Changes to Agreement and Additional Rules of Usage
NewSmile 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.
NewSmile 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 NewSmile's other remedies. NewSmile 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 NewSmile. 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 NewSmile or its affiliates or are licensed from third party service providers by NewSmile. 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 Site Information may contain errors, omissions, or typographical errors or may be out of date.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 NewSmile. 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 NewSmile. 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. NewSmile 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 NewSmile 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 "FOB Origin" (NewSmile's warehouse), regardless of prepaid freight by NewSmile 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.
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, NewSmile, 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. NewSmile, 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 NewSmileLife.ca.
NewSmile 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. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.
You hereby agree to release NewSmile, 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. If you are a California resident, you waive California civil code section 1542, which states, in part: a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
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
NewSmile 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 British Columbia, Canada and any action based on or alleging a breach of this Agreement must be brought in a provincial or federal court located in British Columbia. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
NewSmileLife.ca is for Use in Canada
The Site is hosted in the United States and is intended for users located in the Canada. If you are a non-Canadian 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 United States or the country in which you reside.
NewSmile and the Site names, logos, and other identifying marks are the property of NewSmile. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
A Qualified Invite is defined as the purchase of invisible aligners made at NewSmile by a person (an "Invited Customer") who arrives to our website by clicking your Referral link arriving at the website using the Referral program link Customer must either schedule an appointment (available in select cities only) or order an at-home impression kit, and then purchase invisible aligners. A Qualified Invite is counted when the Invited Customer’s invisible aligners ship. You are limited to one Qualified Invite for each Invited Customer in other words, additional/repeat purchases made by an Invited Customer are not counted as additional Qualified Invites.
The Invited Customer and the Referrer cannot be the same person (for example, by using a different email address).
For you to earn referral rewards as a Referrer, the Referred Customer must complete an order of invisible aligners. The referral is counted and paid out once the invisible aligners ship to the Referred Customer.
Rewards are payable in increments of $100 CAD, paid via e-gift card within 4 weeks from when the Invited Customer's aligners ship. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility is limited to individuals only. The NewSmile invite program cannot be used by businesses for affiliate lead generation as determined at NewSmile's sole discretion.
If you choose to distribute your referral link via self-generated email, you must comply with all up to date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your invite link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion Referral Referral program.
Right to Close Accounts
NewSmile reserves the right to close the account(s) of any Referrer and/or Invited Customer and to request proper payment if the Referrer and/or Invited Customer attempts to use the Referral program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms
NewSmile reserves the right to terminate or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
SMS Short Code Terms & Conditions
What Information we Collect
We do not collect personally identifiable information unless you provide such information. The following information may be collected through your use of the Website:
Contact information such as name, mailing address, email address and telephone.
Date of birth
User name, account number, and password.
Medical history (if needed per dental professional’s request).
Browser information (IP addresses, browser type, internet service provider (ISP), referring and exit pages, platform type, date/time of visit, and number of clicks on the Website).
How We Collect Your Information
Log Files: Any time you visit the Website, our servers will gather information from your browser as noted above. We gather this information to analyze trends, administer the Website, track visitor movement, prevent fraud, and better enhance the Website.
Cookies: We use “cookies” to keep track of some information while you visit the Website. Cookies are very small files placed on your computer which allow us to track users on the Website and distinguish new and repeat visitors. We are also able to save your user preferences and trends. Cookies allow us to properly operate the Website. If you reject cookies in your browser, you may experience less than optimal functionality of the Website. Cookies are not linked to any personally identifiable information.
Web Beacons: We use web beacons to further personalize the Website for our customers and to collect limited information regarding our customers while they visit the Website. Web beacons are small transparent graphic images that are often used in connection with cookies. We may also use web beacons in email communications with you to help us better understand the behaviour of our customers. We do not link web beacons to personally identifiable information.
Sign-up Information: We collect various items of information when you sign-up on the Website. This information is used to process orders and help provide our services. This is information you provide to us in response to various questions we may ask.
Emails and Telephone Calls: We require an email address to communicate with you. The email will be used for transaction related communications as well as promotional or advertisement purposes. Emails that we send you may contain code to allow us to track your use of the email to help us better understand how to communicate with our customers. If you do not wish to receive emails from us, you may indicate by sending a request to team@NewSmileLife.ca We may send you emails regarding the products and/or services you order from us without offering you the option to opt-out of such emails. We may also contact you by telephone to discuss the services and/or products to better assist you with your smile:)
How We Use Your Information
In general, we use your information to:
Provide the products and/or services you request from us.
Manage our relationship with you as our customer.
Provide information about the products and/or services.
Better understand the effectiveness of our advertising efforts.
Manage our business.
Disclosure of your information to third parties
Disclosure to Dental Professionals: In order to provide the services and/or products, we will provide your information to our trusted dental professionals. They will use the information solely to assess your fit for the product and/or services and to develop a plan to improve your smile:). Our trusted dental professionals will never share, sell or transfer your information for any use other than as stated herein.
Disclosure to Trusted Third Parties: We may share your information with trusted third party service providers. These parties provide various services to NewSmile to allow us to operate our business and include, without limitation, website hosting service providers, data storage service providers, etc. Your information will be treated as private and confidential by these third parties
Disclosure by Law: We may have to disclose your information to third parties as required by law. Any such request must be deemed reasonable upon a request from law enforcement or a legal process requiring us to disclose your information.
We intend to comply with all requirements of the Health Insurance Portability and Accountability Act (“HIPPA”). We will maintain the privacy and confidentiality of your health information as required by HIPPA and all regulations provided by HIPPA.
Updating and Accessing your Information
You may update your information anytime by logging into your account and providing new, updated, or additional data. If you wish to stop using your account, you may deactivate or delete it (don’t worry, you can always reactivate your account). If you deactivate or delete your account we will continue to provide any and all products and/or services you have previously ordered unless we agree with you in writing to discontinue such products and/or services. If you deactivate or delete your account, we will retain your information but it will not be shared with any third parties unless required by law. All information in a deleted or deactivated account will only be used for internal research and NewSmile marketing purposes. We will retain all information for a commercially reasonable time or as required by law.
Special Notice to California Residents.
We will not share any personal information about you with third parties to the extent prohibited by applicable California law or to the extent your prior consent to share is required by applicable California law; and
You have the right to request information from us regarding the manner in which we share certain categories of information with third parties for their direct marketing purposes. California law gives you the right to send us a request at a designated address (Privacy@NewSmileLife.ca) to receive the following information:
the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
the names and addresses of the third parties that received that information; and
if the nature of the third party’s business cannot be determined from their name, examples of products or services marketed.
We may provide this information in a standardized format that is not specific to your situation. Requests may be sent to Privacy@NewSmileLife.ca.
Special Notice to Vermont Residents
Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents of Vermont. In accordance with Vermont law, we will not share information we collect about Vermont residents to companies outside of NewSmile except: (1) as permitted by law; (2) to companies that perform marketing or other services on our behalf; (3) name, contact, transaction, and experience information to our trusted dental professionals; or (4) with the authorization or consent of the Vermont resident. We also will not share non-transactional information about Vermont residents received from others within the NewSmile family of companies except with the authorization or consent of the Vermont resident.