The terms and conditions regarding using 1smileatatime website (www.1smileatatime.com) are mentioned below.
These Terms and Conditions of Service (“Terms and Conditions”) govern your use of this website and the services provided through this site (the “Services”). You should carefully read these Terms and Conditions before using the site or the Services. By using the site or the Services, you agree to be bound by our Terms and Conditions. This is a legally binding agreement. If you do not agree with the Terms and conditions, you should not use the site or the Services.
1smileatatime makes every effort to ensure that the content of the website is accurate and up-to-date, but 1smileatatime does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the website. 1smileatatime may remove material from the Website at its own discretion and without giving any notice.
1smileatatime holds the discretion to modify the users’ terms and conditions if need be from time to time. These Terms and Conditions were last updated on Jan 1st 2017.
This is an agreement between 1smileatatime and the user/visitor to the website. This Agreement governs the use of 1smileatatime web site, which includes contents like text, information, images as well as all services available to the users through the same.
1smileatatime maintains this site for your personal information, education and communication. Please feel free to browse our site. All materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks, are the sole property of 1smileatatime or its licensors. The materials on this site are protected by Indian and international laws of copyright, trademark and unfair competition.
Personal Information of User
Personal Information is defined as any information the user provides us. The user is solely responsible for such personal information, and we act as a passive conduit for receiving and processing your requests based on the user’s personal information.
With respect to Personal Information (or any items listed therein):
(1) shall not be false, inaccurate or misleading; fraudulent; defamatory, unlawfully threatening or unlawfully harassing; shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(2) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(3) shall not contain any viruses, Trojan horses, worms etc. or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(4) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Providers) or other suppliers.
Rights & Privileges of use of the user’s Personal Information
The site & certain services will be accessible to users of the website as identified in the Registration Forms or relevant sections. All user information provided to us, including without limitation the information on the Registration Forms, must be current, accurate, and complete. If we at any time discover any error or omission in the information you provide to us, we may, at our option, terminate the right to access and use the site by any user. The user is responsible for the acts or omissions by the use of the site, and for any damages incurred by the user as a result thereof.
You as the user and 1smileatatime are independent contractors, and no agency, partnership, joint venture, employee-employer, franchiser-franchisee or other business relationship is intended or created by this Agreement.
1smileatatime owns all worldwide rights, titles and interests in and to the site. You may create a bookmark in your browser to the home page of our website. Otherwise, you may not create a link to the site without our prior written approval. All rights not expressly granted in this Agreement are reserved to us. No other rights or licenses, whether express, implied, or otherwise are conveyed or intended by this Agreement. To facilitate your access to and use of our site or portions thereof, we may make certain software available to you. The terms of your use of such software will be stated separately in a license agreement that will be included with the software. You agree to only use such software in a manner permitted pursuant to such license agreements.
Damage to Website Content
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of 1smileatatime website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to 1smileatatime by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior expressed written permission of 1smileatatime or the appropriate third party.
Breach of Agreement
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership/subscription and refuse to provide our services to the user:
(a) if the user breaches this Agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information the user provides to us; or
(c) if we believe that the user’s actions may cause legal liability for you, our users or us.
Termination of Agreement
Your right to access and use the site immediately terminates without further notice upon the user’s breach of this Agreement. We may terminate this Agreement and/or the user’s right to use the site at any time, with or without cause. We reserve the right to discontinue or make changes to the site at any time.
Privacy of Members
1smileatatime is dedicated to protecting the privacy of its users.
Warranty of Services
We and our partners provide 1smileatatime website and services “AS IS” and without any warranty or condition, express, implied or statutory. We and our associates specifically disclaim any implied warranties of with respect to any product or service.
Limit of Liability & Exclusion of Damages
1smileatatime will not be responsible or liable to any user of the website or its services for any direct, compensatory, indirect, incidental, consequential, special, and exemplary or punitive damages for any reason such as use of content, services, errors, inaccuracies, omissions, defects, untimeliness, security breaches or any other causes.
The user has to agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys arising from or incurred as a result of, or in any manner related to
(1) the user’s breach of the terms of this Agreement,
(2) the user’s unauthorized or unlawful use of the site, and
(3) the unauthorized or unlawful use of the site by any other person using the user’s identity.
Any controversy or claim arising out of or relating to this agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules applicable to Mumbai, India. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted at Mumbai, India and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either the user or 1smileatatime may seek any interim or preliminary relief from a court of competent jurisdiction at Mumbai, India necessary to protect the rights or property of the user or 1smileatatime pending the completion of arbitration.
General Terms & Conditions
1smileatatime does not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by the user or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.