In these Terms, “Content” includes information, data, text, messages, software, images, video, audio or other multimedia content or other content.
2 Restrictions on Use
As a condition of your use of the Service, you agree:
We reserve the right to prevent or suspend your access to the Service if you do not comply with any part of these Terms or any applicable law.
A dentist or dental clinic may create one account for each office through which they provide dental services. By creating an account, you agree:
(a) that you are solely responsible for keeping your password and other account details confidential and that you are solely responsible for all costs and expenses you may incur in relation to your use of the Service;
(b) to provide true, accurate, and complete information on your profile or otherwise submit to the Service and to update your information to maintain its truthfulness, accuracy, and completeness;
(c) not to register for more than one account for each office without the express written permission from us;
(d) that we will not and are under no obligation to monitor, censor, investigate or verify any reviews submitted by users of the Service.
4 Payments, Refunds and Cancellations
If you purchase a subscription, you will be charged for your subscription monthly, on the first date of your monthly billing cycle and, thereafter, on the same date of each subsequent month. All charges are final and non-refundable.
All subscription fees are exclusive of applicable taxes, which you agree to pay based on applicable laws.
The minimum subscription term for all paid subscriptions is six (6) months (the “Minimum Term”). If you downgrade to a free subscription or cancel your subscription prior to the end of the Minimum Term, you will be charged for the period remaining on the Minimum Term. After the expiry of the Minimum Term, if you downgrade or cancel your subscription, you will not be charged for the next monthly billing cycle. Subscription changes may result in loss of access to Content or features.
All prices are subject to change upon notice. Such notice may be provided by an e-mail message to you or in the form of an announcement on the Service.
5 Ownership, use and intellectual property rights
All intellectual property rights in the Service (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade-marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Service and in particular in any digital rights or other security technology embedded or contained within any Content.
The use or misuse of any trade-marks or any other Content on the Service except as provided in these Terms is strictly prohibited. Nothing contained on the Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade-mark without our prior written permission.
6 Submitting information to the Service
Where our Service enables you to communicate with us and/or other users of the Service, you may not use the Service to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Service into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Service from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Service nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
7 Accuracy of information and availability of the Service
While we use reasonable efforts to include accurate and up-to-date information on the Service, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Service is at your own risk and we may suspend or terminate operation of the Service at any time at our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Service is provided for your general information purposes only. It does not constitute medical, technical or any other type of advice and should not be relied on for any purpose.
While we make commercially reasonable efforts to ensure that the Service is available, we do not represent, warrant or guarantee in any way the Service’s continued availability at all times or uninterrupted use by you of the Service.
8 Links and third party sites
The Service may contain links or references to third party websites. Any such links or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any link and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms of that third party site.
9 Warranties and limitation of liability
You agree that your use of the Service is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Service, including without limitation as to completeness, accuracy and currency or any Content on the Service, or as to satisfactory quality, or fitness for a particular purpose.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Service for any reason, and any representation or statement made on the Service.
We will not be liable for any loss or damage arising out of or in connection with your use of the Service, for example if you lose revenue, salary, profits or reputation as a result of your use of the Service and/or the acts or omissions of any third party such as other users of the Service or any other indirect or consequential loss or damage you may incur in relation to the Service and its Content.
If, notwithstanding the previous provision, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service (including the use of any Content) exceed the greater of the total amounts you paid to us in the 12 months prior to the action giving rise to liability, and (b) One Hundred Canadian Dollars ($100.00 CAD).
Any exclusions and limitations of liability in these Terms shall be subject to applicable law.
You agree at all times to indemnify, defend and hold us harmless and our agents, suppliers, affiliates and their respective officers, directors, employees and agents against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of your use of the Service; any alleged violation by you of these Terms; or any alleged violation of any applicable law or regulation.
11 Dispute Resolution and Arbitration
All disputes, claims or controversies arising out of or relating to these Terms, the Service or the relationship between you and GDC (“Disputes”) shall be determined exclusively by binding arbitration. However, you and GDC must first attempt to resolve any dispute informally for at least 30 days before initiating arbitration. If you and GDC cannot resolve a dispute informally, you and GDC may elect to have the dispute finally and exclusively resolved by binding arbitration.
These Terms are dated as of the “Last Updated” date set out above. No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. We will notify you by posting the updated Terms on our Service and revising the “Last Updated” date above. By continuing to use and access the Service following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at firstname.lastname@example.org and all notices from us to you will be displayed on our website from to time.
If any part of these Terms is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.