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Terms & Conditions

Welcome to the SmileFast website. These are the terms that govern your use of this website.

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Smilefast PTY LIMITED (“Smilefast”). PLEASE READ THIS AGREEMENT (“AGREEMENT”) FULLY BEFORE YOU CONTINUE TO USE THIS WEBSITE.

Ownership of This Website

This website is owned operated by Smilefast Pty Limited. All of the content featured or displayed on this website, including, but not limited to text, graphics, photographs, moving images, sound, illustrations and software (“Content”), is owned by or used under license or permission by Smilefast, its participating clients, its licensors and its content providers or is wholly owned by its clients.

All elements of this website including, but not limited to the general design and the content are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or any other agreement with Smilefast, no portion or part of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Smilefast, its clients or its licensors unless otherwise expressly agreed. You shall indemnify Smilefast, its subsidiaries, its affiliates, its clients and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Clients, Registered Dentists and Patients

You may access and utilize this website and you may explicitly permit a third party to access and utilize this website, however in doing so, you shall take complete responsibility for your use and any third party use of said website.

Other Authorized Users

You shall not download and use the text, graphics, photographs, moving images, sound, illustrations and software (“Content”) without the explicit authority of the Smilefast clients who are authorizing access and content. Participants and authorized users of Smilefast are bound by separate Terms and Conditions found here.

Trademarks

Magic Braces is a trademark of Smilefast Pty Limited. All other trademarks are owned by their respective owners and all rights are reserved. Your usage of any trademark signifies you are authorized to use such trademark(s). Downloading or using trademarked property from this site DOES NOT constitute permission to use such content and Smilefast DOES NOT grant any rights or licenses for such use. You must have permission or obtain permission from the relevant owner, a registered Smilefast client.

Disclaimers

THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND PROMOTEM EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Smilefast WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Smilefast, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Smilefast nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Smilefast uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.

There may be links to other websites from the Smilefast website; however, these other websites are not controlled by Smilefast and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Smilefast regarding the inclusion of links to outside websites or your use of those websites.

Some jurisdictions may not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Governing Law. This Agreement shall be interpreted, construed and governed by the laws of the State of Victoria, Australia. The jurisdiction for all disputes arising under this Agreement shall lie exclusively in the courts of the State of Victoria. Users of this website agree that any and all disputes arising from the use of this website or the participating in games and training programs arising from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Promotem shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Promotem, such action is necessary or desirable.

No Waiver or Severability

No action of Smilefast, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found un-enforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Promotem and you relating to your use of this website.26

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