WebApp Ts & Cs

Last updated: 02 March 2023

These Terms and Conditions ("Terms and Conditions", "Terms and Conditions") govern your relationship with the https://smylor.com website and the Smylor Dental Treatment Marketplace mobile web application (the "Service") operated by SMYLOR ("us", "we" or "our"). 

Please read these Terms and Conditions carefully before using our website and Smylor Dental Treatment Marketplace mobile web application (the "Service"). 

 

Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. 

 

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, you may not be able to access the Service. 

 

Subscriptions 

 

Some parts of the Service are charged on a subscription basis ("Subscription(s)"). They are billed regularly and periodically in advance ("Billing Cycle"). Billing cycles are set either monthly or annually, depending on the type of subscription you select when you purchase a subscription. 

 

At the end of each billing cycle, your subscription will automatically renew under exactly the same terms and conditions unless you cancel it or SMYLOR cancels it. You may cancel your subscription renewal either through your online account management page or by contacting SMYLOR Customer Service. 

 

A valid payment method, including credit card or PayPal, is required to process payment for your subscription. You must provide SMYLOR with accurate and complete billing information, including full name, address, state, postcode, phone number and a valid payment method.

 

If for any reason automatic billing does not occur, SMYLOR will issue an electronic invoice stating that you must proceed manually within a specified cut-off date, with full payment corresponding to the billing period indicated on the invoice.

 

Free trial period

 

SMYLOR may, at its sole discretion, offer a subscription with a free trial for a limited period of time ("Free Trial").

 

You may be required to enter your payment information to sign up for the Free Trial.

 

If you enter your payment information when you sign up for the free trial, SMYLOR will not charge you until the free trial expires. On the last day of the free trial period, you will automatically be charged the applicable subscription fees for the subscription type you selected, unless you cancelled your subscription.

 

SMYLOR reserves the right at any time and without prior notice to (i) change the terms of the free trial offer or (ii) cancel this free trial offer.

 

Fee changes

 

SMYLOR may, in its sole discretion and at any time, change the subscription fees for the Subscriptions. Any change to the Subscription Fee will be effective at the end of the then-current billing cycle.

 

SMYLOR will provide you with timely notice of any changes to the Subscription Fees to give you the opportunity to cancel your Subscription before such changes take effect.

 

Your continued use of the Service after the effective date of the change in the Subscription Fee will constitute your agreement to pay the revised amount of the Subscription Fee.

 

Refunds

 

Certain subscription refund requests may be reviewed by SMYLOR on a case-by-case basis and approved at SMYLOR's sole discretion.

 

Content

 

Through our Service, you may post, link to, store, share and otherwise make available certain information, text, graphics, video or other material ("Content"). You are responsible for the Content you post on the Service, including its legality, reliability and appropriateness.

 

By posting Content on the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You retain all of your rights in Content that you submit, post or display on or through the Service and are responsible for protecting those rights. You agree that this licence includes the right for us to make your Content available to other users of the Service, who may also use your Content in accordance with these Terms.

 

You represent and warrant that: (i) the Content is owned by you (you own it) or you have the right to use it and grant us the rights and licenses under these Terms; and (ii) the posting of your Content on or through the Service will not violate the privacy rights, publicity rights, copyrights, contract rights or other rights of any person.

 

Accounts

 

If you create an account with us, you must provide us with accurate, complete and up-to-date information at all times. Failure to do so will constitute a breach of the Terms of Use, which may result in immediate termination of your account on our Service.

 

You are responsible for protecting the password you use to access the Service and for all activities or actions under your password, whether your password is with our Service or with a third-party service.

 

You agree not to disclose your password to any third party. You must notify us immediately if you become aware of any breach of security or unauthorised use of your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to the rights of a person or entity other than you without proper authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Copyright Policy

 

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property right ("Infringement") of any person.

 

If you are a copyright owner, or are authorised to act on behalf of an owner, and believe that copyrighted work has been copied in a way that constitutes copyright infringement occurring through the Service, you must send your notification in writing to "Copyright Infringement" from paddy@smylor.com and include in your notification a detailed description of the alleged infringement.

 

You may be held liable for damages (including costs and attorneys' fees) if you misrepresent that Content infringes your copyright.

 

Intellectual Property

 

The Service and its original content (excluding user-supplied content), features and functionality are and will remain the exclusive property of SMYLOR and its licensors. The Service is protected by copyright, trademark and other laws both in Ireland and abroad. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SMYLOR.

 

Links to other websites

 

Our Service may contain links to third-party websites or services that are not owned or controlled by SMYLOR.

 

SMYLOR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SMYLOR 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 services available on or through any such web sites or services.

 

We strongly recommend that you read the terms and conditions and privacy policies of any third party websites or services that you visit.

 

Termination

 

We may terminate or suspend your account immediately without notice or liability for any reason, including without limitation, if you violate the Terms of Service.

 

Upon termination, your right to use the Service immediately ceases. If you wish to terminate your account, you may simply stop using the Service.

 

Limitation of liability

 

In no event shall SMYLOR or its directors, employees, partners, agents, suppliers or affiliates be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, lost profits, data, use, goodwill, or other intangible losses arising out of (i) your access to or use of, or inability to access or use, the Service; (ii) any third party conduct or content on the Service; (iii) any Content obtained from the Service; and (iv) unauthorised access, use or modification of your transmissions or Content, whether in warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been advised of the possibility of such damages if any remedy set forth herein is found to have failed of its essential purpose.

 

Disclaimer

 

Your use of the Service is at your sole risk. The Service is provided "as is" and "as available". The Service is provided "as is" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

 

SMYLOR, its subsidiaries, affiliates and licensors do not warrant that a) the Service will be uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

 

Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

 

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such rights. If any provision of these Terms is held invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us in relation to our Service and supersede and replace any prior agreements we may have entered into between us in relation to the Service.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to give at least 60 days' notice before new terms come into effect. What constitutes a material change will be determined at our sole discretion.

 

If you continue to access or use our Service after these changes take effect, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please discontinue your use of the Service.

 

Contact Us

 

If you have any questions about these Terms of Service, please contact us.