Legal Disclaimer
SmileFam Product Disclaimer
1. SmileFam Pte. Ltd. (the “Company”) offers a wide range of dental products, including but not limited to electric toothbrushes, teeth whitening products, whitening and/or flavoured toothpastes (the Company’s “Products”).
2. Any information provided by the Company about the Products is for informational purposes only. The Company expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Users of the Products (“you” or “your”) rely on the information provided by the Company on the Products and use the Products at your own risk.
3. This disclaimer applies to all the Company’s Products, including its teeth whitening products (“Teeth Whiteners”). In Singapore, teeth whitening products containing more than 0.1% of hydrogen peroxide must be used by or supplied through registered dentists. By purchasing the Company’s Teeth Whiteners, you accept all risks associated with teeth whitening using hydrogen peroxide, and/or any other chemicals or ingredients used in manufacturing the Teeth Whiteners. You also accept that the Company directors, agents, staff, employees and/or affiliates hold no responsibility for any issues arising or connected with teeth whitening using hydrogen peroxide, and/or any other chemicals or ingredients used in manufacturing the Teeth Whiteners.
4. This disclaimer supersedes all prior agreements, understandings, or representations, whether oral or written, relating to representations made by the Company on its Products.
5. Without prejudice to the generality of the terms in these clauses, you are advised to consult your dentist prior to using the Company’s Teeth Whiteners. Your dentist can evaluate your tooth health and address any issues, such as cavities, tooth decay or gum disease, and your dentist would be able to advise you on whether your teeth are healthy enough to withstand at-home teeth whitening products, and whether you would be compatible with the Company’s Teeth Whiteners.
6. We supply the Company’s Products with a set of instructions on its use. Please follow the instructions, as not doing so could result in damage to your teeth and/or gums, affect the efficacy of the Products and/or cause accidents arising from electrical or other faults. With regards to the Teeth Whiteners, please note that overuse or incorrect use of the Teeth Whiteners may result in damage to your teeth and/or gums as well as side effects, the consequences of which the Company disclaims liability from.
7. The results from the Teeth Whiteners are likely to vary from person to person, due to genetic and lifestyle differences, as well as the pre-existing condition of your teeth. The Company is unable to guarantee any results through your use of the Teeth Whiteners. You acknowledge that the effects of the Teeth Whiteners will diminish over time, and that your personal habits and lifestyle choices may affect the longevity of the effect of the Teeth Whiteners.
8. Individuals react differently to teeth whitening, and some may experience more tooth sensitivity. If you experience a high level of teeth sensitivity following use of the Company’s Teeth Whitener, we advise you to stop using the Company’s Teeth Whitener immediately and consult your dentist.
9. You acknowledge and agree that:
(a) You have had an oral check-up with your dentist in the past 6 months and have consulted them about using the Company’s Products;
(b) You choose to purchase or use the Company’s Products at your own risk;
(c) You will use the Products in accordance with the instructions provided by the Company;
(d) You will only use the Teeth Whiteners for teeth whitening purposes;
(e) You will not tamper with the Company’s Products;
(f) You will not use the Company’s Products if you are pregnant or nursing;
(g) You do not have any oral health issues that prevent you from using the Company’s Products;
(h) The Teeth Whitener does not whiten artificial teeth, veneers, fillings, crowns and/or bridges;
(i) The Company’s Products are not a substitute for regular dental checkups, or any dental care treatments;
(j) The Company’s directors, agents, staff, employees and/or affiliates are not dentists, and you do not hold them to the standards of a dentist;
(k) You are not allergic to Hydrogen Peroxide and/or any of the chemicals or ingredients listed in the Company’s Products;
(l) You are over 18 years of age. If you supply the Product to a child, you agree to supervise the child’s use of the Product;
(m) If the Product comes into contact with your eyes, if you swallow the Product, and/or if the Product is applied on your skin and causes irritation, you will seek medical assistance immediately;
(n) You will have regular check-ups with your dentist when using the Teeth Whiteners;
(o) You agree to indemnify, defend and hold harmless the Company and its directors, agents, staff, employees and/or affiliates harmless from any claim or demand, including for reasonable legal fees, made by you, or any third party due to your misuse or mishandling of the Products;
(p) In the event of a dispute between you and the Company, you agree that Singapore law shall apply to govern the dispute and that the dispute shall be settled privately between you and the Company at mediation in the first instance. If the dispute is not resolved within 60 days of the matter being referred to mediation, either party may refer the dispute or claim to the courts of Singapore which has exclusive jurisdiction to settle any such dispute or claim. You further agree that the Company’s total liability over any claims by you is limited to the amount paid by you for the Company’s Product(s); and
(q) You have read, understood, and agreed to this disclaimer in full before purchasing the Company’s Products.