These terms and conditions outline the rules and regulations for the use of Easysmile's website, products and services.


By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Easysmile's website if you do not accept all of the terms and conditions stated on this page.


The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.


Patient informed consent agreement


You acknowledge, read, understand and agree with this form. It's important you understand the risks and benefits of Invisible Aligner therapy.


Informed consent & agreement I have read and understand the content of this document describing considerations and risks of clear aligners. I have been sufficiently informed and have been given the opportunity to discuss this form and its contents with Easysmile, and to have my questions adequately answered. I have been asked to make a choice about my treatment, and I hereby consent to receive treatment with clear aligners manufactured by Easysmile's supplier as planned, prescribed and provided by Easysmile. I agree to follow Easysmile’s treatment exactly as s/he plans, prescribes and provides it for me, and I understand that any questions, concerns or complaints I have regarding my treatment must be communicated to Easysmile as soon as they arise.


I acknowledge that neither Easysmile nor Easysmile's supplier, its employees, orthodontists, representatives, successors, assigns, affiliates, or agents, have, can, or will make any promises or guarantees as to the success of my treatment or give any assurances of any kind concerning any particular result of my treatment. I understand that Easysmile's supplier does not practice dentistry or give medical advice. I understand that Easysmile's supplier manufactures medical devices based on instructions from Easysmile. I understand that I should always contact Easysmile in the first instance (not Easysmile's supplier) regarding my expectations, difficulties, results, or any other aspects of my treatment.


I understand that it may be necessary to take impressions, intraoral scans, digital model scans, radiographs (x-rays), and/or photographs for diagnosis, professional review by Easysmile or other consulting dentists and orthodontists, and submission to Easysmile's supplier. I recognize that these will be included in my medical records, which records encompass “individually identifiable health information” as that term is defined and protected by the HIPAA Privacy Rule. I understand that Easysmile, as a covered entity under HIPAA, is not required to obtain my consent to use and disclose my individually identifiable health information for treatment, payment, and health care operations activities, but has chosen to do so voluntarily through this document. I further agree that Easysmile or Easysmile's supplier may use my medical records for research and educational purposes, but only to the extent that no individual identifiers, including but not limited to my name or address, are disclosed. I hereby consent to such uses and disclosure(s) as described herein.


Unless otherwise permitted or required by law, other uses and disclosures of my medical records, including advertising or marketing by either Easysmile or Easysmile's supplier, shall be made only with my prior written authorization (for which I acknowledge Easysmile or Easysmile's supplier may use my contact information to seek to obtain). I acknowledge I will not, nor shall anyone on my behalf, seek or obtain damages or remedies—legal, equitable, monetary, or otherwise—arising from any use of my medical records that complies with the terms of this Informed Consent and Agreement.


I acknowledge I have read, understand, and voluntarily consent to the use of clear aligners in accordance with terms of this Informed Consent and Agreement.


Privacy Policy


In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site constitutes your agreement to the terms and conditions of the Privacy Policy.


Changes to Agreement and Additional Rules of Usage


Easysmile reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.


Easysmile also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.


Suspension or Termination of Your Use


Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Easysmile's other remedies. Easysmile further reserves the right to terminate, without notice, any user's access to or use of the Site for any reason.


Ownership of the Site and Site Information


The Site is expressly owned and operated by Easysmile. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Easysmile or its affiliates or are licensed from third party service providers by Easysmile. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.


Site Information is Provided "As Is"


Site Information is provided "as is" with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.


Use of the Service By You


You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you -- you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.


Non-Commercial Use Only


The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavors. Organizations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Easysmile. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Easysmile. Illegal and/or unauthorized uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.


Eligibility to Use the Site and the Services


The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. Easysmile does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Easysmile becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.


Freight Term, Title Transfer


Unless otherwise agreed products shall be shipped "F.O.B Origin" (Easysmile's warehouse), regardless of prepaid freight by Easysmile or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.


Pre-treatment Requirements


You are required to have seen a licensed dentist within the preceding 6 months of your initial Easysmile invisible aligner evaluation kit or evaluation consultation purchased or booked from www.goeasysmile.com, where you had x-rays taken by the dentist showing that you have no root canal, periodontal challenges or any other problems hindering you from taking our Easysmile invisible aligner treatment. At any time you can produce and share these x-rays for and with Easysmile to review when necessary.


Disclaimer or Warranty and Limitation of Liability


You acknowledge that you are using the site and the services at your own risk. The site, the site information and the services are provided "as is," and to the full extent permitted by applicable law, Easysmile, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Easysmile, its affiliates, and its third party service providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of Easysmile.com.


Easysmile its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.


You hereby agree to release Easysmile, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this site and its services.


Electronic Communications


When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Jurisdiction and Governing Law


Easysmile makes no representation that the Site Information, the Services or products offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the Site Information, the Services and products offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region and any action based on or alleging a breach of this Agreement must be brought in a court located in the Hong Kong Special Administrative Region. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.


Goeasysmile.com is for Use in the Asia-Pacific Region


The Site is hosted in the Asia-Pacific Region and is intended for users located in the Asia-Pacific Region. If you are a non-U.S. user of the Site, by visiting the Site, using its Services and/or providing us with any Content, you agree to comply with all applicable laws governing the Site, its Services, online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the Asia-Pacific Region or the country in which you reside.


Trademark Notice


Easysmile and the Site names, logos, and other identifying marks are the property of Easysmile. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.


Cookies


We employ the use of cookies. By using Easysmile's website you consent to the use of cookies in accordance with Easysmile’s privacy policy.


Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.


License


Unless otherwise stated, Easysmile and/or it’s licensors own the intellectual property rights for all material on Easysmile All intellectual property rights are reserved. You may view and/or print pages from www.goeasysmile.com for your own personal use subject to restrictions set in these terms and conditions.


You must not:


  • Republish material from www.goeasysmile.com
  • Sell, rent or sub-license material from www.goeasysmile.com
  • Reproduce, duplicate or copy material from www.goeasysmile.com

Redistribute content from Easysmile (unless content is specifically made for redistribution).


User Comments

  1. This Agreement shall begin on the date hereof.
  2. Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Easysmile does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Easysmile, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Easysmile shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
  3. Easysmile reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
  4. You warrant and represent that:
    1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
    2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
    3. The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
    4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
  5. You hereby grant to Easysmile a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content


  1. The following organizations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organizations;
    • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  1. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
  2. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Easysmile; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.


These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.


If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to hello@goeasysmile.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.


Approved organizations may hyperlink to our Web site as follows:


  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of (cname)’s logo or other artwork will be allowed for linking absent a trademark license agreement.


Iframes


Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.


Content Liability


We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.


Reservation of Rights


We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.


Removal of links from our website


If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.


Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.


Disclaimer


To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:


  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.


To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.