This Terms and Conditions Agreement (“the Agreement”) is a legal document that explains your rights and obligations as a user of Smart Dentist from Smartmed Solutions Sdn. Bhd., of No. 5, 1st Floor, Business Center, Taman Desa, Off Jalan Kelang Lama, 58100 Kuala Lumpur Wilayah Persekutuan (“the Company”).
Smart Dentist (“the Website and/or App”) is an online service offered by the Company. By accessing or using any website with an authorised link to the Website and/or the App, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website and/or App (collectively “the Services”), clicking on a button or taking any action to signify your acceptance of this Agreement, you:
- agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
- represent you are of legal age in the jurisdiction of your residence to form a binding contract; and
- represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organisation or other legal entity on whose behalf you use the Services.
Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.
1. REGISTRATION AS A USER; APPLICATION OF TERMS TO YOU; YOUR ACCOUNT
1.1 You become a user of Services (“the User”) by completing the registration of an account for Services (“the Account”). This Agreement takes effect as soon as you indicate your acceptance of these terms. You may not become a User if you are under the age of 18. Services are not intended for persons under 18 and the Company will not knowingly collect personal information from persons under the age of 18.
1.2 When registering an Account, you agree to provide only true, accurate, current and complete information required by the registration form (“the Registration Data”) and to promptly update the Registration Data thereafter as necessary. The Registration Data may include personally identifiable information such as your email address, name, phone number, postal address, personal data relating directly or indirectly to you, practicable for the identity of you and other information.
Your submission of Registration Data through the Services is governed by the Company’s Privacy Policy, which we strongly advise and require you to read before using the Services.
1.3 You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone.
You further agree to notify the Company immediately of any unauthorized use of your password or other breach of security and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any Services. You further agree that you will not maintain more than one Account for the same Company service at any given time.
The Company reserves the right to remove or reclaim usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of the Company.
A. Contracting Party
For any interaction with Services, your contractual relationship is with the Company. Except as otherwise indicated at the time of the transaction, any transactions you make on Services are being made from the Company.
B. Subscriptions; Content and Services
As a User, you may obtain access to certain services, software and content available to Users.
The Services service and any other software, content, and updates you download or access via Services, including but not limited to the Company or third-party content, and any virtual items you trade, sell or purchase in Services are referred to in this Agreement as “Content and Services”; the rights to access and/or use any Contents and Services accessible through Services are referred to in this Agreement as “Subscriptions”.
Each Subscription allows you to access particular Content and Services. Some Subscriptions may impose additional terms specific to that Subscription (“Subscription Terms”). The Subscription Terms and the Company Privacy Policy are binding on you once you indicate your acceptance of them or of this Agreement.
C. Your Account
Your Account may also include billing information you provide to the Company for the purchase of Subscriptions, Content and Services and any physical merchandise offered for purchase through Services (“Product”). You may not reveal, share or otherwise allow others to use your password or Account except as otherwise specifically authorized by the Company. You are responsible for the confidentiality of your login and password and for the security of your computer system.
The Company is not responsible for the use of your password and Account or for communication and activity on Services that results from use of your login name and password by any person to whom you intentionally or negligently disclosed them in violation of this confidentiality provision.
Unless it results from the Company’s negligence or fault, the Company is not responsible for the use of your Account by a person who fraudulently used your login and password without your permission. If you believe that the confidentiality of your login and/or password may have been compromised, you must notify the Company without delay.
Your Account, including any information pertaining to it such as contact information, billing information, Account history and Subscriptions, is strictly personal. You may not sell or charge others for the right to use your Account, transfer it, or transfer Subscriptions except as expressly permitted by this Agreement, applicable Subscription Terms or the Company.
D. Payment Processing
Payment processing related to Content and Services and/or physical goods purchased on Services is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of payment method used. In any case, delivery of Content and Services, as well as physical goods, is performed by the Company.
2. LICENCES
A. General Content and Services License
Services and your Subscription(s) require the automatic download and installation of Content and Service onto your computer. The Company hereby grants, and you accept, a non-exclusive license and right to use the Content and Services for your personal, non-commercial use, except where commercial use is expressly allowed in these Terms or the applicable Subscription Terms. This license ends upon termination of this Agreement or a Subscription that includes the license.
The Content and Services are licensed, not sold. Your license confers no title or ownership. To make use of them, you must have a Services Account and may be required to run the Services client and maintain an Internet connection.
For reasons including system security and stability, Services may automatically update, pre-load, create new versions of or otherwise enhance Content and Services. System requirements may change over time, and you consent to such automatic updating.
This Agreement does not entitle you to future updates, new versions or enhancements associated with a Subscription, although the Company may provide them at its discretion.
B. License to Use the Company’s Content in Derivative Work
The Company appreciates the community of Users that creates secondary and audio-visual works that reference the Company’s content (“Derivative Work”). You may incorporate Company content into Derivative Work with the Company’s consent. Except as set forth in this clause or any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Derivative Work that incorporates Company content solely on a non-commercial basis.
If you incorporate third-party content in any Derivative Work, you must obtain all necessary rights from the owner.
C. Ownership of Content and Services
All title, ownership rights and intellectual property rights in and to the Content and Services and copies thereof are owned by the Company and/or its affiliates’ licensors. All rights are reserved except as expressly stated. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws.
The Content and Services contain licensed materials, and the Company’s and its affiliates’ licensors may protect their rights if this Agreement is violated.
D. Restrictions on Use of Content and Services
You may not use Content and Services for any purpose other than permitted access to Services and Subscriptions and personal, non-commercial use, except as permitted by this Agreement, applicable Subscription Terms or law.
You may not copy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works from, or remove proprietary notices or labels from Content and Services or software accessed through Services without prior written consent, except as permitted by this Agreement or law.
You may not sell, grant a security interest in, transfer, rent, lease or license Content and Services; host or provide services for them; emulate or redirect Services communication protocols; or exploit Content and Services for a commercial purpose except as expressly permitted.
3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
You agree to pay all fees or charges to your Account according to the fees, charges and billing terms in effect when payment is due, together with applicable taxes. You must provide valid payment information in connection with your orders.
By providing payment information, you agree that the Company is authorised to invoice your Account for fees and charges, share information and instructions required to complete transactions with third-party payment service providers, and process those transactions without additional notice or consent. You agree to promptly notify the Company of changes to your payment information. The Company reserves the right to change prices and billing methods.
If payment cannot be charged or is returned, the Company may suspend or terminate access to paid services.
A. Payment Authorization
When you provide payment information to the Company or one of its processors, you represent that you are the authorised user of the associated payment method and authorise charges for Subscriptions, Products or other fees incurred by you. The Company may require address or other information to meet tax obligations and may charge applicable taxes.
You agree not to use IP proxying or other methods to disguise your residence to circumvent content restrictions or applicable pricing. The Company may terminate access if you do so.
B. Responsibility for Charges Associated With Your Account
As the Account holder, you are responsible for charges incurred, applicable taxes and purchases made by you or anyone using your Account. If you cancel your Account, the Company may collect fees, surcharges or costs incurred before cancellation. Delinquent or unpaid Accounts must be settled before registration is allowed again.
C. Free Subscriptions
The Company may offer free access to certain services, software and content. You remain responsible for Internet, telephone and other connection fees you incur even where a Subscription is free.
D. Third Party Sites
Services may provide links to third-party sites. Some of those sites may charge separate fees that are not included in any Subscription or other fees paid to the Company. Services may also provide access to third-party vendors that offer content, goods or services through Services or the Internet. Any separate charges or obligations arising from your dealings with those third parties are your responsibility.
The Company makes no express or implied representations or warranties regarding third-party sites, including that a service or subscription offered by a third-party vendor will not change, be suspended or terminate.