Welcome to the iTero™ Store website (the "Website"), sponsored by Invisalign Australia Pty Limited ("Align").
The terms "you," "your," and "yours" refer to you, the visitor to or user of the Website. The terms "Align," "we," "us," and "our" refer to Align.
Please note that this website may be hosted and/or serviced by a third party.
1. MEDICAL DISCLAIMER
All information contained on this website, 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, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. 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 does not create a doctor-patient relationship.
2. USE OF THE WEBSITE’S CONTENT
By visiting and using the website, you represent to us that you are at least 18 years old.
Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Align or any third party.
3. USER CONDUCT
You agree to not use the website to:
- post or transmit any material that is unrelated to the subject matter of the Website;
- violate or solicit the violation of any applicable local, state, national or international law or regulation;
- violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
- interfere with or disrupt the Website, computer servers or boards accessible through the Website;
- intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, email addresses or other personal information for any purpose;
- impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
- promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
- engage in or facilitate the transmission of unsolicited mass mailing or spamming, or
- order products for resale.
If you do use the Website to commit any of the above, Align may, at its sole discretion, terminate your ability to use the Website.
You will need to establish an account with us to purchase items at iTero Store. During the account registration process you will be asked to select a unique password. You are responsible for maintaining the confidentiality of the password and account and for taking all reasonable steps to ensure that you maintain control of all activities that occur under the password. By logging into the Website, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; and (iii) you are not a competitor of Align. You will notify us within a reasonable period of no more than 7 days of any unauthorized use of the password or account or any other breach of security in relation to the use of Website using your account. You agree to exit from your account at the end of each session.
If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; (iii) you will not select or utilize a user name that Align in its sole discretion acting reasonably deems offensive; and (iv) you are not a competitor of Align, or an agent thereof. Align cannot, and will not, be liable for any loss or damage solely arising from your failure to comply with these obligations.
5. ORDERING PRODUCTS AND SERVICES
By submitting an order, you represent that you are at least 18 years old, and have the legal authority to contract for products and services.
All prices listed on the Website are subject to change. Align attempts to be as accurate as possible. If any item is listed with incorrect information due to typographical error or error in pricing or product information, we will contact you to provide you with the correct information so that you can confirm whether you would like to proceed with the order.
For each product or service you order on the Website, you agree to pay the price applicable for the product or service (including any applicable delivery and shipping fees) as of the time you submitted the order. Upon shipment, Align will automatically bill your credit card submitted as part of the order process for such price. Align only accepts credit card payments for orders through the Website.
Products provided free-of-charge, such as marketing material, will not incur shipping fees.
6. ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order if reasonably required by us. We may following receipt of your order not be in a position to supply the full quantity you ordered of any item. If this occurs, we will contact you prior to charging your credit card, at which time you may cancel or modify your order without penalty. We may require additional reasonable verification or information before accepting any order. Your order is not accepted until it is shipped.
Risk of loss will pass to you upon successful delivery of the product. Align will not be responsible or liable for failure to deliver or delays in delivery or performance due to causes beyond its reasonable control.
8. ORDER CANCELLATION AND RETURN POLICY
At Align’s reasonable discretion and upon your verbal or written request, Align may authorise cancellation of an orders from the Website BEFORE the order has shipped. For cancellation requests, please call iTero Support ANZ firstname.lastname@example.org or telephone 1800 468 472.
To the extent permitted by law and without excluding, limiting or modifying your rights under the Australian Consumer Law, orders are non-refundable. Products returned for "change of mind" are eligible for Website credit only. Align does not take title to returned items until the item arrives at our fulfillment centre.
9. FEEDBACK AND CONTENT SUBMISSION
10. MODIFICATION AND TERMINATION OF WEBSITE
Align and its delegate reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice. You agree that to the extent permitted by law and without excluding, limiting or modifying your rights under the Australian Consumer Law, Align shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Align and its delegate may also make improvements and/or changes in the products, services, and/or the programs described in this website at any time without notice.
11. OTHER WEBSITES AND RESOURCES
Third parties using the Website may provide links or access to other websites and resources. Because Align has no control over such sites and resources, you acknowledge and agree that Align is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that to the extent permitted by law and without excluding, limiting or modifying your rights under the Australian Consumer Law, Align shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
Additionally, this website may be hosted through a third party, which would then utilize their resources and technology to facilitate proper use of this website and purchases made through the Website.
We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Notice.
13. LIMITED REMEDYUNDER CONSUMER GUARANTEES REGIME
The products and services supplied by Align via the Website come with guarantees that cannot be excluded under the Australian Consumer Law. Notwithstanding the above and to the extent permitted by law, Align limits its liability for failure to comply with a consumer guarantee with respect to the supply of goods, other than the guarantees in sections 51 to 53 of the Australian Consumer Law, to one of the following at Align's discretion: (i) the replacement of the goods or the supply of equivalent goods or (ii) the repair of the goods. To the extent permitted by law, Align limits its liability for failure to comply with a consumer guarantee with respect to the supply of services to one of the following at Align's discretion: (i) the supply of the services again or (ii) the payment of the costs of having the services supplied again.
14. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND WITHOUT EXCLUDING, LIMITING OR MODIFYING YOUR RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW, ALIGN AND ITS OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE ‘ALIGN PARTIES') WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT TO THE EXTENT THAT LOSS OR DAMAGE IS CAUSED BY EVENTS OR CIRCUMSTANCES BEYOND THE ALIGN PARTY'S REASONABLE CONTROL.
15. COPYRIGHT/INTELLECTUAL PROPERTY INFRINGEMENT
Align respects the intellectual property rights of others, and requires you to do the same. It is the policy of Align to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the Website in a way that constitutes copyright or other intellectual property infringement, please contact Align at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorized by the owner, its agent, or the law; and (5) a statement by you that the above information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.
Attention: Copyright Agent
18. LEGAL DISPUTES
19. MODIFICATION OF AGREEMENT