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Terms and Conditions

Last updated: August 06, 2024

Please read these terms and conditions carefully before using Our Service. By accessing or using the SmileCraft mobile application or website, You agree to be bound by these Terms and Conditions. If You do not agree with any part of these Terms and Conditions, please do not use our Service.

1. Interpretation and Definitions

Interpretation

Words with capitalized initial letters have defined meanings. The following definitions apply whether the words appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by, or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: United Kingdom.
  • Company (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to SmileCraft Health LTD, located at Gloucester Court, Swan Street, London, United Kingdom, SE1 1DQ.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Service refers to both the SmileCraft mobile application and the website.
  • Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content provided by a third-party that may be displayed, included, or made available by the Service.
  • Website refers to the SmileCraft website, accessible from smilecraft.uk.
  • You means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These Terms and Conditions govern the use of this Service and constitute the agreement between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions, as well as our Privacy Policy. Our Privacy Policy details Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Service. Please read it carefully.

3. License

Unless otherwise stated, SmileCraft and/or its licensors own the intellectual property rights for all material on the Service. All intellectual property rights are reserved. You may access the Service for your own personal use, subject to restrictions set in these Terms and Conditions.

You must not:

  • Republish material from SmileCraft
  • Sell, rent, or sub-license material from SmileCraft
  • Reproduce, duplicate, or copy material from SmileCraft
  • Redistribute content from SmileCraft

4. User Comments and Content

Parts of this Service may allow users to post and exchange opinions and information. SmileCraft does not filter, edit, publish, or review Comments prior to their appearance on the Service. Comments reflect the views and opinions of the person posting them. To the extent permitted by applicable laws, SmileCraft shall not be liable for the Comments or any liability, damages, or expenses caused by the use or appearance of the Comments.

You warrant and represent that:

  • You are entitled to post the Comments and have all necessary licenses and consents.
  • The Comments do not infringe any intellectual property rights.
  • The Comments do not contain defamatory, libelous, offensive, indecent, or otherwise unlawful material.
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You grant SmileCraft a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of Your Comments in all forms, formats, or media.

5. Hyperlinking to Our Service

Certain organizations may link to our Service without prior written approval, including:

  • Government agencies
  • Search engines
  • News organizations
  • Online directory distributors
  • System-wide Accredited Businesses, excluding soliciting non-profit organizations, charity shopping malls, and charity fundraising groups

Other link requests may be considered and approved based on certain criteria.

Approved organizations may hyperlink to our Service as follows:

  • By use of our corporate name
  • By use of the uniform resource locator (URL) being linked to
  • By use of any other description of our Service that makes sense within the context and format of content on the linking party’s site

No use of SmileCraft’s logo or other artwork will be allowed for linking absent a trademark license agreement.

6. iFrames

Without prior approval and written permission, you may not create frames around our Service that alter the visual presentation or appearance of our Service.

7. Content Liability

We shall not be held responsible for any content that appears on Your App. You agree to protect and defend Us against all claims arising from Your App. No link(s) should appear on any Website that may be interpreted as libelous, obscene, criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.

8. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason, including if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

9. Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, arising from Your use of the Service.

10. “AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” without warranty of any kind. To the maximum extent permitted under applicable law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11. Governing Law

The laws of the United Kingdom, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service.

12. Dispute Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

13. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

14. Terms Specific to iOS Users

If you are using our mobile application on an iOS device, the following additional terms and conditions apply:

Acknowledgment: These Terms are between You and SmileCraft Health LTD only, and not with Apple. Apple is not responsible for the App and its content.

Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

Maintenance and Support: SmileCraft Health LTD is solely responsible for providing any maintenance and support services with respect to the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be SmileCraft Health LTD’s responsibility.

Product Claims: SmileCraft Health LTD, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights: In the event of any third party claim that the App or the end-user’s possession and use of that App infringes that third party’s intellectual property rights, SmileCraft Health LTD, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a UK government embargo, or that has been designated by the UK government as a “terrorist supporting” country, and (ii) You are not listed on any UK government list of prohibited or restricted parties.

Developer Name and Address: SmileCraft Health LTD can be contacted at Gloucester Court, Swan

Street, London, United Kingdom, SE1 1DQ.

Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App.

Here’s the continuation of the Terms and Conditions document, specifically the section related to iOS users:

Third-Party Beneficiary: Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions. Upon Your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against You as a third-party beneficiary thereof.

15. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

16. Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

These Terms and Conditions have been created to ensure clarity and transparency between You and SmileCraft Health LTD regarding the use of our Service. Please review these Terms periodically for any changes.