OVERVIEW

This website is operated by WiSmile Middle East Trading L.L.C. (“WiSmile”). Throughout the site and any other WiSmile-operated sites (the “Site(s)”) and mobile applications (“Applications”), the terms “we”, “us” and “our” refer to WiSmile. WiSmile offers the Site and Applications , including all information and services available  to you, the user, conditioned upon your full acceptance of all terms stated here. The name “WiSmile” and any logos, names or other identifying marks are the property of WiSmile or our affiliated orthodontists or vendors.  

In addition to reading these Terms of Service, you should also read WiSmile’s Privacy Policy and Notice of Privacy Practices. Our Privacy Policy explains how we may collect and use your personal information. If you use the Sites or Applications, you agree to the terms of our Privacy Policy and acknowledge receiving a copy of the Notice of Privacy Practices. In addition, if you make any purchases through the Sites or Applications or otherwise through WiSmile, you agree to our Refund Policy.

By visiting or using our Sites or Applications and/or purchasing something from us or from third parties or our affiliates through the Sites or Applications, you engage in our “service” and agree to be bound by these terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced by the Sites or Applications and/or available by hyperlink. These Terms of Service apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using any of our Sites or Applications. If you do not agree to all the terms and conditions of this agreement, then you may not access the Sites or Applications or use any of our services.

GENERAL CONDITIONS

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes. Your continued use of or access to the Sites or Applications following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use our Sites and Applications.

You may not use our products or our Sites or Applications for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You understand that we use Stripe for certain payment processing functions, and you agree to accept all of the requirements of the Stripe terms of service, or the terms of service of any other payment provider or provider of financing services. In the case of financing services, you will be asked to execute specific agreements, if applicable to you.

You must not transmit any worms or viruses or any code of a destructive nature.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us. You agree that the site and the services are for personal, non-commercial use only.

The headings used here are included for convenience only and will not limit or otherwise affect these Terms.

If you fail to comply with the Terms, we may terminate your access to the Sites or the Applications and the services at any time, without notice, in addition to any other remedies that may be available to us.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on the Sites is not accurate, complete or current (the foregoing does not apply to information related to you as an individual and provided by us to you at the request of a treating orthodontist). The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites or Applications is at your own risk.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products and services (including those sold by third parties through the Sites or Applications, including affiliated orthodontists) are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof).

PURCHASES

You may purchase goods (or services) using the Sites or Applications. In connection with a purchase additional terms and conditions may be presented, and by completing a purchase you agree to such additional terms and conditions.

ELECTRONIC COMMUNICATIONS

You consent to communicating with us electronically. We will communicate with you by email, text or by posting messages on the Sites or Applications, through a portal or other electronic means. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements for a writing.

MESSAGING DISCLOSURES

For certain kinds of messages, we may ask you to opt-in by providing your phone number. In those instances we will send you a confirming message that you have subscribed. This will generally be for things like appointment reminders or reminders about changing your aligners. You will have the ability to cancel those reminders at any time by sending us a request to info@wismile.me

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS; COPYRIGHT

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, or otherwise objectionable or violates these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties. We take no responsibility and assume no liability for any comments posted by you or any third-party.

WiSmile respects intellectual property rights. We may terminate the access privileges of persons who infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the WiSmile website in a way that infringes your intellectual property rights, please contact WiSmile at the address below and provide the following information: (1) a description of the work that you claim has been infringed; (2) a description of the content on our website that you claim is infringing, including the URL or other location on the website where the claimed infringing material is located; (3) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (4) your address, telephone number and e-mail address; (5) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on the owners behalf.

WiSmile Middle East Trading L.L.C.

E-mail: info@wismile.me

PERSONAL INFORMATION

Your submission of personal information through the Sites or Applications is governed by our Privacy Policy. You also agree that any information that you submit through the Sites or Applications that is communicated to our affiliated orthodontists or is otherwise intended or reasonably expected to be used for clinical assessment will be accurate and complete.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service (and all products and services delivered to you through the service) are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. 

In no case shall WiSmile, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in this section “Disclaimer of Warranties; Limitation of Liability” is intended to apply to individuals who are licensed to practice dentistry or orthodontics, in the rendering of professional services by such individuals, with respect to the provision of services for which licensure is required, except to the extent otherwise permitted by applicable state law.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

INTERPRETATION

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party, or any of its workforce, officers, directors or contractors.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@wismile.me, call us +971(0) 4 4049 623 or write us: WiSmile Customer Support, 48 Burj Gate, Sheikh Zayed Road, Dubai, UAE.

Revision Date: October 19, 2020