Smile Academy - Terms and conditions
Article A – Generally Applicable Terms
1. Applicability of these Terms and Conditions
Smile Academy, an Australian limited liability company, ("Smile Academy") provides professional design services for dental prosthetics in various CAD systems, including but not limited to crowns, abutments, surgical guides, clear aligners, orthodontic appliances, dentures, partial frames, copings, frameworks, and other related dental prosthetic devices (collectively, the "Professional Services") and a website (www.smile-academy.com.au) and web-based platform for use in transmitting and communicating about such dental prosthetic designs (collectively, the website and web-based platform are referred to herein as the "Smile Academy Platform"). The Professional Services and use rights for the Smile Academy Platform are purchased from Smile Academy by a customer (the "Customer") for use by that Customer's authorized users (each a "User" and collectively, the "Users"). Users may or may not be employees of the Customer. For example, Users may include employees of the Customer, as well as non-employee dental labs, manufacturers and clinicians who have a relationship with the Customer.
The Smile Academy Terms & Conditions (the "Agreement") is a legally binding contract between Smile Academy and you, the prospective user or Customer. If you are a Customer, Articles A, B and C of this Agreement apply to you. If you are not a Customer, but a User, then only Articles A and B of this Agreement apply to you.
This Agreement is between you and Smile Academy.
The Professional Services and Smile Academy Platform are offered and available to users who are eighteen (18) years of age or older. By using the Professional Services or Smile Academy Platform you represent and warrant that you are of legal age to form a binding contract with Smile Academy.
Also, please note that we may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Professional Services or Smile Academy Platform thereafter. Your continued use of the Professional Services or Smile Academy Platform following the posting of changes means that you accept and agree to the changes. It is your responsibility to check this Agreement periodically for changes, as these changes are binding on you.
The material provided through our Professional Services and Smile Academy Platform is protected by law, including, but not limited to, Australian copyright law and international treaties. The Professional Services and Smile Academy Platform are controlled and operated by Smile Academy from its offices within Australia. Smile Academy makes no representation that materials in the Professional Services and Smile Academy Platform are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Professional Services and Smile Academy Platform from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
The Smile Academy Platform offers you an efficient means to bridge production gaps between laboratories, dental manufacturers and clinicians. Your use of the Smile Academy Platform and/or purchase of the Professional Services may include providing PHI, as such term is defined in the BAA. By using the Smile Academy Platform, you understand and acknowledge (i) Smile Academy is not providing medical care, dental care, or treatment-related advice to you, we are merely a professional design service; and (ii) that the Professional Services and use of the Smile Academy Platform are also governed by Smile Academy's Business Associate Agreement ("BAA"), as it may be modified over time.
3. Governing Law and Dispute Resolution
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of Australia (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Brisbane, Australia and the parties irrevocably waive any objection to such venue.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMILE ACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SMILE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROFESSIONAL SERVICES OR SMILE ACADEMY PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SMILE ACADEMY PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMILE ACADEMY PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PROFESSIONAL SERVICES OR SMILE ACADEMY PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ALSO AGREE THAT SMILE ACADEMY WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SMILE ACADEMY PLATFORM OR THE WEB SITE(S) YOU ACCESS THROUGH THE SMILE ACADEMY PLATFORM, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND ANY EVENTS BEYOND SMILE ACADEMY’S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SMILE ACADEMY'S MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, OR UNDER ANY OTHER FORM OF LIABILITY) FOR DAMAGES OR LOSS, HOWSOEVER ARISING OR CAUSED, SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID TO SMILE ACADEMY BY YOU IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING EVENTS FIRST GIVING RISE TO THE CLAIM.
In the event that any provision of this Agreement is unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not affect the other provisions of this Agreement and this Agreement shall be construed as if such unenforceable or invalid provision had never been contained herein.
Notices to Smile Academy shall be sent to PO Box 355, Lutwyche QLD 4030.
Smile Academy shall provide all notices to Users under this Agreement by email, although we may instead choose to provide notice via the Smile Academy Platform or your then-current postal address on file with Smile Academy. For purposes of messages and notices about the Smile Academy Platform applicable to all Users, Smile Academy may place a banner notice across the Smile Academy Platform to alert you. You also agree that Smile Academy may communicate with you through other means including email, mobile number, telephone, or delivery services including the postal service, about your account or services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Smile Academy Platform.
7. Entire Agreement.
You agree that this Agreement, including the documents incorporated herein by reference, constitutes the entire, complete and exclusive agreement between you and us regarding the Professional Services and Smile Academy Platform and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Except as set forth otherwise in this Agreement, this Agreement cannot be modified or amended except in a writing executed by both parties that specifically references this Agreement and states that it is to amend the Agreement.
8. No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. No representations, statements, consents, waivers or other acts or omissions by Smile Academy shall be deemed legally binding on Smile Academy, unless documented in a physical writing hand signed by a duly appointed officer of Smile Academy.
Article B – Terms for Use of the Smile Academy Platform.
9. Customer Users and Non-Customer Users.
The terms set forth in this Article B apply to all Users of the Smile Academy Platform, whether such User is a Customer of Smile Academy or not. Each User agrees to the terms in this Article B. In addition, each Customer is responsible for ensuring that all of such Customer's authorized Users comply with the terms of this Article B when using the Smile Academy Platform.
If you are a User that has been invited to use the Smile Academy Platform by one or more Customers, your user of the Smile Academy Platform is controlled by each Customer as to that Customer's accounts. The Customer who invited you to use the Smile Academy Platform has separately agreed to this Agreement, which permits that Customer to create and configure User accounts so that you and others may join as authorized Users. When a User, such as you, submits any content or information to the Smile Academy Platform ("Customer Data"), you acknowledge and agree that the Customer Data is owned by the Customer and the Customer has choices and control over that Customer Data. These choices and controls may result in the access, use, disclosure, modification or deletion of Customer Data submitted by you.
AS BETWEEN SMILE ACADEMY AND CUSTOMER, YOU AGREE THAT CUSTOMER IS SOLELY RESPONSIBLE TO (A) INFORM USERS OF ANY RELEVANT CUSTOMER POLICIES AND PRACTICES AND ANY SMILE ACADEMY PLATFORM SETTINGS THAT MAY IMPACT ON THE HANDLING OF CUSTOMER DATA; (B) OBTAIN ANY RIGHTS, PERMISSIONS, OR CONSENTS FROM USERS THAT ARE NECESSARY FOR THE LAWFUL USE OF CUSTOMER DATA AND THE OPERATION OF THE SMILE ACADEMY PLATFORM, AND (C) RESPOND TO AN RESOLVE ANY DISPUTE WITH A USER RELATED TO OR BASED ON CUSTOMER DATA, THE SMILE ACADEMY PLATFORM OR CUSTOMER'S FAILURE TO FULFILL THESE OBLIGATIONS.
10. Ownership and Proprietary Information
Other than Customer Data, the content and information on the Smile Academy Platform ("Smile Academy Content") is proprietary to Smile Academy or its licensors, suppliers, publishers, rights holders, or other content providers (collectively, and individually, "Smile Academy Content Providers"). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Smile Academy Content obtained from or through Smile Academy.
Subject to your compliance with this Agreement, as applicable, Smile Academy Content Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Smile Academy Content. This license does not include any resale or commercial use of any Smile Academy Content; any collection and use of any product listings, descriptions, or prices; any derivative use of any Smile Academy Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Smile Academy Content Providers.
11. Registration, Accounts, and Passwords
If you establish a personal account with us, you agree to provide true and accurate data about yourself on our account registration form, and to update and keep such data current. You will receive a password and account upon completing the registration process. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. Smile Academy cannot and will not be liable for any loss or damage arising from your failure to comply with these terms. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account each time you use the Smile Academy Platform. Access and use of password-protected and/or secure areas of the Smile Academy Platform is restricted to users who have been given a valid password by Smile Academy. We may terminate your membership and access to our Smile Academy Platform and to the Services if we learn that you have provided us with false or misleading registration data.
12. Mobile Terms
If you are receiving special offers from Smile Academy via email, SMS text message, or otherwise, you can unsubscribe via the links provided in the email at any time or by contacting us at or text instructions regarding opting out.
By opting to receive special offers from us, you consent to receiving, from time to time, text messages or emails which may include alerts, promotions, offers, polls, and giveaways. Message frequency varies based on user and other factors. Message and data rates may apply and, if so, are billed by and payable to your mobile service provider. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us and for other business purposes.
The Smile Academy Platform is provided to Users free of charge for as long as the Customer authorizing such User access is in good-standing with Smile Academy, including but not limited to that such Customer is current on all amounts owed Smile Academy for Professional Services purchased by the Customer.
14. Use Restrictions and Intellectual Property
The Smile Academy Platform may contain proprietary and copyright information, the terms of which must be observed and followed. Any unauthorized use of any Smile Academy Content contained on the Smile Academy Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on the Smile Academy Platform any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Smile Academy for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you or (in the case of a Customer) any of your Users.
The Smile Academy Content may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Smile Academy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Smile Academy without express written consent. You may not use any meta tags or any other "hidden text" utilizing Smile Academy’s name or trademarks without the express written consent of Smile Academy. You may not misuse Smile Academy Content. You may use Smile Academy Content only as permitted by law. The licenses granted herein terminate if you do not comply with this Agreement.
Information on the Smile Academy Platform may be changed or updated without notice. Smile Academy may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Information that Smile Academy publishes on the Smile Academy Platform may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Smile Academy intends to announce such products, programs or services in your country. Consult Smile Academy for information regarding the products, programs and services which may be available to you.
17. Disclaimer of warranties as to Smile Academy Platform
THE SMILE ACADEMY PLATFORM (INCLUDING ALL SMILE ACADEMY CONTENT) MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY SMILE ACADEMY ON AN "AS IS" BASIS ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMILE ACADEMY PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT. USE OF THE SMILE ACADEMY PLATFORM (INCLUDING ALL SMILE ACADEMY CONTENT) IS SOLELY AT YOUR RISK. SMILE ACADEMY MAKES NO WARRANTY THAT (i) THE SMILE ACADEMY PLATFORM WILL MEET YOUR REQUIREMENTS; (ii) THE SMILE ACADEMY PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SMILE ACADEMY PLATFORM WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SMILE ACADEMY PLATFORM WILL MEET YOUR EXPECTATIONS. SMILE ACADEMY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SMILE ACADEMY PLATFORM WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE PRIVACY ACT 1988.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SMILE ACADEMY PLATFORM, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. SMILE ACADEMY DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SMILE ACADEMY PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMILE ACADEMY OR THROUGH OR FROM THE SMILE ACADEMY PLATFORM SHALL CREATE ANY WARRANTY.
19. User Communications and Acceptable Uses
Smile Academy, at any time now or in the future, may allow you and other Users to use the Smile Academy Platform to communicate with each other. Such communication rights, if included by Smile Academy in the Smile Academy Platform, will be set and controlled by the Customer that authorized the Users' access.
To help ensure a safe and productive environment, all Users must comply with the following acceptable use standards when using the Smile Academy Platform, as well as promptly report any inappropriate behaviour or content to the appropriate Customer and Smile Academy.
i. Acceptable Uses. You agree to undertake the following:
a. Comply with all applicable laws and government regulations, including, without limitation, privacy laws, intellectual property laws, export control laws, labour and employment laws, tax laws, and regulatory requirements;
b. Upload and distribute only Customer Data to which Customer owns all required rights under law and under contractual and fiduciary relationships and do so only in compliance with all applicable laws and governmental regulations.
c. Provide accurate information and update it as necessary;
d. Use commercially reasonable efforts to prevent unauthorized access to our use of the Smile Academy Platform;
e. Protect passwords and access to sensitive personal information and other information that is confidential in nature;
f. Monitor and control activities conducted through your account;
g. Promptly notify Customer and Smile Academy of you are aware of or suspect any illegal or unauthorized activity or security breach, including any loss, theft or unauthorized disclosure or use of a user name or password;
h. Regularly review and comply with this Agreement
j. Review and comply with notices sent by Smile Academy concerning the Smile Academy Platform; and
k. Use the Smile Academy Platform in a professional manner.
ii. Unacceptable Uses. You agree not to do the following:
a. Publish or input inaccurate information;
b. Use or attempt to use another's account without authorization from Smile Academy, or create a false identity on Smile Academy;
c. Upload, post, transmit or otherwise make available any content that: (a) is unlawful, libellous, abusive, obscene, discriminatory or otherwise objectionable; (b) includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; (c) infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; or (d) contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Smile Academy or any User.
d. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Smile Academy Platform, or any part thereof.
e. Utilize or copy information, content or any data you view on and/or obtain from Smile Academy to provide any service that is competitive, in Smile Academy’s sole discretion, with Smile Academy;
f. Adapt, modify or create derivative works based on Smile Academy intellectual property or technology underlying the Smile Academy Platform;
g. Rent, lease, loan, trade, sell/re-sell access to the Smile Academy Platform or any information therein, or the equivalent, in whole or part;
h. Remove any copyright, trademark or other proprietary rights notices contained in or on the Smile Academy Platform;
i. Infringe or use Smile Academy’s brand, logos and/or trademarks, including, without limitation, using the words "Smile Academy" in any business name, email, or URL, except as expressly permitted by Smile Academy;
j. Access the Smile Academy Platform for purposes of monitoring Smile Academy’s availability, performance or functionality for any competitive purpose, including for purposes of building a similar or competitive product or service or to copy any ideas, features, functions or components of the Smile Academy Platform;
k. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of the Smile Academy Platform;
l. Attempt to or actually access the Smile Academy Platform by any means other than through the interfaces provided by Smile Academy;
m. Attempt to or actually override any security component included in or underlying the Smile Academy Platform;
n. use the Smile Academy Platform in violation of any law, including without limitation, Privacy Act 1988.
o. Use the Smile Academy Platform in a manner that may harm minors or that interacts with or targets people who are under the age of eighteen;
p. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Smile Academy’s infrastructure, including, but not limited to, attempting to gain unauthorized access to the Smile Academy Platform, or transmitting or activating computer viruses through or on the Smile Academy Platform;
q. Interfere with or disrupt Smile Academy or the Smile Academy Platform, including, but not limited to, any servers or networks connected to Smile Academy.
By posting any materials or other information on or through the Smile Academy Platform, except to the extent prohibit by law, including Privacy Act, you grant Smile Academy a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights. Smile Academy shall act in good faith to maintain all information provided by you through the Smile Academy Platform in accordance with Smile Academy's then-current data retention practices, but reserves the right to delete any information that Smile Academy believes in good faith to be creating an immediate risk of injury or harm to the Smile Academy Platform, Smile Academy, its Customers or other Users.
The Smile Academy Platform may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials, or the privacy practices related to such third parties.
20. Termination and Suspension
In its sole and absolute discretion, with or without notice to you, Smile Academy may suspend or terminate your use of and access to the Smile Academy Platform, terminate your account without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Smile Academy Platform with identical user identification, (ii) permitting another person or entity to use your user identification to access Smile Academy, (iii) any unauthorized access or use of Smile Academy, (iv) any suspected violation of this Agreement, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Smile Academy Platform, or (vi) failure to use the Smile Academy Platform on a regular basis. You may terminate your account for any reason by emailing Smile Academy at email@example.com. Smile Academy shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which Smile Academy may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to Smile Academy.
21. Copyright Regulations Act 1969.
In the event materials are made available to the Smile Academy Platform by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Smile Academy Platform. If you believe any materials on the Smile Academy Platform infringe a copyright, you should provide us with written notice that at a minimum contains:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
iv. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All Copyright Regulation Act notices should be sent to our designated agent as follows:
Attn: Chief Technical Officer, Smile Academy, PO Box 355, Lutwyche QLD 4030.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Article C – Terms for Use of the Smile Academy Professional Services
Customer is responsible for providing Smile Academy with all information, including digital scans & design instructions, as is necessary for Smile Academy to complete all Professional Services, including the design of such dental prosthetics. Smile Academy is not responsible for the accuracy or inaccuracy of any information received from Customer and its Users and transmitted to the laboratory, manufacturer or clinician (including if transmitted via the Smile Academy Platform). All dental prosthetics and any other Professional Services shall be completed from the information that Customer and its Users provide and Customer shall be solely responsible for the final quality control of both the design and manufactured dental prosthetics upon completion.
Payment of the Professional Services requested by Customer and provided by Smile Academy shall be paid via an authorized credit card provided by Customer or via EFT bank transfer. Accrued charges for Professional Services shall be paid within 7 days of delivered treatment plan.
The pricing of Smile Academy Professional Services is established in the Customer account wand is subject to change from time-to-time in Smile Academy's discretion. All pricing for Professional Services provided by Smile Academy is subject to federal, state or local taxes as maybe applicable.
25. Customer Responsibility for Finished Designs, Images and Products; Disclaimer of Warranties as to Professional Services
Customer is fully responsible for all Customer Data provided to Smile Academy, as well as for all finished designs, images or other information provided which Smile Academy will provide to the Customer and/or laboratory(ies), manufacturers or clinicians of the dental products. For the avoidance of any doubt, (a) if Customer is a prescribing clinician, Customer is responsible for viewing and approving the resulting designs from Smile Academy's Professional Services and (b) if Customer is not the prescribing clinician, Customer is responsible for ensuring that the resulting designs from Smile Academy's Professional Services meets the requirements of its clinician customer. Smile Academy makes no warranties or representations to Customer, its Users or any third party(ies) regarding the accuracy of any information provided to Smile Academy and the resulting designs produced by Smile Academy as part of its Professional Services, nor does Smile Academy make any warranties or representation as to the dental products produced therefrom. Smile Academy uses the Smile Academy Platform to transmit and deliver the finished designs to the integrated manufacturers, laboratories, and clinicians as a file transfer system.
Smile Academy does NOT agree to indemnify, defend or to hold Customer harmless against or from any claims, causes of action and/or damages to any third party(ies) resulting from or arising out of the use of Smile Academy’s Professional Services, the Smile Academy Platform or from any defect in any dental product manufactured or produced by any laboratory, manufacturer or clinician. Customer agrees to fully indemnify, defend and hold Smile Academy harmless from any and all claims, causes of actions or damages arising out of or otherwise resulting from any defect in any clear aligners devices produced or manufactured using Smile Academy’s Professional Services and/or the Smile Academy Platform, including but not limited to any claims of bodily injury, property damage or other form of injury resulting from said defect whether made by Customer's patients or otherwise.