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Website User and Member Agreement
SmileMedics is a distributor of teeth whitening products. We offer our members through our “Site” means Smilemedics.com the option to buy products on our website . By accessing or using this Site, you agree to be bound by and accept without limitation or qualification the following terms and conditions (“Terms and Conditions”).
- USER REPRESENTATIONS: Users represent and warrant that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use the SmileMedics website in accordance with these Terms and Conditions. .
- RESTRICTIONS ON USE: Users agree to use the Site solely for their own personal and non-commercial use. Further, users agree not to (a) interrupt or attempt to interrupt the operation of the Site in any way, or use the Site in a manner that adversely affects the availability of its resources to other Users; (b) use the Site for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, the Site.
- USER’S AGREEMENT: Users agree: (a) to maintain all equipment required for their access to and use of the Site; (b) to maintain the security of their user identification, password and other confidential information relating to their SmileMedics account (“Account”); (c) to be responsible for all consequences resulting from use of their Account, use of their Account by others (including minors) or unauthorised use; (d) to notify SmileMedics immediately if users become aware of any unauthorised use of their Account; and (e) that each username and password must be used by a single user and are not transferable.
- MODIFICATIONS: SmileMedics reserves the right to modify this Agreement from time to time. Such modifications will be effective immediately upon notification on this Site. Your continued use of the Site, or any of the materials contained on the site, following such notification will be deemed your conclusive acceptance of the modified Terms and Conditions.
- EMAIL POLICY: It is assumed upon signing up that you are willing to receive emails from SmileMedics, for the confirmation and registration of SmileMedics deals and for receiving information on deals via the SmileMedics newsletter. Emails are essential for confirmation and reservation and will not be sent unless users consent to receiving such email. For any concerns or problems with email contact [email protected]
- RESERVATIONS AND CANCELLATIONS: SmileMedics is committed to providing superior quality services for all relevant parties involved.
- FEES AND CHARGES: It is a condition of use that businesses will not charge users any additional fees or charges when users register for a deal, unless specified, and it is released other than those fees and charges that would normally be charged in the provision of their services.
- LICENCE: You have no rights or licenses in or to SmileMedics and materials contained on the Site (Smilemedics.com) other than the limited right to use the Site in accordance with these Terms and Conditions. Users shall not copy, display, modify, create derivative works of, publish, or sell the Smilemedics.com Content or any information, software, or services provided by SmileMedics. Smilemedics.com content may be modified from time to time by SmileMedics in its sole discretion. Except as expressly set forth herein, no license is granted to user for any other purpose, and any other use of the Service or the SmileMedics Content by user shall constitute a material breach of this Agreement. In the event that you choose to download content from the Site, you must do so in accordance with these Terms and Conditions. Such download is licensed to you by SmileMedics only for your own personal, non-commercial use in accordance with the Terms and Conditions and does not transfer any other rights to you. Nothing in this Agreement shall affect any rights of SmileMedics or its licensors in the service or SmileMedics Content, and any associated patents, trademarks, copyrights, designs, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of SmileMedics or any third party is granted under this Agreement.
- COPYRIGHT: All material on this Site (collectively “Copyright Material”) is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site, and is protected under the law.
- TRADE MARKS: The trademarks and logos displayed on the Site (collectively the “TradeMarks”) are trademarks of SmileMedics and/or its affiliates, unless otherwise specified. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the TradeMarks displayed on the Site without the express written permission of SmileMedics or such other third party owner. You must retain, on all copies of material downloaded from this Site, all copyright and other proprietary notices contained in the material. The use of Copyright Material and/or TradeMarks by you, or anyone authorised by you, is prohibited unless expressly permitted by these Terms and Conditions, or express permission is provided elsewhere on the Site or express permission is provided by SmileMedics. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy, and civil and criminal statutes.
- HYPERLINKS: This Site may contain links to other websites. SmileMedics is not responsible for and does not control the content of any website linked to or from the Site. Any links to other websites are for your convenience only and SmileMedics makes no warranty or representation regarding and, unless expressly stated by SmileMedics on the Site, does not endorse the owner/sponsor and the content of any linked websites. SmileMedics disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such websites. SmileMedics neither warrants nor represents that a user’s use of any materials on linked websites will not infringe rights of third parties not owned by or affiliated with SmileMedics.
- NO WARRANTIES: SmileMedics assumes no responsibility, and will not be liable for any damages to or viruses that may infect your computer equipment or other property due to you accessing and/or use of the Site or any linked websites, or your downloading any materials, data, text, images, video or audio from the Site or any linked websites. SmileMedics assumes no responsibility for computer systems, hardware, software or program malfunctions or for other errors, failures, or delays in computer transmissions or network connections or for lost, late, mutilated, illegible, incomplete or misdirected information. Users must provide a valid email address. SmileMedics reserves the right, in its sole discretion, to cancel or suspend this program should any virus, bugs, or other causes beyond SmileMedics’s control which corrupt the administration, security or proper function of this Site. The material on this Site may contain inaccuracies and typographical errors. SmileMedics does not warrant the accuracy or completeness of the material or the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum or information will be at your own risk.
- REVIEW OF POSTINGS & UPLOADS: You may send and receive electronic mail (“email”), engage in conferences and chats, download and upload files and otherwise use this Site as permitted by this Agreement, the operating policies of SmileMedics and applicable law. Your participation in on-line communications and communities occurs in real time and is not edited, censored, or otherwise controlled by SmileMedics. SmileMedics does not and cannot review all communications and materials posted or uploaded to the Site and is not responsible or liable for the content of these communications and materials, nor for an error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication or materials. SmileMedics reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libellous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, or other intellectual property right of another (d) is to encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law (e) offensive or otherwise unacceptable; or (f) determines to be harmful, offensive or otherwise in violation of this Agreement or the operating policies of SmileMedics for its users. SmileMedics will fully cooperate with any law enforcement authorities or court order requesting or directing SmileMedics to disclose the identity of anyone posting such communications or materials. Statements made in websites, newsgroups, message boards, email, forums, conferences and chats reflect only the views of their authors, and do not necessarily reflect those of SmileMedics.
- REGISTRATION: In order for users to be able to access the services offered by SmileMedics at the Site, users must register by completing their registration details in the manner described at the Site. SmileMedics reserves the right to terminate users’ memberships at any time if users breach these Terms and Conditions. Users agree to ensure that their registration details are true and accurate at all times. Specifically, users must notify SmileMedics of any change to their registration details. Upon registration, users will need to provide a username and password.
- TERM AND TERMINATION: Either users or SmileMedics may terminate a user’s right to use the Site at any time, with or without cause, upon notice. The clauses will survive any termination of this Agreement.
- LIABILITY: SmileMedics and its associated agencies are not liable for any loss, damage, personal injury or death whatsoever (including, but not limited to, direct, indirect or consequential losses) suffered or sustained in connection with: (i) any inaccurate or incorrect information provided by users; (ii) any use of the Site or SmileMedics Content; or (iii) any use of the services offered or products provided by SmileMedics or its associated agencies; or (iv) any act or omission (whether negligent or not) of SmileMedics and its associated agencies or any person associated with any of them; or (v) any failure or delay (including, but not limited to, the use of inability to use any component of the service or the SmileMedics site for reservations); or (vi) the performance or non-performance of any restaurant or business in connection with the SmileMedics service, except for any liability which cannot be excluded by law.
- LIABILITY RELEASE AND INDEMNIFICATION: You hereby release and discharge and agree to indemnify: a) SmileMedics and any related body corporate, b) SmileMedics ’s organisers, directors, officers, employees and agents; and c) the other participants and/or users (“Released Parties”), for any personal injury, illness or death, claims, liabilities or expenses of any kind, including reasonable attorney’s fees (and whether accruing to you, your heirs or personal representatives) that are caused or alleged to be caused in whole or in part by reason of an act or omission of any Released Party that arises out of or in connection with your use of the Site, or resulting from any violation of this agreement or any activity related to your account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing SmileMedics using your service account. In no event will SmileMedics’s total liability to you for all damages, losses, causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site.
- THIRD-PARTY RIGHTS: The foregoing provisions regarding Indemnification and Waiver, Release and Limitation of Liability are for the benefit of SmileMedics and its officers, directors, employees, agents, licensors, suppliers and information providers. Each of these individuals or entities has the right to assert and enforce those provisions directly against you on its own behalf.
- Force majeure: SmileMedics and its subsidiaries are not liable for any breach of obligations where there is hindrance or prevention from carrying out obligations by any cause outside their reasonable control, including but not limited to lightning, fire, flood, extreme or severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
- “Lookswoow FZC” maintains the www.smilemedics.com Website (“Site”).
- “United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
- “Any purchase, dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”
- ‘’Visa or MasterCard debit and credit cards in AED and USD will be accepted for payment’’
- ‘’The displayed price and currency at the checkout page, will be the same price and currency printed on the Transaction Receipt and the amount charged to the card will be shown in your card currency”.
- ‘’We will not trade with or provide any services to OFAC and sanctioned countries’’
- ‘’Cardholder must retain a copy of transaction records and www.smilemedics.com ( policies and rules’’ )
- ‘’User is responsible for maintaining the confidentiality of his account’’.
- HOW TO CONTACT SMILEMEDICS: SmileMedics may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site or by written communication delivered by mail to your address on record in the Site’s account information. You may give notice to SmileMedics at any time via electronic mail [email protected] or by letter delivered by postage prepaid mail to the following address:
P.O. Box 8149 Sharjah, UAE
TAX: With effect from 1st January 2018 all prices include VAT where applicable.