Hello, and welcome to the mySmilist Terms and Conditions of Use (“Terms of Use”). The Terms you see below are important because they:
- Outline your legal rights on mySmilist Website
- Explain the rights you give to us when you use mySmilist Website & Services
- Describe the rules everyone needs to follow when using the mySmilist Website & Services
Use of mySmilist Website (“website”) Is Subject to Your Adherence to The Following Terms
Please review the following terms and conditions concerning your use of the website. In addition to reviewing these Terms of Service, you must also review mySmilist.com Privacy Policy, which explains how we may collect and use your Personal Information. By accessing, using, or downloading any information and/or materials from the website, you agree to follow and be bound by the Terms of Use & Privacy Policy. If you do not agree with these Terms of Use & Privacy, you may not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
- Ownership of the Website and Website Information
The website is expressly owned and operated by GlowTribe Corp. India Private Limited (“GTC” “We” “Us”). Unless otherwise noted, the design and content features on the Website, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software, and the like, as well as the selection, assembly and arrangement thereof (the “Website Information”), are owned by GTC or its affiliates or are licensed from third party service providers by GTC, mySmilist and the website names, logos, and other identifying marks are the property of GTC The website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
- Use of The Website’s Content
By visiting and using the website, you represent to us that you are at least 18 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of majority in your state (i.e., if you are a minor), you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use.
Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this website in any way.
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 GTC or any third party.
- User Conduct:
You agree to use the website and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Your right to use the Website and the Services is personal to you and you may not authorize others to use the Website and the Services, and you are responsible for all use of the Website and the Services by you and by those you allow to use, or provide access to, the Website and the Services.
Illegal and/or unauthorized uses of the website, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
We may at our sole discretion, terminate your ability to use the website and prosecute you to the fullest extent allowed by law if you :(a) post or transmit any material that is unrelated to the subject matter of the website; (b) violate or solicit the violation of any applicable local, state, national or international law or regulation; (c) violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights; (d)interfere with or disrupt the website, computer servers or boards accessible through the website; (e) intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose; (f) impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) 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); (h)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 libellous;
(i) engage in or facilitate the transmission of unsolicited mass mailing or spamming
- Disclaimer or Warranty and Limitation of Liability:
You acknowledge that you are using the site and the services at your own risk. The site, the site information and the services are provided “as is,” and to the full extent permitted by applicable law, GTC, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.
GTC, its affiliates, and its third-party service providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of mySmilist.com, GTC, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
GTC and any other party involved in creating, producing or distributing the website, and their officers, directors, subsidiaries, employees, affiliates, agents, partner, successors and assigns (the released parties’) will not be liable for any claims, demands and 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 (even if GTC has been advised of the possibility of these damages) resulting from your use of the website, website content and website services. Under no circumstances will the released party’s total liability of all kinds arising out of or related to your use of the website and website content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceeds the sum of Rs. 5000/-.
- 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 by itself does not create a doctor/patient relationship.
- Privacy Policy:
GTC respects your right to privacy. We may collect registration and other information about you through the website. Our Privacy Statement available governs our collection and use of this information. The Privacy Statement also explains how your information is used and who has access to.
- Telemedicine Consent:
When you register in and avail the Company Services, we give you the option (under certain circumstances) prior to the treatment or during treatment to choose/opt for in-person consultation at your home or consultation via video and telephone conferencing. On selection of the mode, you understand and acknowledge that you have duly accorded your express as well as implied concurrence in accordance with the consent form for providing information required during these calls along with any impressions, scans, radiographs (x-rays) and photographs, as required on a case-to-case basis for diagnosis, treatment planning and progress tracking, to us.
- Personal Information
Our Privacy Policy governs your submission of personal information. You also agree that any information that you submit through the website that is communicated to our affiliated orthodontists will be accurate and complete.
- Copyright/ Intellectual Property Infringement
GTC respects the intellectual property rights of others and requires you to do the same. It is the policy of GTC 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 GTC at the address below and provide the necessary information:
E-mail: info@mySmilist.com
- Indemnity
You agree to indemnify and hold GTC, and the Released Parties, harmless from any costs, damages, expenses, and liability, including reasonable attorney’s fees, arising out of, or related to your use of the website or website content, your violation of these Terms of Use, or your violation of any rights of another person or entity.
- Electronic Communications
When you visit the Website 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 or by posting notices on the 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.
- Feedback and content submission
Any comments, feedback, information, suggestions, submissions, or materials you submit through or related to this website (a “Submission”) will be considered non-confidential by us. You acknowledge that you are responsible for the Submissions that you provide, and that you, and have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party and agree to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to GTC a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.
- Modification and Termination of Website
GTC reserves 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 GTC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website. GTC may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, GTC disclaims any responsibility to update, improve or change this website.
- Other Websites and Resources
Third parties using the website may provide links or access to other websites and resources. Because GTC has no control over such sites and resources, you acknowledge and agree GTC 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 GTC 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.
- SMS Terms & Conditions
By providing your cell phone number, you have provided GTC with consent to send you text message alerts, notifications, and reminders. By providing this consent, you are authorizing GTC to contact you using automatic telephone dialling systems, automatic texting systems and artificial or pre-recorded messages. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number, which you have provided to us. Your cellular providers Message & Data Rates May Apply. We also reserve the right to terminate our text message program at any time.
Please be aware that if you are having any problems receiving text messages or if you wish to stop this service at any time, you can do so by contacting us at info@mySmilist.com or using the following number: +919175-19-33-19.
- Notices
Notices to you may be made via e-mail. GTC may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website
- Legal Disputes
These Terms of Use and your relationship with GTC shall be governed by the laws of India without regard to its conflict of law provisions. You and GTC agree to submit to the exclusive jurisdiction of the courts of Gurgaon, Haryana, India.
- Modification of Agreement
We may amend these Terms of Use at any time by posting the amended terms on the website and you are responsible for regularly reviewing these Terms of Use. All amendments shall automatically be effective 15 days after they are initially posted on the website. Your use of the website following the effective date of any modifications shall constitute your binding acceptance of those modifications.
- General
These Terms of Use constitute the entire agreement between you and GTC with respect to the website and supersede all prior agreements and understandings between you and GTC.
GTC ‘s failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. If a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.