Terms and Conditions

Website Terms of Use

These Terms were last updated on 22 September 2021

Hismile Pty Ltd ACN 602 929 886 (“Hismile”) maintains the websites and associated features and mobile applications located at www.hismileprofessional.com (collectively the “Site”). 

By browsing, accessing, using the Site or ordering a product through the Site, you agree to be legally bound by these terms (“Terms”). The references to “you” and “your,” as used in these Terms, refer to any person browsing, accessing, using the Site or ordering a product through the Site.

Please read these Terms carefully. We may change these Terms at any time, and the revised version will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.

1. Acceptance of the Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SITE. Although you may “bookmark” a particular portion of the Site and bypass these Terms, your use of the Site still binds you to these Terms. If you have a question about these Terms, please email our Team at: help@hismileprofessional.com.
   
   
2. Right to Enter the Site. Subject to your compliance with these Terms, Hismile grants to you a personal, non-exclusive, non-transferable, limited, revocable right to enter and use the Site. Any unauthorised use of the Site terminates the permission granted by Hismile to enter and use the Site. 

If you are under 18 years of age, you should consult your parents about what portions of the Site are appropriate for you. The right to access the Site is revoked where this Agreement or use of the Site is prohibited or to the extent offering, sale or provision of any services conflicts with any applicable law, rule or regulation

You are solely responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. 

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Site. We may, in our sole discretion, refuse access to the Site to any person or entity and change our eligibility criteria at any time.

3. Purchases. The products offered for sale on the Site are subject to availability, and the prices for such products are subject to change without prior notice. 

4. Accuracy of Information on the Site. Hismile attempts to provide only accurate information, but some inaccuracies may occasionally be present. By using the Site you acknowledge that Hismile will not be liable or responsible for any damage or loss caused by or in connection with the use of or reliance on any information on the Site. If you find any information on the Site to be inaccurate, please alert our Team at: help@hismileprofessional.com.

5. Restrictions on Use. Without our prior written consent, you may not:

• use any automated means to access the Site or collect any information from the Site (including, without limitation, robots, spiders, scripts, or other automatic devices or programs), or  

• frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages. As such, you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity to obtain Materials (as that term is defined below), lists of users, or other information for an unauthorized purpose.

You may not, without our prior written permission, use any meta tags or any other “hidden text” that includes our name, trademarks, or service marks, or use any Hismile logo or other proprietary graphic, trademark, or service mark as part of a link. You agree that you will not use the Site in any manner that is inconsistent with or violates applicable law or these Terms or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

You also agree not to do any of the following while using the Site:

• Gather any person’s information available from the Site or transmit any unsolicited advertising, junk mail, “spam,” or chain letters;
• Impersonate or misrepresent your affiliation with any person or entity or create a false identity to mislead Hismile or others;
• Submit false or misleading information;
• Submit or transmit any content that infringes a third party's Intellectual Property Rights (as that term is defined below) or rights of publicity or privacy or that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, threatening, pornographic, racist, harmful (including viruses, corrupted files, or any other similar software or programs), disparaging of Hismile or other persons, or is otherwise objectionable;
• Violate any other policies stated on the Site;
• Repeat any action after you receive a warning or request from Hismile to stop, whether or not that action is explicitly prohibited in our  policies; or
• Fail to respond to communications from us regarding a violation, dispute or complaint.

6. Termination. Hismile may terminate your use of the Site for any reason, including, without limitation, if Hismile believes that you have violated or acted inconsistently with these Terms. Hismile may also modify or discontinue providing the Site, or any part thereof, with or without notice. Hismile is not liable to you or any third party for any termination of your access to the Site, or any modification or termination of the Site.
   
   
7. Ownership and Use of Materials. All information, data, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the Site (collectively, “Materials”) are owned, controlled or licensed by Hismile or our related entities. Except as expressly provided in these Terms, you may not copy, republish, distribute, prepare derivative works, modify, or otherwise use the Materials. Notwithstanding the rights granted to you in these Terms, you may not copy or replicate the design, layout or look and feel of the Site. Unless otherwise permitted, no trademark, service mark, graphic, sound or image from the Site may be copied or republished without our prior written authorisation.
   
   
8. Intellectual Property. All Materials are the property of Hismile or our related entities and are protected by copyrights, trademarks, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”). Except as expressly provided in these Terms, Hismile or our related entities do not grant any express or implied right to use the Materials. The collection, arrangement and assembly of any Materials are the exclusive property of Hismile or our related entities and are protected by Australian and international intellectual property laws, including copyright laws. All software used on the Site is the property of Hismile or our related entities or our software suppliers and are protected by Australian and international intellectual property laws, including copyright laws. HISMILE, HISMILE MOUTH SMILING (figurative), MOUTH SMILING (figurative), HISMILE PAP+, HISMILE SONA, LIP AND MOUTH (figurative), are registered with IP Australia and are trademarks of Hismile or our related entities, in other countries. Related indicia and product trade dress are trademarks of Hismile or our related entities. The absence of any product or service name from the section does not constitute waiver of trademark rights.  You may not use any Hismile or related entity  trademarks to imply any endorsement or affiliation of any product or service without written permission from Hismile. 

We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, notify our Team at help@hismileprofessional.com.

9. User Contact Information. You represent and warrant that all contact information that you submit to Hismile through the Site is complete and accurate. By submitting your email contact information to Hismile through the Site or through associated social media pages you authorise Hismile to send emails to you. If you do not want to receive emails from Hismile, you may request to be removed from our mailing list at: help@hismileprofessional.com. If Hismile has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Hismile may suspend or terminate your Account.

10. Privacy Policy. Your privacy is important to Hismile. Please review our Privacy Policy regarding information we collect through your use of the Site.
    
    
11. User Generated Content. You represent and warrant that all content you upload or provide to the Site or associated social media pages, such as submissions, comments, likes, dislikes, feedback, photos, information, videos, concepts or ideas (collectively “User Content”) does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights. 
    
    Subject to our Privacy Policy and applicable law, you acknowledge and agree that the User Content that you submit or upload to the Site, our social media pages (e.g. hismileprofessional) and 3rd party review platform may be stored in our database vault and will be treated as non-confidential and non-proprietary and may be used or disseminated by Hismile or affiliated companies, successors and assigns for any purpose and without any compensation to you.
    
    You agree to hold Hismile harmless from any damages suffered or claims asserted by a third party as a result of any information you submit through the Site. You may be held legally responsible for damages suffered by Hismile or third parties as a result of legally actionable content that you submit through the Site. Hismile is not legally responsible for any comments, information, or other content posted or made available on the Site by you or a third party, even if such information is defamatory or otherwise legally actionable.
    
    
12. Links to External Sites. We may provide links on the Site or connected blog, to independent websites owned and operated by third parties not under the control of Hismile. These links are not intended as an endorsement by Hismile of the entity or individual operating the website or a warranty of any type regarding the website or the information on the website. By using the Site or connected  blog, you acknowledge that Hismile is not liable or responsible for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

13. Dealings with Third Parties. Your correspondence or business dealings with third parties, such as distributors or third-party shipping services, found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and that third party. You agree that Hismile is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such third party on the Site.
    
    
14. Limitation of Liability. You expressly understand and agree that Hismile and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors:

• are not liable to you for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Hismile has been advised of the possibility of such damages), however arising (including negligence), and 

• will in no event be liable to you for any claims arising from your use of the site or these terms in an amount greater than U.S. $50.00. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
  
  

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 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:

• supplying your ordered products again
• payment of the Shipping Fee to have your ordered products supplied again.

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

15. Indemnity. You agree to indemnify, defend and hold Hismile, and its subsidiaries, affiliates, officers, agents, co-branded partners or other partners, and employees, harmless from any claims, damages, expenses (including reasonable lawyer or attorneys’ fees), allegations, losses and liabilities arising from or related to:

• your violation of these Terms
• your use of the Site
• information that you submit or transmit through the Site
• your access to or use of linked sites, and 
• any dealings between you and any third parties referenced on the Site.

16. General. 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 the validity or enforcement of the remainder of these Terms. 

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.

17. Changes to These Terms. Hismile may modify, add, or delete portions of these Terms without prior notice. Although Hismile will post a notice of any material change to the Terms on the Site for 30 days, you are responsible for checking the Site periodically for changes to these Terms. By continuing to use the Site after Hismile posts any changes, you agree to be bound by these Terms, as modified. Your access and use of the Site is subject to the most current version of these Terms, which were last updated on 22 September 2021.