Terms of Use

1. Agreement

The following Terms of Use (“Terms” or “Agreement”) constitute a legally binding agreement between you (“you” or “your”) and governs your access to and use of Angle Correct Pty Ltd’s or Angle Correct Ltd’s, or any of its subsidiaries’, affiliates’ and related corporations’, (collectively, “Company”, “we”, “us” or “our”) website www.smartsmileco.com, and its related sites (“Website”) and all services and/or products provided (“Services”).

Your use of the Website and/or Services constitutes your agreement to be bound by all Terms and the Privacy Policy. Please read the Privacy Policy to find out how we collect, use, disclose, process and protect your personal data, in accordance with all relevant legislation. If you disagree with any of these Terms or find them unacceptable in any way, including without limitation the indemnity and arbitration provisions, you should stop accessing or using the Website immediately or use the Services.

In these Terms, Services include any provided by or through:

  • the Website owned and operated by the Company;
  • any official social media channels created by us on any social media platforms (including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, and WhatsApp) (“Channels”);
  • all other applications, services and/or products provided, operated and owned by the Company, that are presently offered, or to be offered in the future;
  • any information, materials, software, products, services and content provided by the Company or otherwise available through the Website and/or Channels (including any linked information);
  • artwork, photos, video and audio content on the Website and Channels; and
  • all updates to the aforementioned items.

The Company reserves the right to change, modify, add or remove any of the terms of this Agreement at any time, at any time, for any reason. Any use of the Services after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the binding individual arbitration clause) in place when the dispute arose. You acknowledge that by continuing to access or use our Services after we have posted changes to these Terms, you are expressly agreeing to such modified terms. If you do not agree to such revised Terms, you must stop accessing or using the Services immediately.

2. Permitted Purpose

We provide access to specialised orthodontic treatment involving our “SuperClear Aligners” (which are clear dental aligners) and related products developed by us, by collaborating with dentists and orthodontists, or other third-party service providers (“Treatment”). You may only use the Services in accordance with these Terms.

You shall not directly, or indirectly (by assisting or encouraging any other party):

    • breach any applicable laws or regulations;
    • breach these Terms;
    • copy, frame or mirror any parts of the Services;
    • sell, rent or lease the Services or otherwise transfer or assign the right to use the Services, or pledge, grant a security interest in, lien on or encumber the Services;
    • use the Services to process, store or handle any information not owned by you or provided to you without express authorisation for such use or access;
    • access the Services with any automated application, platform or programme other than through those owned or operated by the Company;
    • directly or indirectly copy, translate, adapt, modify, alter, decompile, disassemble, or otherwise reverse engineer or create any derivative work of the Services, merge the Services or any part thereof with any other application or change Services in whole or in part;
    • alter or remove any copyright or other intellectual property marks or notifications applied to the Services;
    • engage in denial of service attack or similar conduct against the Services;
    • engage in scraping, spidering, crawling or using other technology or software to access or collect data without the Company’s written consent;
    • make any use of the Services for the posting, sending or delivering of any of the following:

i. unsolicited email and/or advertisement or promotion of goods and services;
ii. malicious software or code;
iii. unlawful, harassing, privacy invading, abusive, threatening, vulgar, obscene, racist or potentially harmful content;
iv. any content that infringes a third-party right or intellectual property;
v. any content that may cause damage to a third party; and/or
vi. any content which may constitute, cause or encourage a criminal action or violate any applicable law; and/or

  • use the Services for any illegal, offensive, immoral or unethical purpose.

3. Eligibility to Use & Access Website

By accessing or using the Services, you represent and warrant that:

  • you are not prohibited by the laws of your country you reside in from accessing or using the Services, in accordance with these Terms;
  • you are not a minor, that is you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access or use the Services, whichever is higher;
  • you are not registering on behalf of a minor;
  • you may only use the Services in accordance with these Terms. You shall not directly, or indirectly (by assisting or encouraging any other party); and
  • breach any applicable laws or regulations.

4. User Content

You represent and warrant that you own or have the necessary licences, rights, consents and permissions to publish all information, data, text, sound, photographs, graphics, video, messages, posts, tags, software or other material you make available in connection with the Services (the “User Content”) that you submit, whether posted publicly posted, privately transmitted or submitted through a third party.

You grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content you post or in connection with the Services. Our right to use your User Content survives the deletion or suspension of your User Account.

You are wholly responsible for all User Content that you post, upload, email, transmit or otherwise make available via the Services. The Company may, but has no obligation to monitor the User Content posted to the Services. The Company may at any time and for any reason screen, monitor, review, refuse or remove any User Content that violates these Terms or is otherwise offensive or objectionable.

You understand that you may be exposed to User Content that is offensive, indecent or objectionable by using the Services and the Company is in no way liable for any loss or damage resulting from the use of User Content made available through the Services.

The Company does not endorse any User Content posted or provided by Users, and any User Content provided by you is subject to prevailing laws and regulations including those relating to subject matter that seeks to prevent hate speech, content which is obscene, pornographic or indecent, or generally for the protection of the public.

Your use and access to the Services is conditional on your compliance with our community guidelines, with respect to User Content that you post and/or communicate and when you otherwise use the Services, whereby you agree that your posts and/or communications via the Services shall not involve:

i. porn or sexually explicit or obscene materials;
ii. hate speech, bigotry, or discrimination;
iii. anything which may be considered endangering the welfare of a minor or an individual at risk, or promoting behaviour that could place such individuals at risk;
iv. spam, spamming or anything that comprises bulk or mass marketing communications; and
v. anything false, misleading, fraudulent or deceptive.

You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Company and/or the Services (collectively, the “Feedback”) that are provided by you, whether by email, posting to the Website, Channels or otherwise, are non-confidential and will become the property of the Company. The Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The Company may terminate or restrict your access to any the Company online community, including access through the Website.

We have no obligation to monitor any related websites, chats, discussion boards or any other materials that you or third parties transmit or post on or to the website or related websites, if any. However, you acknowledge and agree that we have the right (but not the obligation) to monitor the website, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the website properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.

5. Information on this Website is Not Professional Advice

The Company is not a provider of medical or dental services. This Agreement does not apply to the professional relationship that you may establish with dentists who prescribe the Company’s Services.

All information, data and materials provided through or in the Services, including information relating to dental, medical and health conditions, products and treatments, are provided for informational purposes only, and do not constitute medical advice, recommendations or warranties of any kind. The information provided should not be considered complete as it is not exhaustive and does not cover all ailments, physical conditions or treatment. The information provided is not a substitute for the advice of an appropriate medical professional, or any information contained on or in any product packaging or labels.

We assume no liability for any advice, consultation, or services furnished by such dental, medical and health professionals, in reliance of your use of the Services.

Your reliance on any information provided by us or otherwise appearing through your use of the Services provided is done so solely at your own risk. Should you have any dental, medical or health-related queries, please see your dentist, doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by us through the Services, and you should not use the Services for diagnosing or treating a dental, medical or health problem, or prescribing medication. The use of the Services or communication between you and us, does not constitute or create a dentist-patient, doctor-patient relationship or other fiduciary relationship between you and us.

All data, information, text, graphics, links, and other material on this Website and information contained on or in any product packaging or labels, collectively, the “Educational Content”, are provided as a convenience to our Website visitors and customers. The Educational Content provided is for general informational and educational purposes only; it is not intended to serve as dental or other professional health advice and is not to be used for diagnosis or treatment of any condition or symptom. Educational Content does not constitute the provision or practice of dentistry or professional health care advice or service; use of the Services does not create a doctor-customer relationship with the Company.

You should consult a dentist or other qualified health care provider regarding any specific questions you may have. Educational Content is not exhaustive and does not cover all orthodontic or dental treatments and conditions, nor is it intended to replace the advice of an orthodontist, dentist, or other medical professional. You should never disregard professional advice or delay in seeking treatment based on the Educational Content or other websites linked to or from this Website.

6. Suspension or Termination of Use

The Company reserves the right, without prior notice, and at its sole discretion, to terminate or suspend your right to access or use the Services, and to block any future access or use of the Services by you, including but not limited to situations where it is determined that there is unauthorised use / access of the Services, or the Services are used / accessed in a manner that violates the laws of the applicable jurisdiction; threatens the security or otherwise harms the Company, personnel of Company, or other users and third parties; the User fails to pay any fees related to the Services when due and payable to the Company; the User breaches any of these Terms; and/or the User uses the Services for any other purpose than the permitted purpose set out above. For the avoidance of doubt, in the event of termination or suspension of a User Account, the Company shall not be under any obligation to provide the User with: (i) a date for the conclusion of any investigations; and/or (ii) any assurances on when the suspension will be lifted. Upon termination, your User Account will be cancelled immediately, and you will not be able to access your User Account or the Services. All content and information relating to your User Account or provided through the Services may also be immediately destroyed or deleted by the Company.

In addition, if you have breached any provision of these Terms, you agree that we may apply for injunctive relief and/or take any other action against you that we deem necessary.

We reserve the right to view, monitor, and record your activity with regard to our Services, Website, and/or Channels without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.

7. Registration

To receive Services or use some parts of the Website you are be required to register and provide specific information about yourself, including your e-mail address and password (“Credentials”). Upon becoming registered on the Website, you accept responsibility for all activities that occur under your registration account. You shall provide true, accurate, complete, and correct information at all times, and to promptly update this information as required so that it remains true, accurate, complete, and correct. You shall keep your Credentials private and not share your Credentials. You are solely responsible for maintenance of your Credentials confidentiality. If you believe someone has accessed the Website using your Credentials without your authorisation, contact us immediately at: support@smartsmileco.com.

8. Transactions

To purchase Services (each purchase, a “Transaction”), the Company or the third-party provider of the product or service will request certain information from you that is applicable to your Transaction, including, without limitation, payment and shipping information. You understand that, if such information is provided to the Company, then the Company shall treat any such information in the manner described in the Privacy Policy. By supplying such information, you grant the Company the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. You agree to pay all charges incurred by you or any users of your membership account or credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. You shall also be responsible for paying any applicable taxes relating to your purchases. You represent and warrant that you have the legal right to use any credit card(s) or other payment mechanism used in connection with any transaction.

With any Transaction you provide consent to electronic communications of your purchase details and shipment notifications from us to you at the e-mail address that you provided. These communications are not encrypted but any subsequent communications through the customer portal are encrypted.‍

9. Endorsement

Descriptions or images of, or references to, Services on the Website do not imply the Company’s endorsement of such Services. We reserve the right to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you, without prior notification. Verification of information applicable to a purchase may be required prior to the Company’s acceptance of any order. Price and availability of any product or service are subject to change without notice. The Company is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to the Company’s and/or any applicable third party’s refund and exchange policies in effect at the time of the applicable Transaction.

10. Conditions

Any discounts, promotions, contests, or regularly priced items of Services are all subject to conditions. The Company reserves the right, without prior notification, to change conditions, descriptions, restrictions, or references to limits the order quantity upon any product or service.

11. Subscription

If subscribe for ongoing Services by the Company (“Service Subscription”) you authorise the Company and its service providers to charge your credit card or other nominated payment service for the amounts and at the intervals described on our Service as designated by you, accommodating for holidays and other irregularities, until you terminate your Service Subscription, until the end of the Service Subscription period, or indefinitely if you decide to purchase an open-ended Service Subscription.

Where your credit card or other nominate payment service expires, is cancelled, is over the limit, or is otherwise declined for any reason, we will not continue to deliver products or renew your Service Subscription until your account and payment information is renewed. We may, but are not obligated to, contact you to notify you of the issue through reasonable methods identified in the Privacy Policy, including SMS messaging, email, telephone, mail, or otherwise.

You may terminate the subscription service at any time by using the manage subscription feature in your account, or by emailing support@smartsmileco.com.

We reserve the right to adjust pricing for any subscription in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes to your Service Subscription will take effect on the next renewal date.

12. Copyright Notice

The Company owns or is the licensee of all intellectual property rights in this Website and Service. The Website design and Services are protected by relevant copyright laws and treaties around the world. All rights are reserved.

You may not copy, reproduce, republish, download, upload, post, broadcast, display, transmit, make available to the public, or otherwise use nay content on the Website without prior written consent from the Company except for your own personal, non-commercial use.

Any other use of the Website or the information contained here is strictly prohibited. The Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this license, you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.

13. Trademark Notice

Company names and Website names, logos, and other identifying marks, Service names, design markets, and slogans are the property of Angle Correct Pty Ltd. All rights are reserved. Any use of the forementioned in any advertisement, publicity or in any other commercial manner without prior written consent of Company is not authorised.

14. Limitation

The Company and its third-party service providers do not represent or warrant that access to the site and its Services or that there will be no failures, errors or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the Website. You acknowledge that you provide your personal information at your own risk.

The Website and Services are provided without warranties of any kind. You expressly acknowledge and agree that use of the Website and Services is at your sole risk. To the maximum extent permitted by applicable law, the Website and Services performed or provided are provided “as is” and “as available”, with all faults and without warranty of any kind with express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights, no oral or written information or advice given shall create a warranty, should Services prove defective, you assume the entire cost of all necessary actions. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, sp the above exclusions and limitation may not apply to you.

Without limitation, the Company, any affiliates of the Company, third party providers, or licensors (and their respective subsidiaries, affiliates, agents, directors, officers, employees, contractors, and representatives) (“Company Parties”) do not warrant that the content is accurate, reliable or correct; that this website will meet your requirements; that this Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that this Website is free of viruses or other harmful components. Any content downloaded or otherwise obtained using this Website is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download.

15. Indemnity

You indemnify and hold the Company, its officers and employees, harmless from any claims, damages, expenses, liabilities, costs or demands, including legal expenses, made or brought by a third party due to or arising out of (a) your use of the Site or Services or any part thereof; (b) the violation of these Terms or any provision therein by you; and (c) any intellectual property rights of any person or entity.

16. Damages

Company Parties shall not be liable for any damage resulting from your use or inability to use this Website or the materials on this Website. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers all losses and claims of any type including, without limitation, direct or indirect, special, incidental, reliance, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.

17. Dispute

Contact us at support@smartsmileco.com to resolve any of your concerns.

18. Arbitration

You agree to resolve any disputes that you may have against Company Parties, including but not limited to medical malpractice disputes and consumer actions, on an individual basis by binding arbitration between you and Company, and not in a court of law. This precludes you from bringing any class, collective, or representative action against Company Parties, and from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Company Parties by someone else.

Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Australia in accordance with the Australian Disputes Centre (“ADA”) rules of arbitration. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with ADA Rules. The seat of arbitration shall be in Australia. The decision of the arbitrator shall be final and binding.

If the decision of the arbitrator can be appealed to the courts under Australia laws, you agree to be subject to the personal jurisdiction in, and the exclusive venue of, the courts in Australia, to the extent relevant, and hereby waive any objection to such jurisdiction and venue for the purpose of any such appeal.

It is your responsibility to pay any arbitration filing, administrative and arbitrator fees as set forth in ADA guidelines.

Either party may pursue the protection of intellectual property rights and confidential information and stop other precluded activities through injunctive relief or other relief through the courts.

19. Jurisdiction and Governing Law

You agree that where permissible under Australian law, this Agreement, for all purposes and without regard to the conflict of laws, shall be governed and construed in accordance with the laws of the New South Wales, Australia. Appreciating the location of the Company and you, you acknowledge and agree that the Company may, in partaking in such arbitration, elect to use telephonic communications to minimise the need for long distance travel. This section will survive termination of your relationship with us.

The Company makes no representation that this Website’s information, the Services are appropriate, available, or legal in any particular location. Those who choose to access the Website and the Services do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

20. Links to Other Websites

The Website or Services may contain links to other websites which are maintained and operated by third parties. The linked websites are not under the Company control, and the Company is not responsible for the content available on any other websites linked to the Website or Services. Such links do not imply our endorsement, sponsorship or recommendation of material on any other website and we disclaim any warranties (express or implied) about the content and operation of these websites. We disclaim any liability for links: (i) from another website to the Site; and (ii) to another website from the Site or Services.

21. Downloadable Files and Email 

The Company cannot and does not guarantee or warrant that email or files available for downloading from its Website will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. The Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the Website or Services.

22. Assignment

You may not assign any rights or obligations under this Agreement without the Company’s prior written consent. The Company may assign all or part of this Agreement.

23. Survival

All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.

24. Waiver

No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

25. Notices

You agree that we may provide any and all notices to you by e-mail, telephone as well as by any other method.

26. Severability

If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.

27. Entire Agreement

This Agreement constitutes the entire agreement between you and the Company applicable to its subject matter. It may not be modified except as described elsewhere in this Agreement.

28. Conflicting Terms 

Anything on the Website inconsistent or in conflict with the terms of this Agreement is superseded by the Terms of this Agreement.

29. Contact Information

Please contact us with any questions or concerns at: support@smartsmileco.com

If you have any questions or comments mail us at either:

PO Box 4057
North Curl Curl NSW 2099
Australia

Shop 2, 1000-1008 Pittwater Road
Collaroy NSW 2097
Australia

If you reside in the EU, you can also contact us by writing and/or emailing at support@smartsmileco.com

Fairway House
Links Business Park, Fortran Road
St Mellons CF3 0LT
Cardiff
United Kingdom