Terms and Conditions
PLEASE READ THESE TERMS & CONDITIONS (the “Agreement”) CAREFULLY BEFORE SUBMITTING AN ACCOUNT, REGISTRATION, OR ORDERING ONLINE, BY PHONE, OR BY CHAT. BY ACCESSING SMILEPOP WEBSITE OR BY USING Smilepop , USERS (“USERS” OR “YOU”) AGREE TO BE LEGALLY BOUND BY, WITHOUT LIMITATION, QUALIFICATION, OR CHANGE, AND TO ABIDE BY THESE TERMS AND CONDITIONS, WHICH WILL CONSTITUTE THE SOLE AGREEMENT BETWEEN YOU AND US WITH REGARD TO THE MATTERS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS & CONDITIONS, PLEASE DO NOT ACCESS THE SMILEPOP WEBSITE OR RETAIN SMILEPOP FOR SERVICES. YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER DESCRIBED IN FURTHER DETAIL LATER HEREIN.
What are you Agreeing To?
The Parties to this Agreement: These Terms & CONDITIONS describe a contractual relationship between you (“you” or “your” and Smilepop which is owned and run by ACE DIGIHEALTHCARE (OPC) PRIVATE LIMITED (including its subsidiaries, affiliates, including M.S.C. Development, Inc. agents, and assigns) (“Smilepop,” “we,” “us,” “our”) (1) your use of this website (“Site”) (2) your use of the Site, or a third-party website in connection with any product or service offered directly by Smilepop, as applicable, (3) your use of “Additional Tools” as described below, (4) your use of any other service(s) offered through the Site, as applicable, including, without limitations of installment accounts; and (5) your access to your Smilepop account information and access to any services through the Site. We may partner with Installment Providers (each, “Installment Partner”) to offer certain products and services and provide those products and services to you. If you are approved for a product offered through Smilepop , by one of these Installment Partners, or through other partnerships with Installment Partners, you will also enter into an agreement with the Installment Partner which may contain their own terms of conditions and privacy policies. Notwithstanding any other provisions of this Agreement, any agreement you enter into with an Installment Partner shall not supersede, revoke or replace your obligations under this Agreement.
Changes to this Agreement: Smilepop reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on the Site. Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING SMILEPOP AFTER THE CHANGES HAVE BEEN POSTED. If Smilepop makes any changes to this Agreement that is deemed to be material, Smilepop will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our Site from time to time to see if it has been changed. The date this Agreement was last updated is listed at the top of this page.
Acceptable Use/License: Smilepop grants you a limited, personal, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement, our Privacy Policy, and applicable law.
All content included by Smilepop, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Smilepop Installment Partners, or third-party providers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Site. Smilepop’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any propriety rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Smilepop and the copyright owner. We do not grant you any licenses, express or implied, to the intellectual property of Smilepop or our licensors.
None of the content displayed on the Site is or should be considered to be medical or dental advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. The Site may provide links to third-party content. You acknowledge and agree that we are not responsible for the availability of such third-party content, and we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any third party, interfere with the operation of the Site, or otherwise use the Site in a manner that violates any laws. For example, and without limitation, you may not:
- Transmit any message or information under a false name or otherwise misrepresent your affiliation or the origin of materials you transmit;
- Provide information on the enrollment form that is untrue, inaccurate, not current, or incomplete;
- Engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Sites or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Attempt to modify, translate, decipher, decompile, disassemble, reverse-engineer, or create derivative works of any of the software comprising or in any way making up a part of the Services; or
- Disclose information regarding other users of the Website in any way
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
WITHOUT LIMITATION OF ANY OTHER PROVISIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS SITE MAY BE TERMINATED IMMEDIATELY IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE OR REASON, IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Communication and Notification: You agree that Smilepop may communicate with you and our Installment Partners about your account electronically, through phone calls, or in writing to any contact information we have on file for you. Standard mobile, message, and data rates may apply, and you are responsible for any such fees. Smilepop reserves the right to close or limit access to your account or service and immediately collect all due amounts if you withdraw your consent or revoke access. Any electronic communication will be considered to be received by you at the time we email it to you or otherwise send it to you by postal mail 3 business days after we send it. If we need to contact you to service your account or to collect amounts you owe to us, you consent to us, as well as services, agents, contractors, and debt collectors acting on our behalf, to communicate with you in any way such as calling, texting, or emailing via:
- A mobile phone or landline you provided to us (even if it is not yours)
- Any email address you provide to us, Installment Partners, or third-party providers
- Automated dialer systems and automatic telephone dialing systems,
- Pre-recorded or artificial voice messages and other forms of communications.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message or data charges.
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. You agree that it is your responsibility to maintain the currency, completeness and accuracy of your registration data, including but not limited to: a valid email address. Any loss caused by your failure to do so is your responsibility. It is entirely your responsibility to maintain the confidentiality of your account. You agree to notify Smilepop immediately of any unauthorized use of your account. Smilepop is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
You understand and agree that Smilepop may monitor or record telephone conversations with you or anyone acting on your behalf or its agents for quality control and training purposes or for its own protection and you consent to such recording. You acknowledge and understand that, while your communications with Smilepop may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls are recorded by us and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
While Smilepop will use its good faith efforts to respond to requests within the time periods indicated on this Site, no guarantee is made that the status of your request will be made available to you within the stated processing time or at all. Neither Smilepop nor its third-party affiliates are responsible for any errors or delays in responding to a request including, without limitation, error or delays in responding to a request caused by an incorrect e-mail address or other data provided by you or other technical problems beyond their control.
Forums, Chat Areas, and Public Communications: “Public Communication” means any chat area, message board, email function, social networking, online posting, blog, and/or similar type of service on any website. By accessing or participating in a Public Communication after purchasing from Smilepop you agree that: you will comply with all of the terms and conditions stated in this agreement; you will not harass, abuse, defame or threaten Smilepop the company as a whole, its products, or its employees. You agree you will not make hateful or offensive statements regarding Smilepop the company as a whole, its products, or its employees. You agree you will not use obscene or indecent language, images, or other materials to or about Smilepop the company as a whole, its products, or its employees. You agree you will not submit any material to Smilepop the company as a whole, its products, or its employees that violate the law or the rights of any third party. By providing any User Content, images (such as writings, videos, or photographs), or other materials to any Public Communication medium displaying or regarding Smilepop the company as a whole, its products, or its employees, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed as we deem fit to do so.
Account Security: You are solely responsible for the security of your username and password, and for any use of the Site using your username and password. You should not share your username or password with any third party or allow any third party to access the Site using your username and password. You agree to notify us if you have any reason to believe that your username or password has been lost, compromised, or misused in any way. We reserve the right to revoke or deactivate your username and password at any time.
Products & Services: Smilepop offers multiple products and services under a variety of descriptions and trade names. Herein referred to as “Products,” these include but are not limited to whitening gel, Aligners, polishers, power toothbrush, cleaning tools, and detox serum. Services include but are not limited to the scanning, designing, manufacturing, detailing, polishing, and polishing of removable dental veneers. Removable veneers herein referred to as “Veneers,” are marketed and sold under names including, but not limited to, PressOn Veneers, Snap-on-Veneers, Smilepop and ClipOn Veneers. By placing your veneer or Aligners order, you agree that you are retaining us to design custom veneer(s) or Aligners based on impressions that we have not yet seen and that will be provided by you. As such we cannot and do not make any statement or promise as to the description of the final product. You, therefore, release any claims to the concept of receiving a “Product, Not as Described”. Furthermore, while we take measures to ensure that our site, employees, advertising, and marketing materials reflect accurate information regarding our products, services, and pricing, sometimes an error can occur. We are not responsible for misrepresentation or errors found. Prices may be changed by Smilepop at any time. By submitting your order, you are agreeing to the price listed and are not entitled to any other price.
Your Eligibility: To be eligible to use the Services, you must be at least 18 years old. Smilepop distributes products and services that are solely intended for cosmetic in nature. Smilepop does not carry out the practice of dentistry in any manner. We do not engage in diagnosis, and we do not distribute any product which has a therapeutic benefit or effect. We do not offer professional advice, nor do we provide treatment for dental disorders. If you have questions or concerns regarding the suitability of any of our products, or you experience any adverse symptoms, please consult your dentist or licensed medical professional.
Optional Smile Express Processing: You may purchase our “rush processing” services which provide priority during the production process for veneers once Smilepop has received usable impressions from you. This service reduces the estimated design time from the standard 30 business days to between 14 – 17 (Smile Express) or 7 – 10 (Ultra Smile Express) business days for the production of your veneers. This is just an estimation, and you agree that this time frame is NOT A GUARANTEE your veneers will be delivered and received within this time frame. These time estimations exclude all weekend days, holidays and shipping times. Your order must be paid in full before the design lab begins work on the veneers, regardless of the processing time you have selected for your order.
Welcome to SmilePop. By accessing our website and purchasing our products, you agree to be bound by the following terms. Please read them carefully before placing an order.
1. Professional Advice Disclaimer
The content provided by SmilePop, including text, graphics, and images, is for informational purposes only.
- * Our products are not a substitute for professional dental advice, diagnosis, or treatment.
- * Always seek the advice of your dentist or other qualified health provider with any questions you may have regarding a medical condition.
- * Use of the SmilePop scaler and custom veneers is at your own risk.
2. Eligibility & Account Responsibility
By using this site, you represent that you are at least 18 years of age. If you are purchasing on behalf of a minor, you assume full responsibility for their use of the products. You are responsible for maintaining the confidentiality of your account credentials.
3. Custom Products (Veneers)
- Impression Accuracy: For custom-made veneers, you are responsible for providing accurate dental impressions using the kits provided. SmilePop is not liable for ill-fitting products resulting from poor user-provided impressions.
- Manufacturing Time: Production timelines are estimates and not guarantees. We are not liable for delays caused by shipping carriers or lab processing times.
- Final Sale: As stated in our Refund Policy, custom-made veneers are Final Sale once order confirmed.
4. Product Usage & Safety
- Scalers: The SmilePop Scaler is a high-frequency vibration tool. It must be used strictly according to the provided instruction manual. Improper use may result in enamel damage or gum injury.
- Toothpaste: Users should check the ingredient list for known allergens before use. Stop use immediately if irritation occurs.
5. Pricing and Payments
- All prices are subject to change without notice.
- We reserve the right to refuse or cancel any order if there is an error in pricing or product availability.
- Payments are processed through secure third-party gateways. SmilePop does not store your full credit card information.
6. Intellectual Property
All content on this website, including the SmilePop logo, product designs, and marketing copy, is the property of SmilePop and is protected by copyright and trademark laws. Unauthorized use or reproduction is strictly prohibited.
7. Limitation of Liability
To the maximum extent permitted by law, SmilePop shall not be liable for any indirect, incidental, or consequential damages resulting from:
- The use or inability to use our products.
- Any injury resulting from improper use of the dental scaler or veneers.
- Errors in dental impressions provided by the customer.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Mumbai. India], without regard to its conflict of law provisions.
9. Changes to Terms
We reserve the right to update these Terms at any time. Continued use of the website following any changes constitutes acceptance of those changes.