ONE DS LOYALTY PROGRAM Terms & Conditions

1.1 OVERVIEW

The DS POINTS PLUS® LOYALTY PROGRAM (the “Program”) is a loyalty reward program offered by DENTSPLY SIRONA PTY LTD (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible at https://www.dentsplysirona.com/en-nz/customer-support/ds-points-plus-benefits.html (the “Program Website”) and any other related sites and applications referred to on the Company’s website (www.dentsplysirona.com) or on the Program Website.

The Program allows qualifying persons who have completed the membership enrolment steps (each, a “Program Member”), including creation of a rewards member account (“Account”) in accordance with these Terms and Conditions, to collect points when making purchases on items sold online by the Company (“Eligible Purchases”) at https://dentsplysirona.com/en-nz/shop.html (the “DS Site”) and to redeem these points for rewards or benefits offered by the Company.

Program Members acquire no vested right or entitlement to the continued availability of any particular reward, benefit or redemption level.

1.2 TERMS AND CONDITIONS

These Terms and Conditions, together with any terms set forth on the Program Website (collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time. The Company will provide Program Members with no less than 30 days’ prior notice of any change to the Program Terms. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated. We encourage Program Members to review the Program Terms each time they access the Program Website or seek to redeem points on the DS Site.

Program Members expressly acknowledge that the Program is intended to be a promotional discount program. Redemption of Program points earned on applicable purchases of Company goods shall represent discounts on the future eligible purchases made by the Program Member.

1.3 ACCEPTANCE

By using or enrolling in the Program, you accept and agree to be bound by the Program Terms, including these Terms and Conditions. If you continue to use the Program after we have changed the Program Terms in accordance with clause 1.2, you will be deemed to have accepted the amended Program Terms.

2.1 MEMBERSHIP ENROLMENT

Membership is free to qualifying persons and no initial purchase is required in order to become a Program Member. To become a valid Program Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms.

You verify that any contact information provided to the Company, including, but not limited to, your mailing address, phone number, email address, residential phone number, and mobile phone number are true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to the Company. You acknowledge that by voluntarily providing your telephone numbers to the Company, you expressly agree to be contacted at the telephone numbers you provide for any purpose related to your membership of the Program.

2.2 PASSWORDS AND SECURITY

In order to enrol in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for any and all activity that occurs on your Account. If you suspect any unauthorised use of your Account, you must notify us immediately. You agree to provide us with correct and complete Account information at all times and inform us of any changes to the information you have provided. We will keep your ID confidential. Limit one Account per practice.

2.3 SUSPENSION RIGHTS; CAPACITY

If the Company reasonably determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company, the Company may, in its sole discretion in order to protect the legitimate interests of the Company, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the points in such Program Member’s Account, and/or revoking the Program Member’s participation in the Program, in each case, with or without advance notice to the Member (as may be reasonable practicable) and, to the maximum extent permitted by law, without liability to the Company. Any suspension or termination will not affect your obligations to the Company under these Program Terms. Upon suspension or termination of your access to the Program Website, or upon notice from the Company, all rights granted to you under these Program Terms will cease immediately and you agree that you will immediately discontinue use of the Program Website. The provisions of these Program Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these Program Terms, as well as the indemnities, releases, disclaimers and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action and arbitration.

Points will not be awarded if, in the Company’s reasonable opinion, the merchandise purchased with Program points will be used for resale or non-clinical use.

Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals within Australia and New Zealand, above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorised such Membership and is not otherwise restricted under these Terms and Conditions. Those who have trade agreements in place e.g. Government, University/School, Community Groups, Hospitals, Corporate customers and buying groups are not eligible to participate. If a Member does not meet the capacity requirements set out above, all points awarded to such Member may be forfeited with immediate effect and the Account may be suspended or closed.

2.4 CHANGE IN INFORMATION

Program Members are required to advise the Company of any change to their email or mailing address information (or other contact information) within thirty (30) days of such change.

The Company will not be responsible for any communication not received or read by a Program Member.

2.5 INACTIVE ACCOUNTS

A Program Account is deemed to be inactive if points are not earned in connection with such Account for a period of two (2) years. The Company will notify the Program Member no later than six (6) months prior to their Program Account being deemed inactive to notify them of such upcoming event. Once an Account is deemed to be inactive, all points in such Account may, in the Company’s sole discretion, be forfeited by the Program Member.

2.6 ACCOUNT CLOSURE

You may choose to cease your Membership or close your Account at any time for any reason.

Points are reduced to zero and forfeited upon closure of a Membership and any Account for any reason (including inactivity in accordance with clause 2.5).

2.7 SECURITY

If an Account is used by any other person, all points earnt through purchases or spent through redemption by such other person will be credited to the Program Member’s Account. The Company assumes no liability or responsibility for points redeemed by any person(s) prior to a notification to the Company’s Customer Support team that the Account has been compromised. Any points redeemed prior to notification shall be at the Program Member’s risk.

3.1 COLLECTION; REDEMPTION

Points can be earned by Program Members in connection with purchases of goods made through the Company online through the Program Website (except for purchases of Clinical Education courses), regardless of method of payment, provided that the Account is presented/entered at the time of purchase. Orders placed through the Company’s Customer Support team via phone, in person, or other non-DS Site medium do not earn points. Points are awarded to the Program Member’s Account at the time of invoicing of the product purchases, which may be later than the date on which the qualifying purchase is made on the DS Site.

Points are calculated on a daily basis on accumulated up-to-date goods purchase.

Points can be redeemed for rewards. When enough points have been accumulated to obtain the reward(s) desired, redemption may occur online as set forth on the DS Site. In order to redeem points on a purchase, the Program Member must have sufficient points to cover the entire reward “purchase” at the time of redemption. The redemption schedule, available rewards and other information is available on the Program Website. For the avoidance of doubt, the Company may from time to time offer to sell goods on the Program Website that are not eligible for redemption with points. Program Members will not be given an option to “purchase” such products with points on the Program Website.

Points are earned based on GST-exclusive value of goods and/or services purchased. The redemption of loyalty points shall represent discounts to GST exclusive value of goods and/or service purchased plus related shipment and handling fee.

Points are redeemed on a ‘first-in, first-out’ basis whereby points earned on an earlier date will be used for redemptions before points earned on a later date.

A Program Member must provide their Account when redeeming points in order to protect the integrity of the Program Member’s points balance. Each Program Member is responsible to ensure that all Personal Information is correct and up to date. The Company reserves the right to block redemptions where the Program Member’s information is inaccurate or incomplete. Program Members are solely and entirely responsible for keeping their Account secure.

3.2 VALUE

Points have no cash value and cannot be exchanged for cash. The accumulation of points does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, or any other benefit. The Company assumes no liability to Program Members with regard to the addition or deletion of items from or for which points can be collected and/or redeemed.

3.3 EXPIRY

Points will automatically expire at the end of the month that is two (2) years after the month during which the points are earned. For example, any points earned by a Program Member in July 2025 will expire on 31 July 2027 (if the points are not redeemed by the Program Member beforehand or otherwise forfeited in accordance with the Program Terms). Program Members will be able to view the points that are expiring at the end of each month on their Account dashboard.

Program Members can also use any accrued DS Points Plus points (i.e. any points earned before 30 May 2025) as part of the ONE DS Loyalty Program. DS Points Plus points are of equal value to the ONE DS Loyalty Program points. DS Points Plus points will either be redeemed in accordance with clause 3.1 or forfeited if the applicable Account is deemed to be inactive or is otherwise closed in accordance with clause 2. Program Members must use their DS Points Plus points for any redemptions before they use the points earned under the ONE DS Loyalty Program.

3.4 TRANSFERABILITY

Except as permitted from time to time by the Company in writing, points cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon the death of a Program Member.

3.5 RETURN/EXCHANGE POLICY

In the event of a return of any eligible purchase that initially earned points, such points will be deducted automatically from the Account that was used for the eligible purchase (whether or not the Account is presented at the time of return and/or exchange). Points will be deducted at the same rate as they were earned.

In the event of an exchange of any eligible purchase that initially earned points, the Program Member will be entitled to keep the points earned for the eligible purchase. If the eligible purchase is exchanged for a product of higher value, the Program Member will not be entitled to any additional points.

Where products are acquired through the redemption of points, upon the return and/or exchange of products awarded through the redemption of points, all redeemed points will be forfeited.

3.6 PROMOTION

From time to time, the Company may advertise or offer exclusive offers to select Program Members to earn or redeem points for transactions that would ordinarily be excluded from the Program. Unless otherwise stated in the terms and conditions of the applicable offer, the accrual, expiry and redemption of such points will be governed by the Program Terms. All benefits and discounts are provided in compliance with relevant laws and Codes of Practice in Australia and New Zealand, for example: https://assets.cdn.thewebconsole.com/S3WEB9942/images/ADIA-Code-of-Practice---Edition-2.pdf and https://mtanz.org.nz/filescust/CMS/Training/Code_of_Practice_2016.pdf

3.7 REWARDS LEVELS 

Program Members are eligible for specific rewards levels based on the value of eligible purchases made in the previous 12 months (as calculated daily on a rolling basis). The benefits of each rewards level, and the purchase amount required to become eligible for each reward level, are as specified on the Program Website.

Tiering upgrades (i.e. moving to a higher rewards level) shall be implemented on a dynamic basis. If a Program Member makes a purchase that entitles them to move to a higher rewards level, the Program Member will be moved to the higher rewards level as soon as the applicable purchase has been recorded on the Program Member’s Account.

Tiering downgrades (i.e. moving to a lower rewards level) shall be implemented on a 6-monthly basis on 30 June and 31 December each year (each a ‘Re-tiering Date’). If, as at a Re-tiering Date, a Program Member has not made sufficient eligible purchases in the previous 12 months to maintain their eligibility for their current rewards level, they will be reassigned to a lower rewards level based on the value of their eligible purchases in the previous 12 months.

4.1 CONFIDENTIAL INFORMATION

We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Program Members (“Personal Information”) in accordance with Dentsply Sirona’s Privacy Policy available at https://www.dentsplysirona.com/en-au/legal/privacy-policy.html and https://www.dentsplysirona.com/en-nz/legal/privacy-policy.html (for Australian and New Zealand customers respectively).

You understand and acknowledge that through your use of the Program, you expressly consent to the collection and use of your Personal Information, including name, address, email address, telephone numbers, date of birth, account number and purchasing information for the purposes of the Program. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.

4.2 CONSENT

You consent to receive e-mails, pre-recorded voice messages and/or autodialled calls (including text messages) by or on behalf of the Company relating to the Program Website or your inquiries, any transaction with the Company, and promotions regarding the Company products. These communications may be made by or on behalf of the Company. You acknowledge that should you incur a charge for these calls by your telephone carrier, the Company will not be responsible for these charges.

The Company may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. Your consent to this communications provision is not required to make any purchase with the Company.

4.3 UNSUBSCRIBE

By sharing your email address with the Company and remaining an active customer and Program Member, we and/or our service providers may communicate special offers, services, promotions and program information to you. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting the Customer Support team, or by clicking unsubscribe at the bottom of any promotional email. This should prevent you from receiving any further marketing emails, though we may still send you administrative emails for the purposes of the Program.

5.1 WAIVER AND SEVERABILITY

Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on the Program Website (or other promotional materials).

The failure by one party to insist upon strict performance by the other party of any of the terms of the Program Terms will not be deemed a waiver of any term or of a breach by the other party of any term of this Program Terms. A waiver of any term of the Program Terms by a party must be in writing executed by that party or one of its duly authorised officers or lawyers. In the event that any provision in the Program Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of the Program Terms.

5.2 CONTACT

If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: 1300 55 29 29 (Australia) or 0800 33 68 77 (New Zealand) and our email address for questions is clientservices@dentsplysirona. You acknowledge that telephone calls to or from the Company may be monitored or recorded.

5.3 JURISDICTION/GOVERNING LAW AND DISPUTE RESOLUTION

If you are located in Australia, this Agreement shall be construed and enforced in accordance with the laws of the State of Victoria. Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in the courts of Victoria and each party consents to jurisdiction of such courts.

If you are located in New Zealand, this Agreement shall be construed and enforced in accordance with the laws of New Zealand. Any action brought under, pursuant to, or in connection with this Agreement shall be brought only in the courts of New Zealand and each party consents to jurisdiction of such courts.

5.4 DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOUR ACCESS TO AND USE OF THE PROGRAM WEBSITE IS AT YOUR RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law and provided that nothing in these Terms and Conditions limits your rights under any applicable laws (including the Australian Consumer Law), the Company and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assignees (collectively, the “Company Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:

(a) the Program Website (including its content);

(b) the functions, features, or any other elements on, or made accessible through, the Program Website;

(c) any third-party products, services, or instructions offered or referenced at or linked through the Program Website;

(d) whether the Program Website or the servers that make the Program Website available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);

(e) whether the information (including any instructions) on the Program Website is accurate, complete, correct, adequate, useful, timely, or reliable;

(f) whether any defects to or errors on the Program Website will be repaired or corrected;

(g) whether your access to the Program Website will be uninterrupted;

(h) whether the Program Website will be available at any particular time or location;

(i) whether your use of the Program Website is lawful in any particular jurisdiction; and

EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN PROGRAM TERMS PROVIDED BY THE COMPANY OR AS OTHERWISE IMPLIED BY LAW, AND PROVIDED THAT NOTHING IN THESE TERMS AND CONDITIONS LIMITS YOUR RIGHTS UNDER ANY APPLICABLE LAWS (INCLUDING THE AUSTRALIAN CONSUMER LAW), THE COMPANY HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.

5.5 LIMITATIONS OF OUR LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

(a) the Program Website (including its content);

(b) your use of or inability to use the Program Website, or the performance of the Program Website;

(c) any action taken in connection with an investigation by the Company Parties or law enforcement authorities regarding your access to or use of the Program Website;

(d) any errors or omissions in the Program Website’s technical operation; or

(e) any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or equipment failure or malfunction.

To the maximum extent permitted by law, and provided that nothing in these Terms and Conditions limits your rights under any applicable laws (including the Australian Consumer Law), the foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if the Company were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the DS Site).

Where the Company’s liability is not excluded, and to the maximum extent permitted by law, the Company’s liability to you will be limited to:

(a) the cost of re-supplying the goods or repairing, or paying the costs of repairing, the goods; or

(b) reinstating the number of points in dispute.

5.6  UPDATES TO TERMS

AS OUR PROGRAM WEBSITE AND PROGRAM EVOLVE, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM, THE DS SITE AND THE PROGRAM WEBSITE MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM, THE DS SITE OR PROGRAM WEBSITE UNDER THE TERMS WHICH WERE PREVIOUSLY OFFERED.

EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE PROGRAM, THE DS SITE OR THE PROGRAM WEBSITE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS FOR THE PROGRAM, THE DS SITE OR THE PROGRAM WEBSITE (AS APPLICABLE). SUBJECT TO ANY OTHER NOTIFICATION REQUIREMENTS CONTAINED HEREIN, WE WILL NOTIFY YOU OF ANY CHANGES TO THESE TERMS AND CONDITIONS BY POSTING THEM ON THE PROGRAM WEBSITE OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT. YOUR USE OF THE PROGRAM, THE PROGRAM WEBSITE OR THE DS SITE (AS APPLICABLE) AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE CHANGES TO THE TERMS AND CONDITIONS.

However, the terms and conditions (including any applicable Program Terms) that applied when you previously used the Program, the DS Site and the Program Website will continue to apply to such prior use (i.e. changes and additions are prospective only) unless mutually agreed. In the event any notice to you of changes the terms and conditions is determined by a court or tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any changes to the terms and conditions by discontinuing your use of the Program, the DS Site or Program Website (as applicable).

5.7   GENERAL PROVISIONS

 A.          Company’s Consent or Approval.  As to any provision in these Terms and Conditions or any Program Terms that grants the Company a right of consent or approval or permits the Company to exercise a right in its “sole discretion,” the Company may exercise that right in its sole and absolute discretion acting reasonably. No Company consent, or approval may be deemed to have been granted by the Company without being in writing and signed by an officer of the Company.

         B.          Investigations; Cooperation with Law Enforcement; Termination; Survival.  The Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Program Website security or its information technology or other systems or networks, (ii) investigate any suspected breaches of the Program Terms, (iii) investigate any information obtained by the Company in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Program Terms, and (vi) discontinue the Program Website, in whole or in part acting reasonably and, to the maximum extent permitted by law, without any obligation to you or any third party.

         C.          Assignment. The Company may assign its rights and obligations under these Program Terms, in whole or in part, to any party at any time by providing you with written notice.  These Program Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Company.

         D.          Connectivity.  You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service providers, mobile services, and other services needed for your access to and use of the Program Website and you will be responsible for all charges related to them.