Terms & Conditions
Terms And Conditions
Welcome to www.routetosmile.com (hereinafter referred to as the "Website"), a website owned by Route to Smile Healthcare Private Limited, a company incorporated as per the Companies Act, 2013 having CIN U33208MH2021PTC373363and having its registered address at 301 D Wing Minarette Condominium CHS Ltd., Dadabhai Cross Road No. 2, Near Bhavans College, Andheri (W), Mumbai 400058 (hereinafter referred to as "We" or "Our" or "Us").
By accessing the Website from any computer, computer device, mobile, smartphone or any electronic device, you (hereinafter referred to as "You" or "Your") expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the "Terms").
ACCEPTANCE OF TERMS, ETC.
1.2 You consent to have these Terms and all notices provided to You in electronic form.
1.4 The Website is for Your personal and non-commercial use only.
2.1 The minimum age to use the Website is 18 (eighteen) years. By using the Website and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where You access the Website
2.2 By using the Website, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3.1 The Website is for information purposes only.
3.2 The Website may offer You with a facility whereby You can enter a postal/zip code in our Book My Smile Form which will help us in finding the dentist near such postal/zip code. In case there is no dentist near such postal/zip code, You can fill up a form on the Website with your preferred postal/zip code and other details and one of Our representatives will contact You subsequently regarding Your request.
3.4 The website is not designed for emergency booking and questions. Emergency booking for consultation and questions and disaster situations should be directed immediately by telephone or in-person to qualified professionals. You acknowledge and agree that the Site is not the appropriate platform to pose such questions.
3.5 By agreeing to these Terms, You grant Us the permission to send electronic communications to You. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to Us firstname.lastname@example.org.
TERMs AND TERMINATION
4.1 These Terms will remain in full force and effect every time You use the Website or any part thereof.
5.1 You confirm and agree that We are the owner of the Website as well as of all the proprietary information available on the Website and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
5.2 You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce or exploit in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Website without first obtaining Our prior written consent.
5.3 All information, text, audio, video, graphics, charts, photographs, icons, and the design and arrangement of all content on the Website are copyrightable/copyrighted and belong to Us, unless otherwise stated. The distinctive and original layout and presentation of the Website constitutes Our copyright. In addition, the Website may also contain references to third-party trademarks and copyrights, which are the property of their respective owners. Any unauthorized use of any intellectual property belonging to Us or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
5.4 The trademarks – Route to Smile and RTS Route to Smile Clear Aligners – are the trademarks belonging to Us and We expressly reserve all rights, including all intellectual property rights, relating thereto. All trademarks owned by parties other than Us are the property of their respective owners and may not be used without their permission and are protected by applicable intellectual property laws.
6.2 Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; or (iii) for protecting or defending Ours, any Website user’s or any third party’s rights or property. You acknowledge and understand the provisions of this Clause 6.2 and grant Us an unconditional, perpetual right and permission to make such disclosure.
6.3 By using the Website, You hereby permit Us to use the information You provide Us, to improve the Website and its functionality as well as for promotional purposes, including the permission to publish Your non-personal information in any of Our partner websites.
6.4 You represent and warrant that all information and content that You provide Us will be accurate. We assume no responsibility or liability for any deletion of or failure to store any of Your content provided to Us.
MODIFICATIONS TO THE WEBSITE
7.1 We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website. Any access or usage by You of the Website shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
DISCLAIMER OF WARRANTY
8.1 To the maximum extent permitted by applicable law, We have provided the Website on "AS IS" and "AS AVAILABLE" and "BEST EFFORTS" basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Website or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or treatment or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
8.2 Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party.
8.3 From time to time, We may offer new features or tools which Our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
8.4 We accept no responsibility for any damage, loss, liability, injury or disappointment incurred or suffered by You as a result of the Website or any content therein or from any product or service availed from the Website.
9.1 The information provided by Us on the Website that relates to dental, medical and health conditions or issues, or the products, services and treatments related thereto, is for purely informational purposes only. Any of such information should not be treated or considered as any professional or medical advice or diagnosis, and should not be used as or considered a replacement for any professional or medical consultation, advice or diagnosis or treatment.
9.2 You should not use the information contained herein for diagnosing a health problem or disease. You should always consult Your own dental and medical advisors.
9.3 Finalization of appointment for consultation and answers of Dentists on or off the Website – in writing or otherwise – are provided by Dentists and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical) advice.
9.4 If you decide to get additional services from Dentists through the Website, you understand and agree that the communications with such Dentists may be conducted off of the www.routetosmile.com website (either by phone, chat, or any third-party tool).
9.5 Communications on the Website are not confidential and shall not be the subject of any associated privileges. By answering questions, the dentistsdoes not form doctor-patient relationships with users of the Website. In the event that your, and the dentist’s, use of the Website unintentionally forms a relationship that entitles you to rights other than those set out in the Terms, you relinquish those rights. Communications on the Website are limited, as described above, do not include in-person evaluations or visits, and do not consist of safeguards and procedures typical of in-person evaluations and visits.
9.6 Before you can interrelate with us or the dentist, you will be required to agree to a Disclaimer reminding you of vital provisions of the Terms – Refer Appendix A below for Disclaimers.
9.7 When you register in and avail the Company Services, we give you the option (under certain circumstances) prior to the treatment or during treatment to choose/opt for in-person consultation at your home or consultation via video and telephone conferencing. On selection of the mode, you understand and acknowledge that you have duly accorded your express as well as implied concurrence in accordance with the consent form for providing information required during these calls along with any impressions, scans, radiographs (x-rays) and photographs, as required on a case to case basis for diagnosis, treatment planning and progress tracking, to us.
10.1 When you register as a user on the Route to Smile Mobile application (hereinafter referred to as “App” or “Mobile App”), you can create a user name and password for access to your online account. You are accountable/responsible for maintaining the confidentiality of your user name, password and account data, you shall not share this information or your account with anybody else, and will be solely responsible for all acts or omissions that arise on your account. You will immediately notify us of any unauthorized use of your username or account. You may only create one account on the App. If your account has been suspended/cancelled/terminated, you may not open another account on the App.
10.2 You agree to keep your contact details (including but not limited to your email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active accounts.
10.3 We do not knowingly gather personal information from children under 18, and if we become aware that a child under the age of 18 has given personal information to us, we will promptly remove it from our systems.
10.4 You may terminate your account at your sole discretion and at any time by written notice via e-mail to email@example.com.
10.5 At any time, without notice, for any or no reason, we reserve the right to refuse service to anyone, to amend and discontinue any portion or all of the Service, and to prohibit, suspend and terminate users’ accounts (including yours).
10.6 We reserve the right to offer special incentive, price, membership and other programs. Such programs can, at our sole discretion, be limited to a specific group of users or non-users. All action bonuses and vouchers or coupons that we provide for use of the services offered on the website shall remain our property (they shall not pass to the ownership of the users and shall not be refundable) and shall be valid for only thirty (30) days – unless otherwise stated on the website or in an e-mail to the user.
LIMITATION OF LIABILITY
11.1 To the extent allowed by law, we exclude all conditions, warranties, representations or other terms which may put on to the website or any content on it, whether express or implied.
11.2 We will not be liable to you for any loss or damage, whether in contract, tort (including carelessness), breach of statutory duty, or otherwise, even if predictable/foreseeable, arising under or in connection with:
(a) use of, or inability to use, the website/ app; or
(b) use of or reliance on any content showed on the website/ app;
11.3 If you are a business user, we will not be liable for:
(a) loss of profits, sales, business, or revenue;
(b) business disruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
11.4 If you are a consumer user, we only provide the website/ App to you for domestic and private use. You approve not to use the website/ app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business disruption, or loss of business opportunity.
11.5 We will not be liable for any loss or damage caused by a virus, spread denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your usage of the website or to your downloading/transferring of any content on it, or on any website linked to it.
11.6 We assume no responsibility for the content of websites linked on the website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.1 To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to (i) the use or inability to use the Website, (ii) any result/outcome from availing any products/services through the Website, (iii) any loss or corruption of data or programs, service interruptions and procurement of substitute services, even if We know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
12.2 You agree to indemnify, defend and hold Us harmless, as well as Our affiliates, subsidiaries and parent/holding companies, and each of their respective officers, directors, employees, agents, consultants, partner websites and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Website, including but not limited to Your use of any material, information or data downloaded or otherwise obtained from the Website or Your violation of these Terms, including without limitation, Your infringement of any intellectual property or other right of Ours or any other person or entity or any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
13.1 Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms as applicable to You.
13.2 Survival: Termination or suspension of Your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
14.1 Proprietary rights of content
14.1.1 You acknowledge that Route to Smile Healthcare Private Limitedand its licensors and suppliers own the rights to the website and the content displayed on it. You shall not amend, reverse engineer, decompile, disassemble, or attempt to derive the source code of the website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Route to Smile Healthcare Private Limited, its users, or its advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not amend, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the website, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the website. The posting of information or materials on the website does not constitute a waiver of any right in such information and materials.
14.2. DISCLAIMER POLICY
14.2.1 The information contained in this website is for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
14.2.3 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
14.2.4 Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those Websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
14.2.5 Every effort is made to keep the website up and running smoothly.However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
14.3. FORCE MAJEURE
14.3.1 We shall not be liable for failure to perform under these T&Cs and the Policies as a result of occurrence of any force majeure events like acts of God, pandemic, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or government, change in laws, rules and regulations, affecting the performance of our firm.
14.3.2 Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
14.3.3 Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
14.3.4 Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
15 You agree that have read and understood the above Terms and Conditions. You agree that by accessing the Website and/or availing the Services you hereby accept the Terms and Conditions and the Policies displayed on the Website and further agree to be bound by these Terms and Conditions and the Policies as may be modified by the us from time to time. You further agree that the Services and the website the access to which is being provided to you by us is subject to change.
16.1 Please contact us by email on firstname.lastname@example.org for any questions or comments regarding these Terms or pertaining to the Website.
Appendix A - Disclaimers
- Clear aligner treatments should not be used by you in case you have a history of allergic reactions to plastics.
- Orthodontic treatments using clear aligners like any other treatment of the human body, has inherent risks and limitations. Like any other treatment, you should consider all potential side effects associated with such treatment.
- Tobacco use places orthodontic patients at greater risk of cancer and periodontal (gum) disease. Tobacco reduces blood flow to the mouth tissues at a time when good blood flow is needed for tooth movement. We cannot be held liable for any of these instances.
- In few cases depending on the treatment option selected by the patient, treatments may not be based on physical check-ups, but through images and x-rays to be provided by the patients. In case you chose the treatment option where the treatment is monitored through images sent by you to us, we shall not be held liable in case there is any variance in the treatment due to the lack of accuracy of the said images/ x-rays.
- Depending upon the complexity of your case, one or more extraction(s) may be recommended.
- Supplemental treatment may be required for severe open bites, overjet or skeletally narrow jaw. This does not form part of your Route to Smile Clear Aligner treatment.
- To correct severe crowding or jaw imbalances, oral surgery could be required. If so, consider risks associated with surgery before starting clear aligner treatment. The oral surgery does not form part of your Route to Smile Clear Aligner treatment.
- A tooth’s surface (enamel) is a crystalline structure and like other crystals it can have undetected defects and fracture lines within it. Enamel may also wear in case you grind your teeth excessively. We will not be liable for any of these instances.
- Occasionally, a limited period of braces may be recommended to achieve an optimal result. This is outside the purview of the treatment provided by us.
Pre-requisites before starting Clear Aligner Treatment
- We advise and recommend you do a general dental examination before starting the clear aligner treatment. Any dental work that will alter the shape or size of your teeth should be undertaken before scheduling the digital scan/ impression to begin your clear aligner treatment.
- Aligners are not effective in moving dental implants and existing dental restorations such as crowns, bridges, may require re-cementation, or, in some cases replacement.
- It is important for you to tell us about any previous injury or stress to any tooth, to understand the health of each tooth. Sometimes seemingly minor bumps can result in nerve damage that maybe unknown to you. Such previous injuries cannot always be detected during the orthodontic process. In case if there is any variation in the treatment due to any previous injury which is not brought to our notice before starting treatment, or any injury that takes place during treatment which may have an impact on the on-going treatment, we will not be held liable for the same.
- General medical conditions or medications can affect orthodontic treatment. You should inform us in case of such medical conditions occurring during treatment. We will not be liable for any issues/ complications due to undisclosed medical conditions.
- There are some medicines which may either increase or decrease the tooth movement leading to a possible difference in treatment duration/ quality. Medication of any kind being consumed by the patient should be disclosed. We will not be liable for any issues/ complications due to undisclosed medical conditions.
- Everybody Has Different Teeth, Which Is Why You Receive A Predicted Smile Simulation Video And A Comprehensive Treatment Plan, In Which Your Individual Best Possible Cosmetic Orthodontic Outcome Is Explained And Depicted. This Informs You On The Clinical Results Attainable In Your Specific Case, Which Depend On Your Bone Structure And How Your Teeth Respond To The Treatment.
- While we provide a predicted smile simulation video, the response of a living system cannot be predicted perfectly. Hence, we give you only an estimated treatment time as your responses to orthodontic forces may vary considerably, varying the overall treatment duration. The response to orthodontic forces will depend on various factors which may be different for each individual and the same cannot be predicted while preparing the treatment plan.
- It Is Our Endeavour To Establish Realistic And Achievable Goals For Treatment. We Know That You Share Our Desire To Produce The Best Result That Is Possible. However, Like Any Other Medical Procedure, We Do Not Guarantee The Success Of The Treatment As The Biological Responses To The Treatment Cannot Be Predicted.
- Brushing and flossing regularly is important, else it will lead to forming of plaque which can cause tooth decay and permanent white decalcification markings.
- Your gum, cheeks or lips may be scratched or irritated by the aligner occasionally.
- You may have tender teeth after switching to the next aligner in the series. The period of tenderness or sensitivity varies with each patient.
- Occasionally, a tooth becomes tightly bound (ankylosed) to its surrounding bone. It may not be possible to move that tooth at all. A change in the treatment may be necessary if a tooth ankyloses. We will not be liable for any of these as such instances cannot be predicted at the time of the treatment and may occur due to inherent risks of any orthodontic treatment.
- It is in our general intention to have treatment move along in a fashion that is consistent with tissue health, minimal discomfort, and long-term stability. However, mild levels of pain and discomfort are normal and may be expected during the treatment.
- The health of the bone and gums supporting the teeth may be adversely affected during/ after the treatment. Further, Orthodontic treatment may shorten the teeth roots. This may reduce the longevity of the teeth. We will not be liable for any of these as such instances cannot be predicted at the time of the treatment, any may occur due to inherent risks of any orthodontic treatment. It is also possible for the nerve of a tooth to die during orthodontic treatment, especially if a tooth was previously injured, bumped or impacted. We cannot be held liable for any of these as such instances cannot be predicted at the time of the treatment, and may occur due to inherent risks of any orthodontic treatment.
- Pain, discomfort, clicking or popping noises may occur in or near the joint of the jaw sometimes, including during orthodontic treatment. Just as with any joint discomfort, the possible causes may vary. We will not be liable for any of these as such instances cannot be predicted at the time of the treatment, any may occur due to inherent risks of any orthodontic treatment.
- Our aligners are designed to have maximum amount of strength and a minimum amount of injury potential. Nevertheless, accidents can occur. It is also possible for you to swallow or inhale parts of the appliance or our instruments. We will not be liable for any of these instances as the same are unpredictable and cannot be controlled by us.
- Orthodontic forces initiate a cellular response in the supporting tissues surrounding the roots of the teeth. This cellular force allows the teeth to move. Sometimes this response becomes confused resulting in damage to the ends of the roots of the teeth. Usually, this effect is mild and does not compromise the teeth, however, sometimes this root resorption can be extensive and may then endanger the teeth if periodontal (bone and gum) support is lost at some future time. Some patients are prone to this happening, some are not. Because it is not possible to predict which teeth might be affected, we may want to take progress x-rays of your teeth during the treatment process at your own cost to evaluate whether root resorption is occurring. This is an inherent risk of Orthodontic treatment, and we will not be liable in such instances. It may also be possible that the Doctor determines it necessary to get an X-ray in between treatment at your own cost.
Factors affecting results
- It is important to note that biological factors, such as tooth thickness, can limit the tooth's responsiveness to treatment and ability to align in 100% accordance with the plan, a factor that cannot be detected or predicted at the treatment planning stage.
- In general, dental change tends to be slow, but as much as we would like to, we cannot tell a patient exactly what might happen if they decide not to proceed with our recommendations. Poor oral hygiene, poor compliance on aligner wear time, lost appliances, unreported missing attachments, missed appointments and other factors may extend the treatment time. It is highly possible that the individual best possible cosmetic orthodontic outcome will not be achieved if our recommendations are not followed. In All Instances Where Access To The Route To Smile Mobile Application Has Been Provided, It Is Imperative For The Patient To Log In The Number Of Hours They Have Worn The Aligners Daily On The Route To Smile App. In Addition To This, It Is Also Imperative To Complete The Pre-Aligner And Post-Aligner Change Form Along With The Milestone Review Form On The Route To Smile App. We Will Not Be Liable For Any Variance In The Treatment If You Do Not Follow Our Recommendations.
- Missing, erupting or unusually shaped teeth may affect treatment outcomes.
- We cannot guarantee that the proposed treatment will be successful to your complete satisfaction. Individual patient differences create the possibility of incomplete or unstable results. Selective re-treatment due to patient poor co-operation may be charged.
- Refinements only apply when the best possible cosmetic orthodontic outcome in your specific case is not achieved and does not include or cover variations to the plan based on tooth shape, reduced biological response or subjective aesthetic perception of your smile, or of what a perfect smile is. What will be considered as the best possible cosmetic orthodontic outcome shall be our sole discretion.
- If your case requires refinements, it may be possible that the Doctor determines it necessary to get an X-ray in between treatment at your own cost.
- Even after Clear Aligner treatment there may be a situation wherein the patient might have to get tooth-coloured filling done to close minor spaces. This is outside the purview of the treatment provided by us.
- Retainers worn after completion of treatment will enhance the stability of the result, but even diligent wear of the retainers may not keep the teeth exactly as they were at the end of the treatment. However, on-going wear of retainers are likely to ensure that such changes are restricted to the minimum.
- If you decide to stop wearing retainers at some point, your teeth may change. Some of the original problems may re-emerge. We will not be liable for any of these instances.
- Maturational changes that occur after active orthodontic treatment may alter the quality of the result.