1. Our website
1.1 Security procedures
You must not knowingly misuse our website or transmit any virus or harmful material to this website. You must not attempt to gain unauthorised access to our website or to our database.
In the event of such a breach, your right to use our website will cease immediately and we may report this breach to the relevant law enforcement authorities.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
Our website may contain links to third party websites. Franksmile is not responsible for the content or privacy policies of those websites, and including these links on our website should not be considered as endorsement or recommendation to these third party websites. As a result of this, please note that these websites may be governed by separate terms and conditions which should be referred to by visiting those web pages.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our website other than that set out above, please address your request to email@example.com.
2. Data Protection and Liability
Nothing in these Terms or in the pages of the website shall limit our liability for death or personal injury arising from our negligence, or for fraud, or for misrepresentation as to a fundamental matter, which cannot be excluded or limited under applicable law.
Additionally, by using our website, you abide by the fact that Internet transmissions are never completely secure.
2.4 Call Recording
Please note that calls from the Franksmile Sales Team may be monitored or recorded for quality purposes.
3.1 Intellectual Property
All intellectual property rights in our website, and in the material published on it, is owned by or licensed to us. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2 Acknowledgment of our Intellectual Property
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
3.3 Use of our Intellectual Property
No part of the materials on our website should be used for commercial purposes without obtaining a license to do so from us or our licensors.
3.4 Making copies of our Intellectual Property
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference and you may draw the attention of others within your organisation to material posted on our website, however, you must not republish, redistribute or amend the copies of any materials you have printed off.
3.5 Intellectual Property restrictions
4. Restrictions and Governing Law
To register with us or use the services and products that we provide on our website you must be over 18 years of age only, and information contained on our website does not amount to an invitation to clients who are under 18 to buy any services or products.
4.2 Governing Law
The terms on this website are governed by the Laws England and Wales whose courts have exclusive jurisdiction is respect of any dispute which may arise.
5. General notes on this Website and Terms and Conditions which govern it:
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend access to all or any part of our website, or close it indefinitely for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Whilst we have taken reasonable steps to ensure the accuracy and correctness, the material on our website could include technical inaccuracies or typographical errors. Our website and the information contained on it are delivered on an "as-is" and "as-available" basis.
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
6. Our Products
6.1 Product details
Please refer to our website for details on our product offering: https://www.franksmile.co.uk/how-it-works
Franksmile does not guarantee a successful treatment outcome. Individual results will vary.
Franksmile warrants that its products:
shall conform to the specifications represented in the treatment setup approved by the dental team; and
are free from defects in material and workmanship.
Subject to Clause 2.1, Franksmile shall not be liable:
for any defects that are caused by neglect, misuse, or mistreatment of its products by the patient or any third party not instructed by Franksmile;
for any defects that are caused by failure to follow directions including (but not limited to) wearing aligners out of sequence, not wearing aligners for the entire duration of the specified wear schedule, not providing bi-weekly photo updates, or wearing aligners for less than 22 hours per day;
for any products being used in combination with other third party products or by failure to adhere to the Patient Guidelines unless explicitly instructed to do so by Franksmile; or
if you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, as we only supply the products only for domestic and private use.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
6.3 Right to change your mind
Aligners are made to your individual specifications and are therefore a customised product and are exempt from any right to change your mind after you have placed your order with us. Please refer to our returns policy for further details: https://www.franksmile.co.uk/return-policy
During the order process we will let you know when we will provide our products to you. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.5 Duration of treatment
We would typically expect your use of your aligner to last between 6 and 9 months. However, individual result vary and our orthodontists may advise a longer or shorter treatment process.
As your aligner is made to measurements you have given us from your Impression Kit you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure provided with your Impression Kit or by contacting us.
6.7 Non-UK customers
Our website is solely for the promotion of our products in the UK. Unfortunately, we do not accept orders from addresses outside the UK.
7. Payments and billing paid services
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Please refer to our website for pricing details: https://www.franksmile.co.uk/pricing
We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement.
By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices indicated on the order pages when you placed your order for any use of such Paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method").
You agree to make payments using that selected Payment Method. We use reasonable care to ensure that the prices advised to you are correct. However, we reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
7.3 Payment Method
We accept the following forms of payment:
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
RECURRING BILLING Some of the Paid Services, such as the purchase of custom-made aligners or other products, may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing an installment payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. All recurring payments are fully earned upon payment.
YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, WE MAY INADVERTANTLY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. CHANGE IN AMOUNT AUTHORIZED.
If the amount to be charged to your Billing Account varies from the amount you pre-authorised (other than due to the imposition or change in the amount of duty and taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
7.4 Auto-renewal for Subscription Services
You have signed up for successive renewal periods of the same duration as the installment payment term originally selected, at the then-current non-promotional rate. All fees related to installment payment are fully earned upon payment.
7.5 Reaffirmation of Authorization
Your continued use of installment payment reaffirms that we are authorised to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
7.6 Free Trials and Other Promotions
Any free trial or other promotion that provides access to an installment payment promotion must be used within the specified time of the trial.
We may terminate your access to all or any part of the Services at any time if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information requested in the “Dental Anamnesis” form sent to you together with the Impression Kit;
we do not receive a response from you within 90 days of us sending your Impression Kit, as we will assume that you have decided to not move to the next step of the Franksmile journey but we will send you a reminder before terminating just in case you have forgotten about us;
we are unable to provide you treatment due to medical concerns, as advised by a Franksmile approved orthodontist;
you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
you do not, within a reasonable time, allow us access to your premises to supply the services.
If you wish to terminate your installment payment plan, you may do so by contacting customer service. Any fees paid hereunder are non-refundable as our aligners are made to your individual specifications and are therefore a customised product.
8. Refunds and Returns
Due to our aligners being made to your individual specifications, and therefore being a customised product, except where we have to terminate your access to the Services due to circumstances described in Clause 8.7(iv), we are unable to provide refunds for our termination of the Services as described above. Please refer to our returns policy for further details: https://www.franksmile.co.uk/return-policy.
Please refer to our website for details on our returns policy: https://www.franksmile.co.uk/return-policy
9. Franksmile Referral Program
The Franksmile Referral Program (“The Program”) allows Members to earn cash rewards (“Rewards”) paid directly to the PayPal account associated with the email the Members use when they sign-in. In signing in Members agree to these terms. If a Member participates in the referral program through their personal Franksmile Consultant, the Reward might be in a different form. Members can earn rewards only if a referred friend purchases a Franksmile product through the referral link and using the referral discount code automatically generated by clicking on the referral link.
9.1 Referred Friends
Referred friends who have signed up to the Program using a valid referral link will receive a reward in the form of a discount code. Discount codes that are not automatically applied must be entered during checkout. Discount codes may not be transferred to another person or exchanged for cash. Each discount code may only be used on franksmile website in conjunction with the purchase of a single Franksmile product. Discount codes may be applied only if the total basket value of the order meets the minimum total value set by Franksmile for the specific referral program.
9.2 Sharing Referral Links
Referrals should only be used for personal and non-commercial purposes. Referral links should not be published or distributed on commercial websites (such as coupon websites, Reddit, or Wikipedia) or on blogs. Members are prohibited from “spamming” anyone with referral invitations. This includes mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute your referral link. Members are prohibited from paying to advertise their referral links.
9.3 Termination and expiry
Discount codes expire after a period of time indicated at the moment of the discount code generation. Franksmile reserves the right to any remedy, including cancellation of your account or reservations, if fraud, tampering, violations of these terms or Franksmile’s Terms of Service or Payments Terms of Service, or technical errors are suspected.
Franksmile may suspend or terminate the Program or a user’s ability to participate in it at any time for any reason.
We reserve the right to suspend accounts or remove rewards if we notice any activity that we believe is abusive, fraudulent, or in violation of the Franksmile Terms of Service. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and appropriate.
9.4 Updates to the Terms
The scope, variety, and type of services and products that you may obtain throught the Program can change at any time. We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the FRanksmsile.co.uk website, applications, or services, which are effective upon posting.
10.1 Our rights to transfer these terms
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
10.2 Your rights to transfer these terms
Subject to Clause 10.1, no other person shall have any rights to enforce any of these terms. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
10.3 Terms that continue after termination
Clauses 3, 4.2, 6.1 and 6.2 shall survive termination of these terms and conditions.
11. Contact Us
Franksmile’s support team is available at +44 (0) 20 3966 8614 or via email on firstname.lastname@example.org during business hours, should you have any questions, complaints or need any further information.
Business Hours: Monday – Friday: 9am – 7pm.