Terms of Service

Overview

This application is operated by Selfie Care Co. Ltd., (“Selfie”). Throughout the site, the terms “we”, “us” and “our” refer to Selfie. Selfie offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms stated here. The name “Selfie” and any logos, names or other identifying marks are the property of Selfie or our affiliated dentists or vendors.

In addition to reading these Terms of Service, you should also read Selfie’s Privacy Policy, which explains how we may collect and use your personal information. If you use this site, you agree to the terms of our Privacy Policy.

By visiting our site and/ or purchasing something from us or from third parties or our affiliates through the site, you engage in our “service” and agree to be bound by these terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

In these Terms, “Services” includes any services provided by or through:

  • the websites owned and operated by us, including selfiecosmetics.co (the “Website”) and selfie.co.th;

  • any official social media channels created by us on any social media platforms (including but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, TikTok, Telegram and WhatsApp) (the “Channels”);

  • all other applications, services and/or products provided, operated and owned by us, that are presently offered, or to be offered in the future;

  • any information, materials, software, products, services and content provided by us or otherwise available through the Website and/or Channels (including any linked information);

  • artwork, photos, video and audio content on the Website and Channels; and

  • all updates to the aforementioned items.

Changes to Agreement and Additional Rules of Usage

Selfie 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.

Selfie 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. Your continued use of the Site constitutes your agreement to comply with these additional rules. You acknowledge that by continuing to access or use our Services after we have posted changes to these Terms, you are expressly agreeing to such modified terms. If you do not agree to such revised Terms, you must stop accessing or using the Services immediately.

Eligibility to Use and Access the Services

By accessing or using the Services, you represent and warrant that:

  • you are not prohibited by the laws of your country you reside in from accessing or using the Services, in accordance with these Terms; and

  • you are not a minor, i.e., you are at least 18 years of age, or the age that the law in the country you reside in requires for you to legally access or use the Services, whichever is higher. 

  • If registering on behalf of a minor, you must be authorized to act on behalf of such person and you must be a parent or legal guardian of the minor). You also accept these Terms and agree to take responsibility for (i) the minor’s actions; (ii) any charges associated with the minor’s use of any of the Services; and (iii) your acceptance and compliance with these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is 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.

User Account and Content

In order to access and use some of the Services (e.g. where you are a patient: to check your access, view and manage your treatment payment details and other details), you (“User”) may be required to create an account with us (“User Account”). 

You agree to: 

  • provide accurate, current and complete information when creating or updating the User Account; 

  • maintain and promptly update the User Account information; 

  • maintain the security and confidentiality of your login credentials and restrict access to your User Account and your computer; 

  • promptly notify us if you discover or otherwise suspect any security breaches related to the Services; and 

  • take responsibility for all activities that occur under your User Account and accept all risks of unauthorised access.

 

You affirm, represent and warrant that you own or have the necessary licences, rights, consents and permissions to publish all information, data, text, sound, photographs, graphics, video, messages, posts, tags, software or other material you make available in connection with the Services (the “User Content”) that you submit, whether posted publicly posted, privately transmitted or submitted through a third party.

You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content you post or in connection with the Services. Our right to use your User Content survives the deletion or suspension of your User Account.

You are wholly responsible for all User Content that you post, upload, email, transmit or otherwise make available via the Services. We have no obligation to monitor the User Content posted to the Services, although we may. We may at any time and for any reason screen, monitor, review, refuse or remove any User Content that violates these Terms or is otherwise offensive or objectionable. You understand that you may be exposed to User Content that is offensive, indecent or objectionable by using the Services and we are in no way liable for any loss or damage resulting from the use of User Content made available through the Services.

We do not endorse any User Content posted or provided by Users, and any User Content provided by you is subject to prevailing laws and regulations including those relating to subject matter that seeks to prevent hate speech, content which is obscene, pornographic or indecent, or generally for the protection of the public.

Your use and access to the Services is conditional on your compliance with our community guidelines, with respect to User Content that you post and/or communicate and when you otherwise use the Services, whereby you agree that your posts and/or communications via the Services shall not involve: (i) porn or sexually explicit or obscene materials; (ii) hate speech, bigotry, or discrimination; (iii) anything which may be considered endangering the welfare of a minor or an individual at risk, or promoting behaviour that could place such individuals at risk; (iv) spam, spamming or anything that comprises bulk or mass marketing communications; and (v) anything false, misleading, fraudulent or deceptive.

Feedback: You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding us and/or the Services (collectively, the “Feedback”) that are provided by you, whether by email, posting to the Website, Channels or otherwise, are non-confidential and will become the property of us. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Suspension or Termination of Your Use

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 Selfie’s other remedies. Selfie further reserves the right to terminate, without notice, any user’s access to or use of the Site for any reason.

Modifications to the service and prices

Prices for products and services (including those sold by third parties through the website) are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof).

Payments

Upon registering for a User Account, you will be permitted to use the Services that are designated as free, from time-to-time. Further access to other Services may be subject to your payment of a fee and other terms provided by us, as specified, when making such payments or subscriptions. The prices and features depend on the product you choose. You agree to pay all such fees or charges incurred in connection with your User Account from time to time. We reserve the right to increase the fees or introduce any new fees at any time, with reasonable notice by an amendment to these Terms.

The relevant fees billed are non-refundable and are exclusive of all applicable taxes, levies or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties (“Taxes”).

Unless otherwise specified:

  • all fees or charges shall be payable in advance on a monthly or annual basis;

  • you shall be liable for the applicable Taxes;

  • any changes to subscription or membership plans will take effect at the next billing cycle; and

  • your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the prevailing subscription rate, via the payment method you had initially selected.

  • If you provide us with your payment information, you consent and authorise us (and the relevant third-party service providers, payment card networks and payment processers) to receive, store and encrypt your payment information.

Electronic Communications

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, Text, Line, WhatsApp or by posting messages on the site through a portal or other electronic means. You agree that electronic communications, including consents and authorizations that you may give, shall satisfy any legal requirements that such communications be in writing.

Third Party Links

There may be hyperlinks to sites or products operated by third parties on the Website. Access to any third-party site is at your own risk and you acknowledge that you are contracting directly with such third party and not us. Such links are provided for convenience and the inclusion of such links does not imply an endorsement or guarantee of the products or services of the third parties. You are not obligated to interact or use any third party products or services that appear on the Website.

We are not responsible for the reliability of such third-party products or services nor for any third-party information or other materials. We shall not be liable for any loss or damage incurred by you resulting from your dealings with third parties, through the Website or otherwise.

You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you.

You are granted a limited, non-exclusive right to create a hyperlink to the Channels and/or Website, provided that such hyperlink does not portray us or any part of the Channels and/or Website in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time, at our sole discretion.

Use of the Service by You

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, adapt, copy, modify, transfer, display, decompile, disassemble, publish, sell, license, reverse engineer, create derivative works, publicly perform, or distribute by any means, method or process any Site Information and/or the Services. You shall not, directly, or indirectly (by assisting or encouraging any other party), to engage in denial of service attack or similar conduct against the Services, engage in scraping, spidering, crawling or using other technology or software to access or collect data without our written consent, nor use the Services for any illegal, offensive, immoral or unethical purpose.

Your right to use the Site and the Services is personal to you — you may not authorize 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.

Medical Disclaimer

All information, data and materials provided through or in the Services, including information relating to dental, medical and health conditions, products and treatments, are provided for informational purposes only, and do not constitute medical advice, recommendations or warranties of any kind. The information provided should not be considered complete as it is not exhaustive and does not cover all ailments, physical conditions or treatment. The information provided is not a substitute for the advice of an appropriate medical professional, or any information contained on or in any product packaging or labels.

 

We assume no liability for any advice, consultation, or services furnished by such dental, medical and health professionals, in reliance of your use of the Services.

Your reliance on any information provided by us or otherwise appearing through your use of the Services provided is done so solely at your own risk. Should you have any dental, medical or health-related queries, please see your dentist, doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by us through the Services, and you should not use the Services for diagnosing or treating a dental, medical or health problem, or prescribing medication. The use of the Services or communication between you and us, does not constitute or create a dentist-patient, doctor-patient relationship or other fiduciary relationship between you and us.

Ownership of Intellectual Property Rights

As a user of the Services, you are granted a limited, non-exclusive, non-transferable, non-sub-licensable, revocable, worldwide licence to use, install, access, operate, run and execute the Services through the User Account for your personal use only, and not for commercial use, resale or for and on behalf of any other person or organisation, subject to these Terms.

You acknowledge and agree that the Services and all associated intellectual property rights are owned by us (or its licensor, where applicable) and are protected by applicable copyright laws.

Except as expressly stated in these Terms, you are granted no other right or license, express or implied, to the Services, including without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the Services. No proprietary rights are intended to be transferred or conferred by these Terms.

We reserve all rights, including intellectual property rights, to and in the Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights, developed or in existence and in all forms of media throughout the world for our use and disposition at its sole discretion without any obligation to you. You are not authorised to use the names ‘Selfie’, ‘Selfie Aligners’, ‘Selfie SmartR Aligners’, or any other trademarks owned or controlled by us in any manner whatsoever, regardless of whether they are registered, without the prior written approval from us.

Freight Term, Title Transfer

Unless otherwise agreed products shall be shipped “FOB Origin” (Selfie’s warehouse), regardless of prepaid freight by Selfie 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.

Marketing

Qualified Invite

A Qualified Invite is defined as the purchase of clear aligners made at Selfie by a person (an “Invited Customer”) who arrives to our website by clicking your Invite-a-Friend program link. Upon arriving at the website using the Invite-a-Friend program link, the Invited Customer must either schedule a free scan or order an at-home impression kit, and then purchase clear aligners. A Qualified Invite is counted when the Invited Customer’s clear aligners ship. You are limited to one Qualified Invite for each Invited Customer in other words, additional/repeat purchases made by an Invited Customer are not counted as additional Qualified Invites.

Invited Customer

The Invited 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 clear aligners. The referral is counted and paid out once the clear aligners ship to the Referred Customer.

Reward Payments

Rewards are payable in increments of THB1,000, paid via e-gift card within 2-3 weeks from when the Invited Customer’s aligners ship. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.

Eligibility

Eligibility is limited to individuals only. The Selfie invite program cannot be used by businesses for affiliate lead generation as determined at Selfie’s sole discretion.

No Spam

If you choose to distribute your referral link via self-generated email, 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 invite 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 Selfie’s Invite-a-Friend program.

Right to Close Accounts

Selfie reserves the right to close the account(s) of any Referrer and/or Invited Customer and to request proper payment if the Referrer and/or Invited Customer attempts to use the Selfie Invite-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

Selfie reserves the right to cancel the Invite-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.

SMS Short Code Terms & Conditions

If you provide your mobile phone number, we may use this information to send you marketing and transactional SMS updates about your requests, orders and other feedback. We may also share this information with a third party to aid in sending text messages via SMS or SMS short codes. Number and size of messages will vary per user based on evaluation/treatment length and stages. Reply ‘STOP’ to any SMS message to unsubscribe from SMS updates. Selfie does not charge any users fees to send or receive text messages. However, message and data rates may apply from your mobile carrier. Selfie will not be liable for any delays in the receipt of any SMS messages connected with our SMS Gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. Selfie respects your privacy. We will only use the information you provide to transmit text messages to you. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier / service provider are not secure messages through encryption or similar technology, and therefore you should take care to include only the content you wish to share in the texts to our Customer Care agents. 

Trademark Notice

Selfie and the Site names, logos, and other identifying marks are the property of Selfie. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Selfie, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 

In no event will the aggregate liability of the us, officers, agents, representatives, employees, partners and licensors whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or otherwise arising out of or relating to the use of or inability to use the Services exceed any compensation you pay, if any, to us for access to or use of the Services.

 

Product Warranty: We warrant that our products are free from defects in material and workmanship when used properly in the applications for which they are intended. This warranty expires on our treatment expiration date. Except as provided in this paragraph, we make no warranty of any kind, whether express, implied, statutory or otherwise with respect to our treatment options and/or other products or services or the outcome of treatment with such treatment options and/or products. We specifically disclaim all implied warranties of design, merchantability, fitness for a particular purpose and non-infringement and any other implied warranties. The warranties set out in this paragraph are void and do not apply if our products have not been used in accordance with the prescribed dental treatment plan and guidelines for use provided to you, or have been misused, modified, or used in combination with other (unauthorised) third party products. No warranty is made regarding the outcome of any treatment using our clear aligners, or any combination of our products or services with third party products.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our officers, agents, representatives, employees, partners and licensors, harmless from all claims from third parties, suits, actions, proceedings (formal and informal), investigations, judgments, deficiencies, damages, settlements, liabilities, and legal and other expenses suffered by or incurred by us and our affiliates and officers, agents, representatives, employees, partners and licensors arising from or related to any of the following:

  • breach or violation by you of these Terms or any applicable law;

  • your gross negligence or wilful misconduct;

  • any liability arising from any information or data provided by you to us or the User Content thereof (including claims of infringement, ownership, libel, defamation, obscenity); and

  • use of the Services and Access Code by you or others to whom you provided access.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you in which case you agree to cooperate with us in asserting any available defense.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Interpretation

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Waiver

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this these Terms. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

Entire Agreement & Precedence

The terms of the Privacy & Data Protection Policy are incorporated herein by reference, to these Terms in its entirety.

In the event of any conflict or inconsistency, the following shall establish the order of precedence and priority (with governing precedence listed first and interpreted to afford most favourable protection to us): these Terms, and the Privacy & Data Protection Policy.

These Terms constitute the entire agreement between you and us pertaining to its subject matter and supersedes all other agreements, communications, understandings, negotiations, and discussions, whether oral or written, or course of dealings between us. If, through accessing or using the Service, you utilise or obtain any product or service from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Term shall not affect your legal relationship with such third party.

Governing Law & Jurisdiction

These Terms shall be governed by, construed under and enforced in accordance with the laws of Singapore, without regard to any conflict of law provisions. The parties shall use best efforts to settle any dispute, claim, disagreement, question or issue directly through good-faith negotiations, which shall be a precondition to either party commencing any legal action. Any action in connection with, relating to or arising from this agreement shall be finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force (“SIAC Rules”). The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the SIAC Rules. All arbitration proceedings shall be in the English language. The seat of arbitration shall be Singapore. The decision of the arbitrator shall be final and binding.

If the decision of the arbitrator can be appealed to the courts under Singapore laws, you agree to be subject to the personal jurisdiction in, and the exclusive venue of, the courts in Singapore, to the extent relevant, and hereby waive any objection to such jurisdiction and venue for the purpose of any such appeal.

Contact Information

Questions about the Terms of Service should be sent to us at info@selfie.co.th.

Last Revised: February 2021