Terms & Conditions

Health E-Mouth and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Health E-Mouth (www.healthemouth.nz), you accept these conditions. Please read them carefully. In addition, when you use any current or future Health E-Mouth service or visit or purchase from any business affiliated with Health E-Mouth, whether or not it is included in the Health E-Mouth website, you also will be subject to the guidelines and conditions applicable to such service or business.

 

Online Security

Health E-Mouth is proud to be associated with DPS, New Zealand's largest and most preferred payment gateway provider.

Health E-Mouth do not collect or store any credit card information. This information is all processed by DPS. When making a purchase you will be directed to a secure webpage hosted by DPS to enter your payment details. The DPS hosted payments page is secured using SSL.

SSL (Secure Sockets Layer) is a method of ensuring that information submitted through your website is secure and cannot be accessed by unauthorised users. When a site offers an SSL-secured form, the information submitted via that form (typically credit card information) is encrypted using a special certificate key and then decrypted with another key after it has been transmitted. When users access a site secured with SSL using their browser, a symbol displays in their browser windows indicating that the site is secure.

For more information please read the DPS privacy policy (https://www.paymentexpress.com/privacy-policy).

 

Pricing

Pricing is shown in New Zealand Dollars. New Zealand pricing includes GST (Goods and Services Tax) at 15% which is included within the price shown.

 

Payment

Credit Card

We accept Visa and Mastercard. Credit Card Payments are processed through DPS Payment Express (https://www.paymentexpress.com/). Please note, your card information is not disclosed to any other party. Goods will only be dispatched once full payment has been received.

 

Delivery / Freight Costs

Freight is calculated automatically and applied to your order before payment is required. Please visit our Delivery information page for more information.

 

Electronic Communications

When you visit Health E-Mouth or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Health E-Mouth or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Health E-Mouth and protected by international copyright laws. All software used on this site is the property of Health E-Mouth or its software suppliers and protected by international copyright laws.

 

Licence and Site Access

Health E-Mouth grants you a limited licence to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except  with express written consent of Health E-Mouth. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Health E-Mouth. You may not frame or utilised framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of Health E-Mouth and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Health E-Mouth's name or trademarks without the express written consent of Health E-Mouth. Any unauthorised use terminates the permission or licence granted by Health E-Mouth. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of Health E-Mouth so long as the link does not portray Health E-Mouth, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Health E-Mouth logo or other proprietary graphic or trademark as part of the link without express written permission.

 

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Health E-Mouth does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Health E-Mouth only with involvement of a parent or guardian. Health E-Mouth and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Health E-Mouth reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Health E-Mouth and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicencable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Health E-Mouth and its affiliates and sublicencees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights tot he content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any from person or entity; and that  you will indemnify Health E-Mouth  or its affiliates for all claims resulting from content you supply. Health E-Mouth has the right but not the obligation to monitor and edit or remove any activity or content. Health E-Mouth takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Copyright Complaints

Health E-Mouth and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

 

Risk of Loss

All items purchased from Health E-Mouth are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Product Descriptions

Health E-Mouth and its affiliates attempt to be as accurate as possible. However, Health E-Mouth does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

 

Other Businesses

Parties other than Health E-Mouth and its subsidiaries sell product lines on this site. In addition, we may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Health E-Mouth does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

Disclaimer

Customers take direct responsibility for choices and use of purchased products and as recommended by their oral health care practitioner and oral hygiene regime. 
It is a customers’ responsibility to adhere to Instructions/directions as displayed on manufacturers packaging.
Any concerns regarding the use of products, customers must seek advice from their oral health practitioner.
We only sell tooth whitening products that are incorporated in toothpastes and mouthwashes.

 

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY HEALTH E-MOUTH ON AN "AS IS" AND "AS AVAILABLE" BASIS. HEALTH E-MOUTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HEALTH E-MOUTH DISCLAIMS ALL WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEALTH E-MOUTH DOES NOT WARRANT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HEALTH E-MOUTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HEALTH E-MOUTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Applicable Law

By visiting Health E-Mouth, you agree that the laws of New Zealand, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Health E-Mouth or its affiliates.

 

Disputes

Any dispute relating in any way to your visit to Health E-Mouth or to products you purchase through Health E-Mouth shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate Health E-Mouth's intellectual property rights, Health E-Mouth may seek injunctive or other appropriate relief in any court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Site Policies, Modification and Severability

Please review our other policies, posted on this site. These policies also govern your visit to Health E-Mouth. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.