PRODUCT DISCLAIMER

This disclaimer (Disclaimer) sets out the terms on which The Teethkeeper Ltd (Company Number 14922815) (TTL, we, our or us) supplies the dental products listed on our website: https://theteethkeeper.co.uk/ (Website) along with its respective parts (collectively referred to as the Dental Products) to you (Dental Practice, you or your) and your end clients (End Client(s)).

This Disclaimer and the conditions set out below shall apply to all purchases of the Dental Products made by the Dental Practice and End Client(s) from TTL. By placing an order and/or using the Dental Products, the Dental Practice and the End Clients agree to be bound by these terms, regardless of the quantity or method of order:

1.         The Dental Products are designed for general oral hygiene and/or improving and maintaining dental and/or oral health.

2.         The Dental Practice is solely responsible for ensuring the Products are suitable for the End Client before supplying or recommending the Products.

Before supplying the Dental Product(s) to any End Client, the Dental Practice must:

(a)        Assess whether the Dental Product(s) is appropriate for the End Client, taking into account their individual medical and dental history, age, gender, and any other case-specific factors;

(b)        Provide all usage and safety instructions, including without limitation, any instructions provided by TTL or manufacturer; and

(c)        Provide the necessary warning to the End Client of any known or reasonably foreseeable risks, including but not limited to improper use or unsuitability for certain conditions.

 

3.         The Dental Products are designed to assist with oral hygiene, including cleaning between teeth and dental implants. When used correctly, certain effects are normal and expected in the course of improving dental health.

TTL shall not be liable for any consequences that are considered normal, expected or reasonably foreseeable when using the Dental Products, including but not limited to:

(a)        Bleeding gums;

(b)        Gum recession;

(c)        Formation of dark spaces between teeth;

(d)        Increased food packing between teeth;

(e)        Increased tooth sensitivity to hot, cold, or sweet stimuli.

It is the Dental Practice’s responsibility to ensure the Dental Products are used and recommended appropriately, based on the End Client’s individual dental health, and to inform End Clients of such potential effects prior to use.

This clause shall not limit or exclude liability for death or personal injury caused by TTL’s negligence, or any liability which cannot be lawfully excluded under the Consumer Protection Act 1987.

 

4.         TTL shall not be liable for any rare but known risks associated with use of the Dental Products, where such use is in accordance with the instructions, including without limitation:

(a)        Breakage of a brush during use;

(b)        Dislodgement or loss of dental restorations such as fillings, crowns, or bridges;

(c)        Abrasive wear to the teeth.

It is the Dental Practice’s responsibility to ensure the Dental Products are used and recommended appropriately, based on the End Client’s individual dental health, and to inform End Clients of such potential effects prior to use.

This clause shall not limit or exclude liability for death or personal injury caused by TTL’s negligence, or any liability which cannot be lawfully excluded under the Consumer Protection Act 1987.

 

5.         The Dental Practice must not modify, relabel, repackage, or alter the Dental Products in any way.

6.         TTL may provide information relating to the Dental Products on its website or in marketing materials, including general guidance on usage. Such information is provided for general informational purposes only and does not constitute dental or medical advice. The Dental Practice and/or the End Client shall not rely on such information as a substitute for clinical judgement or professional guidance tailored to an individual End Client’s needs. It is the responsibility of the Dental Practice to exercise professional judgement and ensure that any advice or recommendation given to an End Client complies with their professional obligations.

7.         TTL shall not be liable for any loss, damage, or adverse outcomes arising from reliance on any website content or promotional materials, except to the extent such loss arises from TTL’s negligence or breach of applicable law.

8.         Subject to clause 7:

(a)        TTL shall not be liable for any loss, damage or injury caused by improper use or failure to follow instructions by the Dental Practice or End Client;

(b)        TTL shall not be liable for any indirect, special or consequential loss, including loss of profits or goodwill;

(c)        TTL’s total liability towards the Dental Practice and/or the End Client in respect of any order shall not exceed the price paid for the Dental Products to which the claim relates.

 

9.         The Dental Practice shall indemnify TTL against any third-party claims, liabilities, losses, or expenses arising from:

(a)        The Dental Practice’s failure to assess suitability of the Dental Products for the End Client;

(b)        The Dental Practice’s failure to provide instructions or warnings to the End Client;

(c)        Any unauthorised modification or use of the Dental Products.

 

10.       TTL does not provide any warranty except where the Dental Product is deemed faulty solely due to a manufacturing or material defect(s). All Dental Products are sold subject to the manufacturer’s standard specifications and tolerances, and no warranty is offered beyond what is provided by the manufacturer for defects arising from faulty materials or workmanship.

The Dental Practice is responsible for inspecting the Dental Products upon delivery. Any visible defects or discrepancies must be reported to TTL in writing within seven (7) days of delivery, failing which the Dental Products shall be deemed accepted.

In the event that a Dental Product is found to have a material manufacturing defect, the Dental Practice must notify TTL in writing within seven (7) days of becoming aware of the issue, providing reasonable evidence of the defect. Subject to inspection and verification by TTL, the sole remedy shall be the replacement of the defective Dental Product(s) at no additional cost to the Dental Practice.

This warranty does not apply to:

(a)        Normal wear and tear;

(b)        Defects or damage arising from misuse, mishandling, improper storage, or failure to follow recommended usage instructions;

(c)        Usage-related issues such as the brush bending, fraying, or distorting during or after use or wear and tear of the brush handle;

(d)        Any other subjective concerns where the Dental Product is otherwise found to conform with its description and specifications.

No refunds or replacements shall be offered in cases where the Dental Product is free from manufacturing defects, including where the Dental Product is used in a manner inconsistent with the instructions or professional guidance.

 

11.       You agree that the liability of TTL for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise) arising under or in connection with this Disclaimer:

(a)        is totally excluded, insofar as it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill; and

(b)        is limited, insofar as it concerns other liability, to £100.

 

12.       To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Disclaimer are excluded.

13.       This Disclaimer forms a binding contractual agreement between you and TTL.

14.       Nothing in this document shall exclude or limit TTL’s liability for death or personal injury caused by its negligence, or for defective products under the Consumer Protection Act 1987.

15.       This Disclaimer is governed by the law applying in England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, and the courts of appeal from them in respect of any proceedings arising out of or in connection with this Disclaimer.

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Last updated: 22 April 2025

1 BACKGROUND

1.1 This notice (Privacy Notice) tells you how we look after your personal data when you visit our website at www.theteethkeeper.co.uk (Website), where you are a prospective customer of our business, or where you are another type of business contact, such as a supplier or service provider to our business. 1.2 This notice sets out what information we collect about you, what we use it for and whom we share it with. It also explains your rights under data protection laws and what to do if you have any concerns about your personal data. 1.3 We may sometimes need to update this Privacy Notice to comply with new business practices or legal requirements. You should check this Privacy Notice regularly to see whether any changes have occurred.

2 WHO WE ARE AND OTHER IMPORTANT INFORMATION

2.1 We are THE TEETHKEEPER LTD, registered in England and Wales with company number 14922815 with our registered address at 7-9 The Avenue, Eastbourne, BN21 3YA (we, us or our). 2.2 For all visitors to our Website we are the controller of your information (which means we decide what information we collect and how it is used).

3 CONTACT DETAILS

3.1 If you have any questions about this Privacy Notice or the way that we use information, please get in touch using the following details: Email address: info@theteethkeeper.co.uk- Postal address: 7-9 The Avenue, Eastbourne BN21 3YA-

4 THE INFORMATION WE COLLECT ABOUT YOU

4.1 Personal data means any information which does (or could be used to) identify a living person. We have grouped together the types of personal data that we collect, and where we receive it from, below. 4.2 Type of personal data:
    • Identity Data: your first and last name or title.
    • Contact Data: your email address, telephone numbers, home address.
    • Technical Data: internet protocol (IP) address, browser type and version, time zone setting and generic location, browser plug-in types and versions, operating system and platform on the devices you use to access our systems.
    • Usage Data: information about how you use our systems.
    • Location Data: your device location if you log into our systems remotely.
    • Feedback: information and responses you provide when completing surveys and questionnaires.
    • Photo and Image Data: profile picture, images, videos and audio.
    • Marketing and Communication Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences.
    • Special Category Data: information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation, which you may choose to provide to us.

5 HOW WE USE YOUR INFORMATION

5.1 We are required to identify a legal justification (also known as a lawful basis) for collecting and using your personal data. There are six legal justifications which organisations can rely on. The most relevant of these to us are where we use your personal data to:
    • do something for which you have given your consent.
5.2 Below is set out the lawful basis we rely on when we use your personal data. If we intend to use your personal data for a new reason that is not listed below, we will update our Privacy Notice. 5.2.1 Consent
    • Where you have provided your consent to providing us with information or allowing us to use or share your information.
    • Where you have consented to receive marketing material from us.
5.3 Where we need to collect your personal data (for example, in order to fulfil a contract we have with you), failure to provide us with your personal data may mean that we are not able to provide you with the services. Where we do not have the information required about you to fulfil an order, we may have to cancel the service ordered. 5.4 We will not collect Special Category data 5.5 We will not collect Special Category data

6 WHO WE SHARE YOUR INFORMATION WITH

6.1 We share (or may share) your personal data with:
    • Our personnel: our employees (or other types of workers) who have contracts containing confidentiality and data protection obligations.
    • Any actual or potential buyer of our business.
6.2 If we were asked to provide personal data in response to a court order or legal request (e.g. from the police), we would seek legal advice before disclosing any information and carefully consider the impact on your rights when providing a response.

7 WHERE YOUR INFORMATION IS LOCATED OR TRANSFERRED TO

7.1 We store your personal data on our servers in the UK. 7.2 We will only transfer information outside of the UK or EEA where we have a valid legal mechanism in place (to make sure that your personal data is guaranteed a level of protection, regardless of where in the world it is located, e.g. by using contracts approved by the ICO or the UK Secretary of State). 7.3 If you access our Website whilst abroad then your personal data may be stored on servers located in the same country as you or your organisation.

8 HOW WE KEEP YOUR INFORMATION SAFE

8.1 We have implemented security measures to prevent your personal data from being accidentally or illegally lost, used or accessed by those who do not have permission. These measures include:
    • internal IT and network security;
    • regular testing and review of our security measures.
8.2 If there is an incident which has affected your personal data and we are the controller, we will notify the regulator and keep you informed (where required under data protection law). Where we act as the processor for the affected personal data, we notify the controller and support them with investigating and responding to the incident. 8.3 If you notice any unusual activity on the Website, please contact us info@theteethkeeper.co.uk.

9 HOW LONG WE KEEP YOUR INFORMATION

9.1 Where we act as the controller, we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for. 9.2 To decide how long to keep personal data (also known as its retention period), we consider the volume, nature, and sensitivity of the personal data, the potential risk of harm to you if an incident were to happen, whether we require the personal data to achieve the purposes we have identified or whether we can achieve those purposes through other means (e.g. by using aggregated data instead), and any applicable legal requirements (e.g. minimum accounting records for HM Revenue & Customs). 9.3 We may keep Identity Data, Contact Data and certain other data (specifically, any exchanges between us by email or any other means) for up to seven years after the end of our contractual relationship with you. 9.4 If you browse our Website, we keep personal data collected through our analytics tools for only as long as necessary to fulfil the purposes we collected it for. 9.5 If you have asked for information from us or you have subscribed to our mailing list, we keep your details until you ask us to stop contacting you.

10 YOUR LEGAL RIGHTS

10.1 You have specific legal rights in relation to your personal data. 10.2 We can decide not to take any action in relation to a request where we have been unable to confirm your identity (this is one of our security processes to make sure we keep information safe) or if we feel the request is unfounded or excessive. Usually there is no cost for exercising your data protection rights, but we may charge a fee where we decide to proceed with a request that we believe is unfounded or excessive. If this happens we will always inform you in writing. 10.3 We will respond to your legal rights request without undue delay, but within one month of us receiving your request or confirming your identity (whichever is later). We may extend this deadline by two months if your request is complex or we have received multiple requests at once. If we need to extend the deadline, we will let you know and explain why we need the extension. 10.4 We do not respond directly to requests which relate to personal data for which we act as the processor. In this situation, we forward your request to the relevant controller and await their instruction before we take any action. 10.5 If you wish to make any of the right requests listed below, you can reach us at info@theteethkeeper.co.uk. 10.6 Your rights include:
    • Access: You must be told if your personal data is being used and you can ask for a copy of your personal data as well as information about how we are using it to make sure we are abiding by the law.
    • Correction: You can ask us to correct your personal data if it is inaccurate or incomplete. We might need to verify the new information before we make any changes.
    • Deletion: You can ask us to delete or remove your personal data if there is no good reason for us to continue holding it or if you have asked us to stop using it (see below). If we think there is a good reason to keep the information you have asked us to delete (e.g. to comply with regulatory requirements), we will let you know and explain our decision.
    • Restriction: You can ask us to restrict how we use your personal data and temporarily limit the way we use it.
    • Objection: You can object to us using your personal data if you want us to stop using it. If we think there is a good reason for us to keep using the information, we will let you know and explain our decision.
    • Portability: You can ask us to send you or another organisation an electronic copy of your personal data.
    • Complaints: If you are unhappy with the way we collect and use your personal data, you can complain to the ICO or another relevant supervisory body, but we hope that we can respond to your concerns before it reaches that stage. Please contact us at info@theteethkeeper.co.uk.
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