Draft Without Prejudice
Welcome to www.flashorthodontics.in (hereinafter referred to as the “Website”), a website owned by 3D Future Technologies Private Limited, a company incorporated as per the Companies Act, 2013, having CIN U74999MH2015PTC261114 and having its registered address at Floor-G-5, Plot-6, Ador House, Kakushroo Dubash Marg, Kala Ghoda, Fort, Mumbai 400 001 (hereinafter referred to as “We” or “Our” or “Us”)
By accessing the Website from any computer, computer device, mobile, smartphone or any electronic device, you (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”).
1.2 You consent to have these Terms and all notices provided to You in electronic form.
1.4 The Website is for Your personal and non-commercial use only.
2.1 The minimum age to use the Website is 18 (eighteen) years. By using the Website and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where You access the Website.
2.2 By using the Website, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3.1 The Website is for information purposely only.
3.2 The Website may offer You with a facility whereby You can enter a postal/zip code to find a list of Our certified orthodontists near such postal/zip code. In case there is no certified orthodontist near such postal/zip code, You can fill up a form on the Website with your preferred postal/zip code and other details and one of Our representatives will contact You subsequently regarding Your request.
3.4 By agreeing to these Terms, You grant Us the permission to send electronic communications to You. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us and Our partners. Should You no longer wish to receive such electronic communications, You may write to Us at email@example.com
4.1 These Terms will remain in full force and effect every time You use the Website or any part thereof.
5.1 You confirm and agree that We are the owner of the Website as well as of all the proprietary information available on the Website and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
5.2 You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce or exploit in any way, and whether partly or fully, any (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the Website without first obtaining Our prior written consent.
5.3 All information, text, audio, video, graphics, charts, photographs, icons, and the design and arrangement of all content on the Website are copyrightable/copyrighted and belong to Us, unless otherwise stated. The distinctive and original layout and presentation of the Website constitutes Our copyright. In addition, the Website may also contain references to third-party trademarks and copyrights, which are the property of their respective owners. Any unauthorized use of any intellectual property belonging to Us or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
5.4 The trademarks – , and FLASH ORTHODONTICS – are the trademarks belonging to Us and We expressly reserve all rights, including all intellectual property rights, relating thereto. All trademarks owned by parties other than Us are the property of their respective owners and may not be used without their permission and are protected by applicable intellectual property laws.
6.2 Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; or (iii) for protecting or defending Ours, any Website user’s or any third party’s rights or property. You acknowledge and understand the provisions of this Clause 6.2 and grant Us an unconditional, perpetual right and permission to make such disclosure.
6.3 By using the Website, You hereby permit Us to use the information You provide Us, to improve the Website and its functionality as well as for promotional purposes, including the permission to publish Your non-personal information in any of Our partner websites.
6.4 You represent and warrant that all information and content that You provide Us will be accurate. We assume no responsibility or liability for any deletion of or failure to store any of Your content provided to Us.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website. Any access or usage by You of the Website shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
8.1 To the maximum extent permitted by applicable law, We have provided the Website on “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the Website or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or treatment or outcome or non-infringement. We do not warrant that the use of the Website will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the Website will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the Website at all times and the results of the use of the Website.
8.2 Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not (i) guarantee the accuracy, completeness or usefulness of any information provided on the Website, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party.
8.3 From time to time, We may offer new features or tools which Our Website users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
8.4 We accept no responsibility for any damage, loss, liability, injury or disappointment incurred or suffered by You as a result of the Website or any content therein or from any product or service availed from the Website.
9.1 The information provided by Us on the Website that relates to dental, medical and health conditions or issues, or the products, services and treatments related thereto, is for purely informational purposes only. Any of such information should not be treated or considered as any professional or medical advice or diagnosis, and should not be used as or considered a replacement for any professional or medical consultation, advice or diagnosis or treatment.
9.2 You should not use the information contained herein for diagnosing a health problem or disease. You should always consult Your own dental and medical advisors.
To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to (i) the use or inability to use the Website, (ii) any result/outcome from availing any products/services through the Website, (iii) any loss or corruption of data or programs, service interruptions and procurement of substitute services, even if We know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
You agree to indemnify, defend and hold Us harmless, as well as Our affiliates, subsidiaries and parent/holding companies, and each of their respective officers, directors, employees, agents, consultants, partner websites and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the Website, including but not limited to Your use of any material, information or data downloaded or otherwise obtained from the Website or Your violation of these Terms, including without limitation, Your infringement of any intellectual property or other right of Ours or any other person or entity or any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
12.1 Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the Website once the revisions have been posted onto the same. You should therefore check the Website from time to time to review the current Terms as applicable to You.
12.2 Survival: Termination or suspension of Your Website account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
12.3 Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. You irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
12.4 Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
12.5 Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
Last Updated on: 1st July, 2016