1. Who we are and these terms

www.guardupsports.com (the “site”) is operated by Acorn Polymers (U.K.) Ltd, a company registered in England and Wales (company number 03514874), registered office Victoria Works, Nelson Street, Bolton BL3 2DW (“Acorn Polymers”, “we”, “us”). Contact us at sales@acornpolymers.co.uk or on 01204 524404.

These terms apply to your use of the site, including the mouthguard designer and the downloads. By using the site you accept them. If you do not agree, please do not use the site. Our Privacy & cookies notice explains how we handle personal data.

2. We do not sell to the public

We manufacture materials and cases that dentists and dental laboratories use to make custom mouthguards. We do not make, sell or fit mouthguards for the public. Nothing on the site is an offer to sell you a mouthguard, and using the designer or saving a design does not create any order or contract with us.

Your mouthguard is made and supplied by your dentist or dental laboratory under their own terms. They are responsible for taking the impression, deciding whether a design and construction is suitable for you, making the guard, its fit, and any advice they give you.

3. Health and safety information

The site gives general product information only. It is not medical or dental advice and is no substitute for advice from your dentist. No mouthguard can prevent every injury. Always follow your dentist’s advice on fitting, use, cleaning, inspection and replacement, and replace a guard that is damaged, worn or no longer fits.

4. The mouthguard designer

• A visual guide only. Pictures produced by the designer are computer-generated illustrations. Colours, patterns, the position and size of motifs, and the effect of forming are approximate and will vary from the finished guard, because every mouth, impression and forming process is different. Marbles and swirls are mixed by hand, so each one is unique.
• Design sheets. The PDF you save is a description of your chosen design for your dentist or laboratory. It is not a quotation, an order or a guarantee that the design can be made exactly as shown. Your dentist or laboratory may need to change, or may decline, a design.
• Availability. Colours, patterns, constructions and motifs shown may change or be withdrawn without notice and may not be available from every laboratory.

5. Artwork you upload

Artwork you add to the designer stays on your own device; we do not receive or store it. By uploading artwork you confirm that you own it or have permission to use it (for example, from your club for a club crest) and that it does not infringe anyone else’s rights or contain anything offensive, defamatory or unlawful. You are responsible for any artwork you choose to use, and your dentist or laboratory may refuse to reproduce artwork that does not meet these conditions.

6. Our intellectual property

The site and everything on it — including the mouthguard designer software and its code, 3D models, pattern and colour designs, photographs, renderings, text, the Surgery Booklet and other downloads — are owned by or licensed to Acorn Polymers and are protected by copyright, database right and other intellectual property laws. GUARDUP and the GuardUp logo are our trade marks.

You may view the site, use the designer for your own personal use or, if you are a dental professional, to help your patients choose a design, and print or share the Surgery Booklet in full and unaltered. You must not, without our written permission:

• copy, reproduce, adapt, sell or distribute the designer, its code, models, patterns or images, or any substantial part of the site;
• decompile, reverse-engineer, de-obfuscate or extract the source code or data of the designer, except to the extent the law expressly allows;
• host, frame or mirror the site or the designer on any other website or app;
• use any automated tool to scrape, download or harvest content from the site;
• use our designs, images or trade marks to promote or make any other product.

7. Acceptable use

You must not use the site unlawfully or in a way that could damage it or affect other users, including by introducing viruses or other harmful material, attempting to gain unauthorised access to the site or the systems it runs on, or interfering with its operation. We may report any such use to the relevant authorities.

8. The site is provided “as is”

The site is free to use. We try to keep it accurate and available, but we do not promise that it will always be available, uninterrupted or free from errors, or that its content is complete or up to date. We may change, suspend or withdraw any part of the site at any time. Links to other websites are provided for convenience only; we are not responsible for their content.

9. Our liability

Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded under the laws of England and Wales. Nothing in these terms affects your statutory rights as a consumer.

If you are a consumer, we only provide the site for your domestic and private use, and we are not liable to you for any business loss, such as loss of profit or business opportunity. We are not responsible for any loss that was not reasonably foreseeable or that is caused by a mouthguard made or supplied by a third party.

If you are a business (including a dental practice or laboratory), we exclude all implied conditions, warranties and other terms that may apply to the site, and we will not be liable for any loss of profits, sales, business, revenue, goodwill or data, or for any indirect or consequential loss, arising from your use of, or inability to use, the site or its content. Subject to the paragraph above about liability that cannot be excluded, our total liability to a business in connection with the site is limited to £100.

Mouthguards are made by independent dentists and dental laboratories. We are not responsible for the design choices, manufacture, fit, supply or advice of any dentist or laboratory. This does not affect any rights you or they may have in respect of our own materials.

10. Changes to these terms

We may update these terms from time to time. The version on the site when you use it applies, and the date at the top shows when it was last changed.

11. Law and disputes

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts, and if you live elsewhere in the UK or the EU you keep the protection of any mandatory consumer law of the country where you live.

If any part of these terms is found to be unenforceable, the rest remains in force. If we do not enforce any part of these terms straight away, we may still do so later.