Terms of Use

By accessing and using our website, you agree to be bound by the following terms and conditions (these Terms). In these Terms, a reference to ‘we’, ‘us’ or ‘our’ is a reference to Hismile Pty Ltd ACN 602 929 886 and its officers, employees, agents, successors and assigns.

Your Declaration

By accessing our website, you must comply with these Terms. If we consider that you are not complying with these requirements, we may take any action that we are legally entitled to take, which includes (without limitation) deleting or suspending any account that you may have with us.

The information provided on the website is general in nature and does not take into account your specific needs or circumstances. If you choose to rely on the information provided on the website, you do so entirely at your own risk. In order to assist you in determining whether our products are right for you, you should seek advice from an appropriately qualified professional.

By registering an account to purchase products from us, you:

warrant and represent that you are authorised and legally permitted to register an account with us;
confirm that you’ve read and understood all the information in these Terms and that you agree to act in accordance with them;
accept that it’s your responsibility to ensure that the personal information you provide to us is kept current. Any changes to your name, address, email address, phone numbers, payment options or banking details should be sent to us as soon as practicable;
agree to maintain a current email address and phone number by which you can be contacted for the period in which you maintain an account with us, and through which we may communicate formally with you.

You acknowledge that you may have your account terminated or suspended if we determine that any of the above statements are untrue, or you are otherwise in breach of these terms and conditions.

Use of our Website

You agree that you will:

not upload or post any of the following content (Prohibited Content) anywhere on our website:

confidential information or other information that you do not have the right to disclose (whether under contractual obligation or otherwise);
content that may be misleading or deceptive;
defamatory statements that may harm our reputation;
advertising, marketing or promotional material, or other unauthorised commercial communications (such as spam);
content which you do not have the right to upload, post, email or otherwise transmit, such as content which is protected by copyright, patent, trade mark, service mark or any other proprietary right (unless you have express, written permission from the owner and, where applicable, include appropriate acknowledgement);
material which contains a virus or other harmful (or potentially harmful) code;
content that defames, harasses, bullies or threatens others (this includes language which is lewd, aggressive, insulting, racist, sexually explicit, threatens bodily harm or death, general serious threat, planting statements to provoke third party stalking harassment);
content that discusses illegal activities, with the intent to commit (or encourage others to commit) such illegal activities;
content that contains obscene or offensive language or images (such as pornography or nudity);
content that is unlawful; or
content that is otherwise harmful (or potentially harmful) to us or other users.

not collect the personal information of other users in any way;

not send unsolicited messages to other users;

not impersonate another person or organisation;

notify us immediately of any unauthorised use of your account or any purported breach intellectual property rights.

We reserve the right to remove any content (not only Prohibited Content) from our website in our absolute sole discretion, but are not required to do so. If we do remove content you have posted, we may not notify you that we have done so. You acknowledge that we do not screen or moderate all content posted to the website by users and therefore cannot guarantee the prompt removal of any Prohibited Content.

The website may be subject to interruptions or outages from time to time. If this occurs, we will use our best endeavours to minimise the interruption or outage period. We do not accept any liability for any loss, damages or expenses that may be incurred by you as a consequence of any such interruption or outage occurring.

Intellectual Property Rights

With the exception of the ideas, comments or reviews shared with us, and the content posted on or in connection with our website, by persons who have the appropriate authority to post or share the relevant information (the User Content), we own, or have the right to use, all content provided or accessible on our website, including (without limitation) all text, software, databases, reports, files, research, marketing and website content, sounds, graphics, designs, videos, photos, comments, replies, ideas, scripts, trademarks, branding, copyrights and patents (collectively, the Hismile Content).

By accessing our website or otherwise dealing with or using our website in any way, you do not acquire any rights in relation to the Hismile Content. For the avoidance of doubt, we at all times retain all rights in relation to the Hismile Content.

Only to the extent otherwise provided in these Terms, you agree not to duplicate, publish, sell, edit, display, modify, distribute, exploit or create derivative works from any of the Hismile Content without our express written consent (which may be withheld at our absolute sole discretion).

Subject to your compliance with these Terms, to enable you to access and use our website for the purposes that we intend for them to be used, we grant you a revocable, unassignable, non-exclusive, limited and personal licence to access and use the Hismile Content for your own personal, non-commercial use. We reserve our right to monitor your use of the Hismile Content and restrict or revoke our licence to you for any reason whatsoever.

The rights attaching to the User Content is owned by the user that posted the relevant content. When posting any User Content, you agree to grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, assignable and sub-licensable licence to use that User Content posted by you for any purpose whatsoever, including (without limitation) commercial use. You acknowledge and agree that the User Content is provided on a non-confidential basis and that we are under no obligation to provide you with any notice, compensation or acknowledgement in connection with our use of the User Content. Any User Content will at all times be dealt with in a manner consistent with our Privacy Policy.

In granting us the above licence, you warrant that you are the legal owner or licensee of the relevant User Content and that you are authorised to post that content. You agree to indemnify us for any loss, claim, expense or damage incurred by us or made against us (as the case may be) in connection with a breach of any of the above warranties.

Third Party Sites

From time to time, we may provide links or references to third party websites, apps or other social media platforms (Third Party Sites). We do not endorse, monitor or have any control over the content provided on Third Party Sites or the practices of the persons who control the Third Party Sites. Accordingly, the accessing of any Third Party Sites is carried out entirely at your own risk and we do not accept any responsibility for the content, use or availability of the Third Party Sites.

Limitation of Liability

You are solely responsible for your use of our website.

To the maximum extent permitted by the applicable law:

we do not make any warranties or representations other than those expressly set out in these Terms; and
all terms, representations and warranties that may be excluded by law regarding our website are expressly excluded from these Terms.

If any legislation implies in these Terms any term or warranty that cannot be excluded or modified, that term or warranty is included in these Terms.

To the maximum extent permitted by the applicable law, we expressly exclude liability for any:

loss, damage (whether direct, indirect, special, incidental, or consequential) or expense that you may incur or suffer (as the case may be) in connection with your use of, or inability to use, our website;
loss, damage or expense that you may incur or suffer (as the case may be) as a consequence of any act or omission of any third party (including, without limitation, other users, third party service providers and controllers of third party websites) regardless of whether the relevant acts or omissions occur on our website.

If any legislation or law implies into these Terms any term or warranty and also prohibits provisions in a contract excluding the application or exercise of that term or warranty then, to the maximum extent permitted by the applicable law, our liability for a breach of such a term or warranty will be limited, at our sole option, to any one or more of the following:

the supplying of the services again; or
the payment of the cost of having the services supplied again.

To the maximum extent permitted by the applicable law, if for any reason we are directly or indirectly liable to you in respect of any services provided, our maximum aggregate liability in respect of all claims made by you will be the amount charged by us in respect of those services.

Indemnity and Release

You agree to indemnify us against any expense, loss, damage or cost (on a solicitor and own client basis) that we may sustain or incur in connection with any:

breach of these Terms by you;
use by you of our website;
infringement or purported infringement by you of our intellectual property rights or the intellectual property rights of any third party; or
loss or damage to any property or injury to or death of any person caused (wholly or in part) by any act or omission by you.

To the maximum extent permitted by the applicable law, you agree to forever release us and hold us harmless from any and all claims or causes of action that you may have against us in connection with your access to the website.

Privacy Policy

By accessing our website, you agree to us collecting your personal information (including sensitive information, if required) in accordance with our privacy policy (available on our website, www.hismileteeth.com/pages/privacy) as amended from time to time. Please take the time to read our privacy policy as it contains important information relating to the collection, use, disclosure and storage of your personal information.

General Terms

We may make changes to these Terms from time to time. If a change is made that we consider to be material in nature, we will either email you or post a notification on our website. If you do not agree with the changes made, you should discontinue accessing our website. If you continue to access our website, you will be deemed to have agreed to the notified change to the maximum extent permitted by the applicable law.

These Terms are governed by and is to be construed in accordance with the law applicable in Queensland, Australia.

Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Queensland, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms.

To the maximum extent permitted by the applicable law, you agree to any information, notice, document, originating process or document relating to our website being given by electronic communications.

If any provision of these Terms are prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from these Terms and rendered ineffective as far as possible without modifying the remaining provisions of these Terms, and shall not in any way affect any other circumstances of or the validity or enforcement of these Terms.

We may assign our rights and/or obligations pursuant to these Terms to any person without providing notice to you.

Any failure or delay by us to exercise a power or right does not operate as a waiver of the power or right. The exercise of power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless in writing. A waiver of a power or right is effective only in respect of the specific instances to which it relates and for the specific purpose for which it is given.

These Terms remain in effect regardless of whether you have discontinued accessing our website or have had any account that you may have with us deleted or suspended for any reason.