edit the content of communications between you and your GEM Provider. You will remain solely responsible for the content of your communications with the GEM Provider, and GEM disclaims all liability for any such communications made through the GEM Platform. Notwithstanding anything to the contrary herein, GEM may retain and review communications for quality assurance (including to address allegations of misuse or inappropriate behavior by you or the GEM Provider) or for other purposes. Any communications so retained are subject to GEM’s Privacy Policy until no longer retained.
GEM Functionality May Change or Be Limited. The GEM Platform functionality may change over time. GEM may introduce new features or additional providers, impose limits on, suspend, eliminate, change, or update certain existing features or GEM Providers, or restrict access to some or all features or GEM Providers at its sole discretion.
Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with GEM Providers that apply to your use of GEM Services. For example, the GEM Provider’s preparation of a treatment plan may be considered the practice of dentistry, and it is your and your GEM Provider’s sole responsibility to not engage in the unlicensed practice of dentistry, medicine, or other licensed profession or any fee splitting arrangements prohibited under appliable law.
Disputes, Refunds and Cancellations. In the event that you have any dispute with any GEM Provider in Connection with any GEM Services, you will seek to resolve such dispute directly with the GEM Provider within a reasonable time. However, if you are unable to resolve the dispute after a reasonable good faith effort to do so, either you or the GEM Provider may contact GEM regarding the dispute at dentistrygem@gmail.com. If GEM, at its sole discretion, chooses to intervene in such dispute, then you hereby authorize GEM to resolve the dispute on your behalf in any manner GEM deems to be adequate. Notwithstanding anything to the contrary herein, once you have selected GEM Services, there are NO CANCELLATION OR REFUNDS OF GEM SERVICE FEES.