Smile Better (PO Box 179, Mona Vale, 1660 Australia) and their associates are providing their services to you subject to the following terms, which are also known as our terms and conditions (“Terms of Use”). By gaining access and choosing to peruse this website, you accept and agree to these Terms of Use. If you choose not to agree to these Terms of Use, you are advised to discontinue use of this website.

Smile Better is an Australian registered company (ABN 11345526067). If you need to contact a Smile Better representative, please fill out the form on our ‘Message Us’ section of our website otherwise contact hmlogan@smilebetter.com.au . Smile Better reserves the right to change and alter these terms without giving prior notice and it is up to the user of the website to take responsibility to return to this page to review any changes that have been made. These changes take effect from the exact time of posting on this website. It is advised before the purchase of any product that you review this section.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website 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 this site.

You may not use our products 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 must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

ACCURACY COMPLETENESS AND TIMELINESS OF INFORMATION

Smile Better are not responsible if information made available on this site is not accurate, complete or current. 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 this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ACCURACY OF BILLING AND ACCOUNT INFORMATION

Smile Better reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Smile Better do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

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 Smile Better Australia, 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.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Smile Better Australia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

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, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

 

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

PRIVACY POLICY

Smile Better enforces a strict privacy policy which every employee of Smile Better must comply with. Smile Better will not disclose information of its customers to any third party. In the event of a sale, merger or acquisition of a Smile Better company, Smile Better will transfer customer details to the new owners. The transfer of the information will be dealt with appropriately and in the most secure form possible.

 

MONEY BACK GUARANTEE

We have absolute confidence in providing the best at home teeth whitening and oral hygiene products in the world. That’s why have a 100% Results or Money Back Guarantee.

We proudly guarantee that your teeth will improve by a minimum of 2 shades while using our products.

In the unlikely event that you find this is not the case with your Smile Better experience please see below.

To qualify for our money back guarantee simply follow these instructions:

1. Take a clear photo of your teeth before using our products*
2. Use our products exactly as instructed
3. Take a clear photo after you’ve completed all applications
4. Email hmlogan@smilebetter.com.au with your before and after pictures attached
5. Once approved, send back your product as directed.
6. A refund for the cost of the product will be processed once we have received it
You have 30 days from the date received, to process a Money Back guarantee application.

Applications that do not meet this criterion will not be approved for refund.

*Please ensure that you take your before and after photo in similar lighting conditions as we will not approve your refund if there are drastic differences in lighting. Before and after photos must also include valid date and time stamps.

 

PRODUCT AVAILABILITY AND PRICES

Smile Better will attempt to make the product and quantities advertised on this site available at all times. However, this cannot always be guaranteed and Smile Better will not be liable for any products that are not available at the time of your checkout. The customer will be notified as soon as possible when this occurs and advised on what to do to solve this problem. Smile Better prices are subject to change without notice. Smile Better reserves the right to refuse or terminate/cancel orders when there has been website malfunction or error such as technical difficulty or an incorrect price being displayed. Notification to the customer will be facilitated immediately after this has been notified to us and any payment already received from the customer will be refunded.

 

PROMOTIONS

All promotions are subject to availability and while stocks last.

Any products purchased outside of the advertised time frame set out by Smile Better will not be eligible for the promotional price. Where there is no promotion period specified, the relevant promotion will end when it is discontinued on Smile Better platforms.

 

TERMS OF PRODUCT USE

This site is solely an online store for oral/beauty products. This website is not a substitute for professional medical advice, however we do advise to consult your health care practitioner/dentist/doctor/ or physician before the purchase of any products listed. Your physician or health care practitioner should address any concerns, medical questions and queries regarding the possible treatment of any medical condition. Smile Better does not, and is not, able to give or intend to give any answers to your medical related questions. This website does not replace any medical professional resource.

Smile Better does not represent themselves as a doctor/physician and nor is this implied. Whiteness from this product will vary from patient to patient and will be different depending on the structure of ones’ teeth, the number of times it is being used or the duration of time on each whitening session. The results of these products are not guaranteed by Smile Better. Teeth whitening may not be uniform due to the difference in people’s teeth and Smile Better are not liable for any unexpected results. Whitening fades with time and a regular up keep is recommended in order to maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns, bridges or cavities. By placing an order through Smile Better you accept all risks associated with the product, you agree that Smile Better will not be held liable for any unexpected results, or complications that may arise as result of the product.

IF YOU NEED MEDICAL ATTENTION, CALL 000 (IN AUSTRALIA) OR YOUR DOCTOR IMMEDIATELY.

PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS, PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE ALLERGIC TO ITEMS INSIDE THE GEL SHOULD NOT USE THIS PRODUCT. It remains the user’s responsibility to ensure you are not allergic to ANY of the ingredients inside the gel or product before using.

 

SHIPPING AND HANDLING INFORMATION

All orders will be dispatched from our warehouse within 3 business days. In peak periods please allow for up to 6 business days for dispatch.

Un-tracked postage is an uninsured delivery service and won’t have tracking information.
Tracked postage means the package is tracked though to delivery.

Smile Better does not take responsibility for any un-tracked international parcels that go missing. Use of non-traceable shipping is at customer’s own risk and there is no way to retrieve or locate the package once it has been sent. We are not responsible for delays, lost or damaged shipments or orders sent to incorrect, invalid addresses or correct addresses.

Orders may end up being returned for various reasons including: non-payment of Duty & VAT, incorrect address, unclaimed at post office, etc. If a package is returned or rejected, the customer will need to email hmlogan@smilebetter.com.au to arrange re-delivery and will also have to pay for all postage costs.

Smile Better will help as much as possible to trace a missing parcel, however if untracked standard shipping is selected, it is the customer’s responsibility to follow up with the carrier.

Please direct any shipping related inquiries to hmlogan@smilebetter.com.au

 

TAXES, DUTIES AND/OR VAT

There may be Taxes, Duties and/or VAT applied by customs towards your order when, or after delivery is made. These charges are not inclusive of the original shipping charge, and are unable to be paid for, or reimbursed by Smile Better If you are unsure of the charges and whether you will be affected, please contact your local customs office.

 

SUBSCRIPTIONS

You can simply cancel your account by navigating to the ‘manage subscription’ area in your account. We believe that everyone should have a positive Smile Better experience, so if this is not the case, please email us at hmlogan@smilebetter.com.au and we would love to help where we can.

 

RETURNS POLICY

Results will vary greatly from person to person, depending on the type of teeth or conditions of teeth/stains the user has. It may take a number of months to completely rid your teeth of tough stains. We here at Smile Better are not able to refund purchases unless the product is defective.

Smile Better will offer a refund, but only within 8 days and only for defective items. This refund is only available if all items provided are returned in their original state, and include all packing material, original manuals and instructions, and any accessories that came with them. Partially returned items will NOT be accepted. Once the LED light and mouth tray has been used, it will not be liable for a refund. It is the customer’s responsibility to pay for shipping costs upon return. Refund will be limited to the cost of the item being returned via regular post not express. An item returned via express is the responsibility of the user and a partial refund of only the actual regular mail will be refunded. It is the user’s responsibility to be aware of this.

If an item has a defect and needs to be returned, you must first email hmlogan@smilebetter.com.au and describe your problem.