expected to check this page from time to time to take notice of any changes we made, as they are
means that you accept and agree to the changes.
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or
amend the Services without notice. We will not be liable if for any reason this Website is
unavailable at any time or for any period. From time to time, we may restrict access to some
parts or this entire Website. This website may contain links to other websites (the "linked sites"),
which are not operated by Smile Strive. We have no control over the linked sites and accept no
responsibility for them or for any loss or damage that may arise from your use of them. Your use
2. TERMS OF PRODUCT USE
You must only use the home teeth whitening kit in accordance with the instructions provided and
only for the purpose in which they are provided. Nothing in these terms provide you with any
entitlement or right to sell, license or distribute our products to third parties.
This website is not a substitute for professional medical advice, however we do advise to consult
your health care practitioner/dentist/doctor/ or physician before the purchase of our product.
Your physician or health care practitioner can address any concerns, medical questions and
queries regarding the possible treatment of any medical condition. Smile Strive does not, and is
not, able to give or intend to provide any advice in connection with your medical related
questions. This website does not replace any medical professional resource.
We do not represent ourselves as a doctor/physician and nor is this implied. Whiteness from this
product will vary from customer to customer depending on factors such as the structure of one’s
teeth, the number of times it is being used and the duration of time on each whitening
session. Teeth whitening may not be uniform due to the difference in people’s teeth and, unless
you meet the criteria for our Money Back Guarantee, Smile Strive is not liable to you for any
undesired results. Whitening fades with time and a regular up keep is recommended in order to
maintain white teeth. Whitening products will not whiten dental work such as veneers, crowns,
bridges or cavities. By placing an order through Smile Strive you accept all risks associated with
the product as well as any complications that may arise as result of your use of the product.
PEOPLE UNDER THE AGE OF 18, WHO ARE PREGNANT, HAVE HEALTH PROBLEMS,
PERIODONTAL DISEASE OR GUMS THAT ARE IN POOR CONDITION, OVERLY
SENSITIVE TEETH, WEAR BRACES, HAD RECENT ORAL SURGERY, DECAYED
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TEETH, HAVE ROOTS EXPOSED, HAVE COLITIS, HAVE JAW PROBLEMS, OR ARE
ALLERGIC TO ITEMS INSIDE THE GEL SHOULD CONSULT A RELEVANT MEDICAL
PROFESSIONAL BEFORE USING THIS PRODUCT. IT REMAINS THE USER’S
RESPONSIBILITY TO ENSURE YOU ARE NOT ALLERGIC TO ANY OF THE
INGREDIENTS INSIDE THE PRODUCT BEFORE USING.
3. TAXES, FEES AND DUTIES
When, or after delivery is made, there may be fees, duties, import/export and excise taxes, as
well as other fees or assessments which may be assessed or levied by any national, state, or local
government and any of their departments and subdivisions in relation to the ordered product.
These charges are not included in the original shipping charge, and must be paid by you in
addition to the amounts stated on our website. You will not be entitled to payment or
reimbursement by Smile Strive for those charges.
If you fail to pay the required fees, duties, taxes or assessments and the items are returned to us,
we will provide you with a refund for the returned product excluding the original delivery costs.
In the event the parcel is rejected by you and not returned, Smile Strive will not send another
parcel or make a refund.
Returns are only with our prior written consent, which may be withheld at our sole discretion and
provided on a case by case basis.
Results will vary greatly from person to person, depending on the type of teeth or conditions of
teeth/stains the user has. It may take a number of months to completely rid your teeth of tough
stains. We here at Smile Strive are not able to refund home teeth whitening kit purchases unless
the product is defective or you qualify for a refund in accordance with our Money Back
If you are not satisfied with the goods you have received, and you wish to return, you can return
them to us within 30 days of receipt. To qualify for a return and refund, your item must be
unused and in the same condition that you received it, including all original packaging and
accompanying material. The product must be sealed.
We are not able to refund or exchange items that appear to have been used, opened, or are not in
original condition. If you return items that do not qualify and wish to have these returned to you,
we may request that you cover the delivery cost.
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Smile Strive will offer a refund for defective items only if the defective product is returned to us.
We will review your claim as soon as we can and, if we are satisfied that your product is
defective once returned, we will provide you with a refund for the defective product.
5. LIMITATION OF LIABILITY
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
products and the provision of them are expressly excluded from these Terms.
If any legislation implies into these Terms any term or warranty and also prohibits provisions in
a contract excluding or modifying the application of or exercise of, or liability under, that term or
warranty, is deemed to be included in these Terms.
To the maximum extent permitted by the applicable law, we expressly exclude liability for any:
indirect, special, incidental, or consequential loss or damage suffered by you which may
arise in connection with these Terms, or the provision of our product, its use, or in respect
of other equipment or property;
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 service provider; and
loss of profit, business, revenue, goodwill.
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:
the supplying of our product again; or
the payment of the cost of having the product 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 the product.
6. DISPUTE RESOLUTION
Unless otherwise specifically provided in these Terms, a party to these Terms must not
commence court proceedings, save for proceedings seeking interlocutory relief, in respect of a
dispute arising out of these Terms unless it has complied with the provisions of the below dispute
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A party must give the other a notice (dispute notice) setting out:
what the party considers is in dispute; and
what that party requires to be done to resolve the dispute and the grounds it has for those
During the dispute resolution process the parties must continue to act in accordance with these
Terms. If the dispute is not resolved by mediation within 30 days of the delivery of the dispute
notice then either party may terminate the mediation.
Costs associated with the appointment of a mediator shall be borne equally between the parties to
the dispute. Subject to the above paragraph, each party must pay its own legal costs and
disbursements connected with the dispute.
7. INTELLECTUAL PROPERTY
Except to the extent owned by our suppliers or licensors, we own all Intellectual Property Rights
subsisting in our website, our product and our branding. Nothing in these Terms or our website
in any way grants you any right or entitlement of whatever nature in respect of our Intellectual
We reserve all rights, title and interests in our Intellectual Property Rights.
For the purposes of this paragraph, Intellectual Property Rights means intellectual property
rights conferred by statute, common law or equity in any part of the world including (without
limitation) patents, trademarks, copyright and neighboring rights, designs, domain names, know
how, circuit layouts, moral rights, rights in get-up, inventions and other results of intellectual
activity in the industrial, commercial, scientific, literary or artistic fields, whether registered or
not, and all other rights of a like nature which are now or may in the future subsist or be
conferred in relation to them by the law in force in any part of the world, including all renewals
You must not misuse this website. You will not: commit or encourage a criminal offense;
transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious,
technologically harmful, in breach of confidence or in any way offensive or obscene; hack into
any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights
of any other person's proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as "spam"; or attempt to affect the performance or functionality of any
computer facilities of or accessed through this Website. Breaching this provision would
constitute a criminal offense and we will report any such breach to the relevant law enforcement
authorities and disclose your identity to them.
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You agree to indemnify, defend and hold harmless Smile Strive, its directors, officers,
employees, consultants, agents, and affiliates, from any and all third party claims, liability,
damages and/or costs (including, but not limited to, legal fees) arising from your use this website
all other clauses remaining in full force and effect. So far as possible where any clause/sub-
clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and
interpreted in such a w ay that closely resembles the original meaning of the clause /sub-clause
as is permitted by law.