Your access, browsing, or use of our website and/or purchase of our aligners, Products or Services, constitutes your consent to comply with and be bound by the Agreement and any additional terms, policies, and guidelines referenced herein or on our website. The Agreement forms a legally enforceable contract between you and us for the aligners, Products and/or Services purchased or accessed. In the case of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control as to the aligners, Products and Services addressed in those Supplemental Terms. Unless otherwise specified, the terms defined in any of the Agreement documents shall apply throughout this Agreement.
1.1. "Product(s)" means and includes the clear aligners and other products available on the Whistle website.
1.2. "Services" means services in respect of the manufacturing and delivery of aligners provided by Star Smile Technologies Pvt. Ltd. ("ST"). It is clarified the aligners and dental products are catered under the brand name "Whistle" owned and controlled by ST.
1.3. Any services related to the clinical diagnosis, advisory and treatment, in respect of the aligners or Products, is not provided by ST but through the network of its third party clinical partners ("Partner Clinics") in the individual capacity. These third party clinics, are operated independently by professionals/ dental service organisations. While the professionals at the Partner Clinics would be providing relevant information in respect of the aligners or Products you hereby agree that we would not be responsible in any manner whatsoever for the services or procedures carried out by such professionals at such third party Partner Clinics.
You confirm that you are legally entitled to and agree to purchase the aligners, Products and avail the Services. To use Whistle aligners, you must be at least 9 years of age and have all of your permanent teeth. You also need to have a qualifying orthodontic condition that can be treated with aligners and shall be prescribed by a registered dental practitioner. You are responsible for ensuring that you use aligners and Products which are appropriate to your age. If at any time, your capacity for use is restricted in any way, you agree to notify us immediately, and we will have the right to restrict, suspend or terminate your Agreement, your account and access to the aligners, Products and Services, as applicable. You agree to comply with all applicable laws and regulations including those governing minors and their treatment, parental notice, consent, and other requirements. Notwithstanding the foregoing, you agree that we may monitor details (including collecting age or other metrics) to ensure compliance.
Whistle will create a custom Product plan for you based on your dental impressions / digital scan and other information provided by you under the guidance of your dental practitioner. If you don't have a prescription from a dental practitioner, then Whistle will arrange your dental consultation with one of its Partner Clinics. The Product plan will be based on the prescription of the dental practitioner and the dental impression submitted by you. The plan will outline the expected stages and aligners required for your smile makeover, the number of aligners you will need, and other important details. The plans, reports, reference guides, or the like contained in, or provided with our aligners, Products or Services are not intended to give any medical advice and are not a substitute for the exercise of professional, clinical judgment. They may be subject to errors or omissions and are designed to be used under the supervision and prescription of a licensed dental or a health care professional only.
To ensure the best results, it is important that you wear your aligners/ Products under the direction of a licensed or authorized health care professional, for the recommended amount of time each day and switch to the next set of aligners/ Products as directed by your doctor. Failure to comply with these guidelines may result in a longer treatment time or less effective results. Your use of the aligners, our Products and Services are subject to these and any other applicable terms, conditions, and policies. You agree to use the aligners and our Products and Services only for their intended purpose and consistent with any Product and Service-related materials, technical, safety, or use instructions or other documentation (e.g., clinical guidelines, physician, and patient instructions for use (“IFUs“), specifications, manuals, and warranty terms, including all updates thereto (collectively “Documentation“). You further agree that you are purchasing and accessing the aligners, Products and Services for yourself or for those under your supervision (including a minor). You agree that you are responsible for reading and understanding IFUs and any updates, including any contraindications and risks. You agree that you are solely responsible for ensuring that you (or the minor under your supervision) do not have any contraindications relating to the use of the aligners, Products and Services. You agree that you have understood the risks before purchasing any aligner, Product or undergoing any treatment and will continue to regularly review and understand all risks that the aligners, Products, Services, and the treatment presents to you. We periodically update the IFUs and other Documentation. You will ensure that you are duly informed and understand the medical risks and proper use of the aligners, Products and Services before starting treatment. You will use our website, aligners, Products and Services at all times, in accordance with our brand guidelines and in a manner that reflects us favourably in relation to our goodwill, and reputation. You will not engage in illegal, deceptive, misleading, or unethical practices. If we determine, in our sole discretion, that you are using the website, aligner, Products or Services for an unauthorized purpose, or for a purpose that conflicts with the Agreement or any related terms or policies, or if you pose a risk to us, we may exercise our right to suspend your account or terminate the Agreement.
After an order is placed, all Products will be shipped together, or periodically in phases (based on the aligner treatment plan prepared by your dentist/orthodontist). We reserve the right to refuse or cancel orders at our discretion. We shall not be liable for any damages, losses, or expenses that you incur if we fail to meet targeted delivery dates. Title and risk of loss of all Products shipped to you are free-on-board shipping point, however we shall retain a lien on the aligners and Products, until full payment is received.
6.1. By placing an order, you agree to pay the specified price for the Products and Services, without any deductions, withholding or set-off whatsoever except for tax deductions (subject to provision of relevant tax deduction certificates). All applicable prices are subject to change without notice unless written notice is legally required.
6.2. You will pay all invoices in full and cleared funds. Timely payment of invoices is of the essence. Without limiting any other remedies or rights that we may have, we may cancel or suspend any or all agreements, including the terms of this Agreement if you fail to pay invoiced amounts by the invoice date. We retain the right to stop the supply of aligners, Products and/or Services and not accept or fulfil any orders until all outstanding amounts owed have been paid.
As with any orthodontic product or appliance, there are risks associated with using Whistle aligners. These may include tooth and gum sensitivity, discomfort, and changes to your bite or tooth alignment. You should discuss these and all other risks with your dentist or orthodontist before purchasing the aligner or beginning the treatment
8.1. Whistle is a medical device manufacturer and does not practice dentistry or give medical advice. Whistle uses third party software that represents planned tooth movements based on the setup and does not reflect actual tooth movements; tooth movement data should be used as a reference only. Your dentist is solely responsible for prescribing and administering orthodontic treatment and maintaining all patient medical records. If you don't have a dental prescription for dental aligners, then you may seek Whistle recommended Partner Clinics. We are not, and will not be, responsible for your dentists or our Partner Clinics or your own health care decisions regarding the use of any of our aligners, Products or Services; and without limiting the foregoing, you and your dentist or our Partner Clinics shall always exercise their clinical judgment for any medical situation or treatment and assess the attendant clinical risks. Aligner therapy is intended for the purpose of teeth alignment and improvement. The results may vary from person to person. We do not guarantee any individual results or a successful treatment outcome. Individual results will vary. We warrant that our products during the warranty period: (i) when used consistent with the instructions provided, shall conform to the specifications provided in the treatment setup that your dentist approves; and (ii) are free from defects in material and workmanship. We provide no warranty and shall not be liable for: (i) any defects that are caused by neglect, misuse, or mistreatment of its aligners or Products by you, or any third party; (ii) any defects that are caused by customers' failure to follow directions; (iii) any aligners or Products that have been altered or modified in any way by an individual or entity other than us; (iv) any aligners or Products or any part thereof being used in combination with any other third party products or services; (v) any defects that result from errors in your submitted records or prescription by your dentist; (vi) your (including any of your agents) use of the aligners or Products in breach of the Agreement (including as a result of any breach of any of the terms of license provided); (vii) a customized specification, design or instruction provided by you, based on which the aligner or Product was supplied, and if the defect, breach or infringement claim is attributable to such specification, design or instruction provided by you, (viii) outcome of any treatment using our Products, whether or not used in combination with related services ; or (ix) any aligners or Products used after the expiration date.
8.2. Upon delivery, you will immediately examine the aligner and Products for quantitative and qualitative conformity. Any patent / obvious defect shall be immediately notified to us in writing, in case of a latent/hidden defect, the same shall be notified in writing, within seven days from the date of delivery of Products. If no notification is received within these time limits, the delivery shall be deemed to be completed without any default and the aligners and Products shall be deemed accepted.
8.3. The limited warranty for each aligner / Product expires 7 days after delivery date of the aligner / Product to your orthodontist/ dentist or in case the aligner/ Product is directly delivered to you, then 7 days after the delivery date to you ("Warranty Period"). When making a warranty claim, you agree to provide the requisite assistance to our quality assurance department in performing an investigation into the defective product.
8.4. Delays to a customer's wear schedule after Products are shipped do not extend the limited Warranty Period. Immaterial discrepancies shall not constitute a breach of the limited warranty or a defect. If any Whistle product fails to conform to the limited warranty set forth above, our sole and exclusive liability, at our option, shall be to either: (i) replace such Product or aligners; or (ii) credit your account for the cost paid for such Product or aligners. You will be required to return such Product or aligner in order to receive a replacement or credit. If we elect to replace such Product or aligners, replacements will be provided based on your records with us. If you have questions about your case record please contact email@example.com . Replaced Products or aligners shall be covered under the limited residual Warranty Period described above. EXCEPT AS SET FORTH ABOVE, 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. THE WARRANTIES IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES FOR OUR WEBSITE, PRODUCTS AND ALIGNERS AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR PROTECTED ENTITIES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY (OTHER THAN THOSE IDENTIFIED OR REFERENCED IN THIS SECTION, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE, INCLUDING (1) ANY WARRANTY FOR EFFECTIVENESS OF THE ALIGNERS OR PRODUCTS OR OF MERCHANTABILITY, OR FITNESS FOR ANY SPECIFIC PURPOSE, (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE), TITLE, AND NON-INFRINGEMENT; (2) ANY WARRANTY AGAINST DATA LOSS; AND, (3) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR QUALITY OF CONTENT IN, OR LINKED TO, THE ALIGNERS, PRODUCTS OR SERVICES; (4) ANY WARRANT THAT THEY ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION; AND (5) ANY WARRANTY THAT YOUR USE OF THE ALIGNERS, PRODUCTS OR SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS UNDER ANY LAWS OR REGULATIONS. TO PROCURE OUR ALIGNERS, PRODUCTS OR SERVICES, YOU ARE REQUIRED TO CREATE AN ACCOUNT AND PROVIDE ACCURATE AND COMPLETE INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR USER CONTENT, FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF, OR RELIANCE ON, THE ALIGNERS, PRODUCTS OR SERVICES. NEITHER ANY PROTECTED ENTITY OF OURS NOR ANY PARTNER CLINIC IS AUTHORIZED TO GIVE ANY OTHER WARRANTIES OR MODIFY ANY WRITTEN LIMITATIONS OR EXCLUSIONS.
8.5. It is hereby clarified that in cases where the aligners or Products are provided in conjunction with any services provided by Partner Clinics as a bundle, then you hereby agree that the terms and conditions of the said Partner Clinics shall be applicable, including those pertaining to returns, refunds, cancellations etc.
If you decide to cancel your order with us, then you may be responsible for a cancellation fee as outlined in the Refund Policy.
11.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW: (I) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS, SUPPLIERS, AFFILIATED ENTITIES OR ANY OF OUR DIRECTORS, OFFICERS, REPRESENTATIVES, EMPLOYEES, STAFF, AGENTS AND THEIR SUCCESSORS AND ASSIGNS (collectively, the "Protected Entities") BE LIABLE (EVEN IN CASE OF NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, UNDER ANY THEORY, INCLUDING DAMAGES RELATED TO: (1) YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY ALIGNERS, PRODUCT OR SERVICE; (2) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, OR ELECTRONIC COMMUNICATIONS; (3) CORRUPTION, SECURITY, VIRUSES, OR SPYWARE; (4) LOSS OR THEFT OF DATA, OR THE FAILURE TO DELETE DATA; (5) LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT; (4) USE OF SOFTWARE OR HARDWARE; (5) USER CONTENT; OR, (6) A FORCE MAJEURE, EVEN IF WE OR OUR PROTECTED ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE LIABILITY IS OTHERWISE FORESEEABLE, AND REGARDLESS OF WHETHER THE LIMITED REMEDIES UNDER THE AGREEMENT FAIL IN THEIR ESSENTIAL PURPOSE; (II) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS, DAMAGES, LOSSES, DEBTS, LIABILITIES, COSTS, PAYMENTS, EXPENSES, (INCLUDING LEGAL COSTS), CAUSE OF ACTIONS AND OBLIGATIONS, OF ANY KIND WHATSOVER ARISING FROM OR RELATED TO PROVISION OF THE ALIGNERS, PRODUCTS OR SERVICES, USER CONTENT, OR THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, MISCONDUCT OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, OR OTHER THEORY ("CLAIMS") WILL BE LIMITED TO FIFTY PERCENT (50%) OF THE AMOUNT YOU HAVE PAID TO US FOR SERVICES OR PRODUCTS.
11.2. THE AGREEMENT SETS FORTH OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES CONCERNING THE AGREEMENT TERMS AND ANY ALIGNERS, PRODUCTS OR SERVICES, INCLUDING THEIR USE. ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF ANY KIND (INCLUDING THOSE IN THIS SECTION AND ELSEWHERE IN THE AGREEMENT) ARE MADE FOR OUR AND OUR PROTECTED ENTITIES BENEFIT.
11.3. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE ALIGNERS, OUR PRODUCTS AND SERVICES ARE BASED IN PART ON, AND REFLECTIVE OF, THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY IN THE AGREEMENT AND THAT SUCH DISCLAIMERS AND LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND US.
11.4. To the fullest extent permitted under applicable law, you will indemnify and hold us and our Protected Entities harmless (and, at our option, in accordance with the subsequent paragraph, defend), against any and all Claims arising from or relating to: (i) your breach, or any acts or omissions that, if true, would be a breach, of any provision of the Agreement, any applicable law or any other terms and conditions agreed with us; and (ii) your or your affiliates, representatives or agents use of any aligners, Product or Service, including the User Content or your provision of incorrect or incomplete information, or any failure to timely provide us with any other information we request from you.
11.5. At our sole option, you will assume control of the defense, but we reserve the right, in our sole discretion and at our expense, to assume exclusive control over the defense at any time. You agree to reasonably cooperate as requested by us. You may not enter into a settlement under this section without our prior written approval.
12.1. All content on our website, including text, images, logos, and our aligners, Products and Services and all Documentation and any other materials, used or developed in connection with the Agreement are protected by copyright, patent, trademarks, trade secret, and other intellectual property rights (whether tangible or intangible) and are the sole property of the company. Subject to your compliance with the Agreement, you are granted a revocable, non-exclusive, non-sublicensable, and non-transferable, limited license to use the aligners, Products (including Documentation) and Services to the extent required for your treatment, in accordance with all the IFU's, Documentation and any applicable terms. No other right is granted to you or any third party other than what is explicitly granted under this section. You may not commercially distribute or resell our aligners, Products or Services to any third party without our prior written consent.
12.2. For any embedded software or other applications supplied to you by us, you will not and will not permit any third party to attempt to, or to in fact: (a) copy, reproduce, distribute, modify, adapt, alter, translate, or create derivative works therefrom; (b) assign, sublicense, lease, rent, loan, transfer, disclose, or otherwise make available such software or other works; (c) merge or incorporate such Services or software with or into any other third party software; (d) reverse assemble, decompile, disassemble, or otherwise derive the source code or the algorithmic nature for such software; (e) decode, de-crypt or neutralize any security measures in such software or remove or circumvent the protection of such software, without our written authorization except as explicitly mandated under applicable law; or, (f) perform any action that would require the software, or any derivative work thereof, to be licensed under any applicable open source terms, including but not limited to: (1) combining the software or a derivative work thereof with open source software, through incorporation, linking, or otherwise; or, (2) using open source software to create a derivative work of the software. You agree that you will inform us promptly if you become aware of any person infringing any of our intellectual property rights.
User content means any health care data, treatment information and plans, materials, text, graphics, images, audio, video, works of authorship of any kind that are uploaded, transmitted, posted, generated, stored, or otherwise made available or which you provide to us in connection with the Agreement and any use of the website, aligners, Products or Services (collectively “User Content”). By making your User Content available to us, you hereby grant us an irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, license to host and use your User Content. You agree to archive your User Content frequently as you are solely responsible for any lost or unrecoverable User Content. You must provide us all required and appropriate warnings, restrictions, information, and disclosures regarding your User Content. We will not be responsible for any of the User Content that you submit to us in connection with the Agreement and any use of the website, aligners, Products or Services.
14.1. You agree to keep confidential the Agreement and any Documentation, technical, commercial, financial, intellectual property rights, personal information, or know-how concerning our or our Protected Entities business or the aligners, Products, or Services, your plan, login credentials, account details or any other information (including any pricing offers) disclosed to you by us or by any of our Protected Entities, whether orally or in writing, in electronic, tangible, intangible or in any other form, whether marked as "proprietary" or "confidential", or identified as such or any other information derived from the confidential information, or disclosed or obtained either under circumstances that reasonably indicates that such information is, confidential or proprietary or by its very nature constitutes confidential information ("Confidential Information").
14.2. You agree that you will not disclose Confidential Information to any third party or use it for any purpose other than as permitted under the Agreement, on need to know basis, subject to each recipient being bound by confidentiality terms no less stringent that the terms of the Agreement.
We will be entitled to terminate with written notice this Agreement or any part thereof immediately:
15.1. upon your breach of any provision of this Agreement including our intellectual property, confidentiality or your failure / delay in paying any amount that is owed to us under this Agreement, or upon your wrongful use of our aligners, Products or Services;
15.2. upon you engaging in acts or conduct which impairs our goodwill or reputation;
15.3. upon you becoming insolvent, bankrupt, or generally failing to pay your debts, admitting in writing your inability to pay your debts, having a receiver or trustee appointed for you or your property, making an assignment for the benefit of your creditors, or any such proceedings having commenced against you under applicable law related to bankruptcy, insolvency or reorganization or release of debts, or you instituting any proceedings for dissolution or liquidation; or
15.4. at any time for convenience.
Upon termination of the Agreement for any reasons whatsoever:
16.1. all rights, entitlements, obligations, and licenses accrued under this Agreement shall cease to exist except for the payment of invoices and all amounts due and payable by you, shall be paid within thirty (30) days from the date of termination.
16.2. You will be responsible to return all our Confidential Information and certify in writing the return or deletion thereof.
17.1. Governing Law and Jurisdiction
Both parties agree that the Agreement, and any dispute or claim arising out of or in connection with any use of the website, aligners, Products, Services (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of India and the courts at New Delhi shall have exclusive jurisdiction over such dispute or claim.
17.2. Force Majeure
We will not be liable for any failure or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including without limitation, the following force majeure events (“Force Majeure Event(s)“): (a) acts of God; (b) a natural disaster, flood, fire, earthquake, epidemics, pandemics, quarantines or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, actions or inactions, or similar order; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) custom delays; (j) inability to procure supplies and (k) other events beyond our reasonable control. Our obligations will be suspended for the period that the Force Majeure Event continues, and the time to perform these obligations will be extended accordingly however we will make reasonable efforts to perform the relevant obligations. Any failure to pay sums due to us will not be excused by reason of any Force Majeure Event.
17.3. Assignment and No Third-Party Beneficiary
We may at any time assign or transfer in any other manner all or part of our rights or obligations under the Agreement without your prior consent. A person who is not a party to the Agreement will have no rights or benefits under the Agreement.
The failure or delay by either party to enforce its rights under this Agreement shall not be construed as a waiver of such rights.
If any provision of the Agreement or part thereof is invalid, illegal, or unenforceable, it shall be severed from this Agreement and replaced, by a similar provision compliance under applicable law, covering the parties commercial intent; and the remaining terms and conditions will continue to remain in full effect.
Clauses relating to Warranties and Disclaimers, Confidentiality, Consequences of Termination, Intellectual Property Rights and License Restrictions, Limitation of Liability, Indemnity, Governing Law and Jurisdiction and these Miscellaneous sections shall survive the expiry or termination of this Agreement.
17.7. Medical Disclaimer
All information contained on the Whistle website, mobile application, brochures, or any information contained on or in any product packaging or labels including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit to a dentist, call, consultation or advice of an orthodontist, dentist or medical professional. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website by itself or in conjunction with the purchase of any aligners, Products or Services does not create a doctor/patient relationship.
It’s important to note that the specific terms and conditions of the Agreement and its website Whistle may vary and change over time, so it’s always best to consult the most up-to-date information provided by the company directly. You should check the Agreement periodically for changes. Your continued use of our website, the aligners, Products and/or the Services, following any such modification constitutes your acceptance to follow and be bound by the terms and conditions of the revised terms of the Agreement.
17.9. Contact Information Grievance Officer
Or at Clove Dental clinic near you