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 (“the 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 any other breach of security of your Account 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 of the 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 any 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 all of the communication and activity on Services that results from use of your login name and password by you, by any person to whom you may have intentionally or by negligence disclosed your login and/or password 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 any delay.
   
   Your Account, including any information pertaining to it (e.g. contact information, billing information, Account history and Subscriptions, etc.) is strictly personal. You may therefore not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by this Agreement (including any Subscription Terms) or as otherwise specifically permitted by 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 herein or in the applicable Subscription Terms). This license ends upon termination of (a) this Agreement or (b) a Subscription that includes the license. The Content and Services are licensed, not sold. Your license confers no title or ownership in the Content and Services. To make use of the Content and Services, you must have a Services Account and you may be required to be running the Services client and maintaining a connection to the Internet.
   
   For reasons that include, without limitation, system security and stability, Services may need to automatically update, pre-load, create new versions of or otherwise enhance the Content and Services and accordingly, the system requirements to ouse the Content and Services may change over time. You consent to such automatic updating. You understand that this Agreement (including applicable Subscription Terms) does not entitle you to future updates, new versions or other enhancements of the Content and Services associated with a particular Subscription, although the Company may choose to provide such updates, etc. in its sole 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 content from the Company into your Derivative Work with the consent of the Company. Except as otherwise set forth in this Clause or in any Subscription Terms, you may use, reproduce, publish, perform, display and distribute Derivative Work that incorporates content from the Company however you wish, but solely on a non-commercial basis.
   
   If you incorporate third-party content in any Derivative Work, you must be sure to obtain all necessary rights from the owner of that content.
   
   
C. Ownership of Content and Services
   All title, ownership rights and intellectual property rights in and to the Content and Services and any and all copies thereof, are owned by the Company and/or its or its affiliates’ licensors. All rights are reserved, except as expressly stated herein. The Content and Services are protected by copyright laws, international copyright treaties and conventions and other laws. The Content and Services contains certain licensed materials and the Company’s and its affiliates’ licensors may protect their rights in the event of any violation of this Agreement.
   
   D. Restrictions on Use of Content and Services
   You may not use the Content and Services for any purpose other than the permitted access to Services and your Subscriptions, and to make personal, non-commercial use of your Subscriptions, except as otherwise permitted by this Agreement or applicable Subscription Terms. Except as otherwise permitted under this Agreement (including any Subscription Terms or Rules of Use), or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distributes, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Content and Services or any software accessed via Services without the prior consent, in writing, of the Company.
   
   You are entitled to use the Content and Services for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Content and Services to other parties in any way, nor to rent, lease or license the Content and Services to others without the prior written consent of the Company, except to the extent expressly permitted elsewhere in this Agreement (including any Subscription Terms or Rules of Use); (ii) host or provide services for the Content and Services or emulate or redirect the communication protocols used by the Company in any network feature of the Content and Services, through protocol emulation, tunnelling, modifying or adding components to the Content and Services, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network over the Internet, network utilizing commercial or non-commercial networks or as part of the content aggregation networks, websites or services, without the prior written consent of the Company; or (iii) exploit the Content and Services or any of its parts for any commercial purpose, except as expressly permitted elsewhere in this Agreement (including any Subscription Terms).
   
   
    

3. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
   
   You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorised to immediately invoice your Account for all fees and charges due and payable to the Company hereunder, (ii) the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g. credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorisations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the paid-for services.
   
   A. Payment Authorization
   When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any Subscription, Product or other fees incurred by you. The Company may require you to provide your address or other information in order to meet their obligations under applicable tax law.
   
   If your use of Services is subject to any type of use or sales tax or VAT, then the Company may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.
   
   You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, the Company may terminate your access to your Account.
   
   B. Responsibility for Charges Associated With Your Account
   As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Company reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Company will allow you to register again.
   
   C. Free Subscriptions
   In some cases, the Company may offer a free Subscription to certain services, software and content. As with all Subscriptions, you are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using Services, even when the Company offers a free Subscription.
   
   D. Third Party Sites
   Services may provide links to other third party sites. Some of theses sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to the Company. Services may also provide access to third-party vendors, who provide content, goods and/or services on Services or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. The Company makes no representations or warranties, either express or implied, regarding any third party site. In particular, the Company makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.