Product Liability Terms

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PRODUCT LIABILITY TERMS

A. PRODUCT LIABILITY INFORMATION

At Whistle, we are committed to providing high-quality dental products to help you achieve a healthier, more beautiful smile. Our dedication to excellence extends to our product liability practices. While we strive for excellence in every aspect of our work including the manufacturing of aligners and Products, it’s essential to be informed about potential risks and responsibilities. These terms aim to inform you about our commitment to product safety, our procedures in case a product issue arises and the related disclaimers. Please read these product liability terms carefully to understand your rights and responsibilities when using our dental aligners and Products.

B. OUR COMMITMENT TO PRODUCT SAFETY

Quality Assurance: We adhere to strict quality control standards throughout the manufacturing process to ensure the safety and reliability of our aligners and Products.
Regulatory Compliance: All our aligners and Products are developed, manufactured, and distributed in compliance with relevant regulations and standards.
Continuous Improvement: We constantly strive to improve the quality of our aligners and Products and incorporate customer feedback into our product development processes.

C. WHAT TO DO IN CASE OF A PRODUCT ISSUE

While we take every precaution to ensure our aligners and Products safety, unforeseen issues may occasionally arise. If you encounter a problem with one of our aligners or Products, please follow these steps:

Stop Use: If you suspect an issue with our aligner or Product, please discontinue its use immediately to prevent any potential harm.
Contact Us: Get in touch with our customer support team at the following email address: care@whistle.in and you can contact our customer support team between Monday to Sunday, 9:00 AM TO 6:00 PM at 18003095252; or via the contact information available on our website under the “Contact Us” section. Please provide them with detailed information about the issue you have encountered.
Documentation: Please keep the aligner and the Product with all the invoices and receipts in original condition (with the brand’s/manufacturer’s box, MRP tag intact, user manual, warranty card and all the accessories therein). Keep all relevant documentation, including the image of the aligner and Product including the original packaging with their seals, labels, lot numbers and bar-codes intact with all supporting photographs or descriptions of the issue.
Product Return: Our Product return processes are provided under our refund policy available at https://lovemysmile.com/refund-policy/, Our customer support team can guide you through the process of returning the aligner or Product if necessary. You can email us at care@whistle.in and you can contact our customer support team between Monday to Sunday, 9:00 AM TO 6:00 PM at 18003095252; or via the contact information available on our website under the “Contact Us” section.
Investigation: Once we receive the aligner and Product, as applicable, our quality assurance team will conduct a thorough investigation to determine the root cause of the issue and to establish whether the damage has emanated from its aligner or Products or Services. Please ensure that the aligner and Product are kept in their original condition so that the defect or wreckage (if any) is secured and stored in a safe location for an accurate and prompt root cause analysis.
Resolution: Depending upon the investigation findings, we will take appropriate actions to resolve the issue, which may include either a replacement, refund (upon return of the aligner or Product) or further investigation, as may be necessary.

D. PREVENTATIVE MEASURES, LIMITATION FOR DEFINED USE AND DISCLAIMERS:

We firmly believe that prevention is the best way to avoid any product liability issues. Here are some tips to help ensure the safe use of our aligners and Products:

Consultation with a Healthcare Professional: Our aligners and Products are designed to aid in orthodontic treatment. However, before using them, always consult a qualified dentist/orthodontist who can evaluate your unique dental condition and recommend the appropriate Products, aligners, and treatment plan. Individuals with any type of medical or dental condition are specifically cautioned to seek professional medical advice and should follow the advice and consultation of your dentist before beginning any sort of dental treatment and act only upon their clinical judgment.
Individual Results May Vary: The effectiveness of our aligners or Products may vary from person to person. Factors such as adherence to standard Documentation, instructions for use, dental health, and compliance with the Agreement terms, usage of aligner or Products in adherence to the dentists’ instructions (including wearing the same for the prescribed number of hours per day), can influence the performance of the aligner and Product and outcome of the treatment.
Limited Warranty: Whistle and Star Smile Technologies Private Limited offers a limited product warranty. Please refer to the Whistle product and terms and conditions available at https://whistle.in/product-terms-and-conditions/ and on our website for specific warranty terms and conditions.
Your use of our website and purchase of the aligners and Products are governed by our Product Terms and Conditions, available at https://whistle.in/product-terms-and-conditions/ , the Privacy Policy available at https://lovemysmile.com/privacy-policy/, the refund policy available at https://lovemysmile.com/refund-policy/ and this product liability terms, which together with any Supplemental Terms constitute the Agreement. Please read each of the Agreement terms carefully before you decide to access the website or purchase any of our aligners or Products or avail the Services. Unless the context otherwise requires, all capitalized terms used but not defined herein shall have the meanings set forth in the respective Agreement documents.

E. STANDARD WARNINGS:

Age Restriction: Our products are intended for use by adults and children under the prescription and guidance of a qualified dental professional. Keep them out of reach of infants to prevent any accidental ingestion or misuse.
Proper Usage: Strictly follow the instructions for use and read all the Documentation and frequently asked questions available at at https://whistle.in/faqs/ related to the aligners and the Product carefully. It is important to wear the aligner and Products for the length of time prescribed by your dental practitioner, as applicable. Using the aligner or the Products, as applicable inappropriately can lead to ineffectiveness or potential harm.
Regular supervision by qualified dental professional: Regular dental checkups and cleaning are recommended for the continued health of your teeth and gums. Continue to visit your qualified dentist/orthodontist and follow their recommendations before usage of the aligners or Products and throughout the smile transformation journey.
Allergic Reactions: Discontinue use and immediately consult your qualified dentist/orthodontist/doctor if you experience any signs of an allergic reaction such as irritation, pain, swelling, or discomfort.
Temporary Discomfort: Minor discomfort or soreness is normal during an orthodontic treatment/ Product usage. If the discomfort becomes severe or persists, consult your dental professional.
Oral Hygiene: Maintain good oral hygiene practices throughout your usage of the aligners, Products, and the treatment process, including regular brushing and flossing after each meal or snack, to prevent dental issues. If you have any questions regarding your hygiene techniques, consult your dental practitioner.

F. EXCLUSIONS:

User Responsibility: Users of our aligners and Products are solely and exclusively responsible for their own dental health and treatment outcomes. Whistle or Star Smile Technologies Private Limited or any of their Protected Entities shall not be liable for any complications arising from improper usage, or non-compliance with recommended guidelines, Terms, or the Agreement.
Pre-existing Dental Conditions: We do not guarantee the correction of pre-existing dental conditions or complications that may arise during treatment. Consult with your dental professional for a comprehensive evaluation.
Third-Party Products: Whistle, Star Smile Technologies Private Limited or any of our Protected Entities are not responsible for your use of third-party dental products or accessories in conjunction with our aligners or Products. Kindly ensure compatibility at your own risk and fully adhere to your dentist’s/orthodontist’s recommendations.

G. DISCLAIMERS FOR PRODUCT WARRANTY AND LIABILITY EXCLUSIONS

You acknowledge that you have undertaken your own due diligence with respect to the application of the aligner and Product. You are solely and exclusively responsible to independently evaluate the aligner and the Product meeting your end-use requirements as prescribed by your dentist/orthodontist based upon their thorough clinical evaluation.
Our website, aligners, Products, Services, content, and other software are provided on an “as is” and “as available” basis, without any representations, warranties, covenants, or conditions of any kind whatsoever. Except for the limited product warranty provided within the warranty period, as per the Product terms and conditions, which are the sole and exclusive warranties for our website, Products and aligners provided to the maximum extent permitted under applicable law, Whistle, Star Smile Technologies Private Limited and our Protected Entities expressly disclaim all warranties or representations (whether express or implied) and any and all liability arising from any use of the aligner or Product including but not limited to merchantability or fitness of the Product for a particular purpose, or as to any results obtained or any performance or function as intended or reliance on any such information meeting the requirements. All the terms and conditions including the warranty disclaimers and liability exclusions in any of the Agreement documents are incorporated herein by reference. You agree that none of our Protected Entities or any third party may extend or provide any warranty on our behalf in relation to the aligner, Product, or your Agreement.
You expressly acknowledge and agree that neither Whistle nor Star Smile Technologies Private Limited or any of their Protected Entities shall be liable for any indirect, consequential, incidental, or special damages, loss or claims, suffered by you or any other third party, in connection with your Agreement or arising from the aligner or any Product’s defect, error, fault, or failure to perform in any manner whatsoever.
You expressly acknowledge and agree that neither Whistle nor Star Smile Technologies Private Limited or any of their Protected Entities will be liable for any misuse or modification or use of the aligner or Products contrary to the terms of the Agreement or in combination / conjunction with any other third party product or part thereof.
You or your dentist are solely responsible to determine the suitability of the aligners or Products to ensure that they are suitable, safe, and meet your medical requirements and their desired end-use and performance is as intended, in compliance with all applicable legal and regulatory requirements.
You agree to be solely liable for the use of the aligners and Products as per their Documentation and IFU’s etc. and ensuring their safe and legal use, processing, storage and handling thereof.
You shall be solely and exclusively responsible for all claims, losses, damages, and expenses in relation to the aligner or Product’s application or arising in connection with any negligence, delay of any order, default, breach, inaccurate information, or User Content provided by or attributable to you or any of your affiliates or successors, and assigns.

H. CONTACT US

If you have any questions, concerns, or need assistance related to product liability or our aligners or Products in general, please contact our Customer Support team at the following email address: care@whistle.in and you can contact our customer support team between Monday to Sunday, 9:00 AM TO 6:00 PM at 18003095252; or via the contact information available on our website under the “Contact Us” section.
We appreciate your trust in Whistle and Star Smile Technologies Private Limited and are committed to maintaining the highest standards of product safety and quality.

By using our dental and aligner Products, you acknowledge that you have read and understood the information provided in this product liability terms. It is essential to make informed decisions about your orthodontic treatment in consultation with a qualified dental professional.

Product Liability Terms