Please review the following terms of use ("Agreement"), which govern your use of wondersmile.com (the "Site") and the shopping and other services (the "Services") offered on the Site. Your use of the Site and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit the Site.

In addition to reviewing this Agreement, you should also read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of the Site constitutes your agreement to the terms and conditions of the Privacy Policy.

Wondersmile reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.

Wondersmile also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.

Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to Wondersmile’s other remedies. Wondersmile further reserves the right to terminate, without notice, any user's access to or use of the Site for any reason.

The Site is expressly owned and operated by Wondersmile. Unless otherwise noted, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Site Information"), are owned by Wondersmile or its affiliates or are licensed from third party service providers by Wondersmile. The Site, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.

Site Information is provided "as is" with all faults. You use the Site Information, as authorised herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.

You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you -- you may not authorise others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

The Site is for the personal use of individuals only and may not be used in connection with any commercial endeavours. Organisations, companies and/or businesses may not use the Services, the Site Information or the Site for any purpose without written consent of or agreement with Wondersmile. You agree not to make use of Site Information by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by this Agreement or Wondersmile. Illegal and/or unauthorised uses of the Site, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of or linking to the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians. Wondersmile does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not use the Site. If a child under 13 submits information through any part of the Site, and Wondersmile becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.

Unless otherwise agreed products shall be shipped "F.O.B Origin" (Wondersmile’s warehouse), regardless of prepaid freight by Wondersmile or express freight paid by the customer. Title to and risk of loss to products shall pass to Buyer upon shipment. Neither the time method nor place of payment, method of shipment, form of shipping document, nor place of acceptance of Buyer's order shall alter the foregoing.

You acknowledge that you are using the site and the services at your own risk. The site, the site information and the services are provided "as is," and to the full extent permitted by applicable law, Wondersmile, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Wondersmile, its affiliates, and its third party service providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of wondersmile.com.

Wondersmile its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state.

You hereby agree to release Wondersmile, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this site and its services.

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

As a Refer-a-Friend member (a “Referrer”), you are subject to Wondersmile’s Terms of Use and Wondersmile’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Wondersmile’s Refer-a-Friend program:

• • Qualified Referral. A Qualified Referral is defined as a purchase made at wondersmile.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals. A Qualified Referral can be referred via two ways. 1. Via the Refer-a-friend webpage on the Wondersmile website or 2. Via word of mouth before or at the Referred Customer's 3D scan appointment. The Referred Customer must mention the word-of-mouth referral to our customer service team or the in-clinic staff member before or at the 3D Scan to be eligible to become a Qualified Referral.
• • Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
• • Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order of Wondersmile aligners and the aligners must be shipped before receiving your reward.
• • Reward Payments. Rewards are payable in increments of $200 Third Party Gift Cards. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
• • Eligibility. Eligibility is limited to individuals only. Wondersmile’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Wondersmile’s sole discretion. (Corporations are not people, my friend!)
• • No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Wondersmile’s Refer-a-Friend program.
• • Right to Close Accounts. Wondersmile reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Wondersmile Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
• • Right to Cancel Program or Change Terms. Wondersmile reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

(#YESWONDERSMILE)

Thank you for allowing Wondersmile to use your social content! We love being able to share your smiles with others in our networks. We’d like to let you know that Wondersmile does not claim any ownership rights to your photos, however, by replying #yeswondersmile you hereby grant to us a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce your content on our Marketing and Advertising platforms relating to the Wondersmile brand.

Marketing and Advertising platforms include, but are not limited to:

• • Social media channels including Facebook, Instagram, LinkedIn, Twitter, etc.
• • Email communications
• • Websites
• • Blog posts
• • Banners
• • Print material
• • Sales material
• • Communication material
• • Miscellaneous material

When we post your content, we will credit your social media profile username and/or handle, and where applicable we will link through to your website and/or social media profile.

By replying #yeswondersmile, you are consenting to these terms and conditions, and confirming that you are over the age of 18. You are also acknowledging that you are granting a licence to Wondersmile over your intellectual property rights in your photos and/or content and Wondersmile is permitted to use all content without infringing upon those rights (including third party property rights) or any third party.