Interpretation
Words whose initial letter is capitalized have the meanings indicated below. The following definitions have the same meaning regardless of whether they are used in the singular or plural.
Definition
For the purposes of these General Conditions:
- Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, units, or other securities entitled to vote for the election of directors or other governing body.
- Country: Spain
- The Company (referred to in this Agreement as the “Company,” “We,” “Us,” or “Our”) is a business of OnlySmile.
- Device: Any device that can access the Service, such as a computer, mobile phone, or digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred to as “Terms”) refer to these Terms, which constitute the entire agreement between you and the Company relating to your use of the Service.
- Third Party Social Media Service means any service or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through the Service.
- The website belongs to OnlySmile, available at osmile.es
- You are the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual accesses or uses the Service, as applicable.
Acknowledgments
These are the Terms and Conditions that govern your use of this Service, as well as the agreement between you and the Company. These Terms and Conditions define the rights and obligations of all users in connection with their use of the Service.
Your access to and use of the Service are conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Service.
You confirm that you are at least 18 years of age. The Company does not permit persons under the age of 18 to use the Service.
Your access to and use of the Service are also conditioned on your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures regarding the collection, use, and disclosure of your personal data when you use the App or Website, and informs you of your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Service.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Furthermore, you acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Limitation of liability
Notwithstanding any damages you may incur, the entire liability of the Company and its suppliers under any provision of these Terms and your exclusive remedy in connection with all of the foregoing shall be limited to the amount actually paid by you through the Service, or $100 if you have not purchased anything through the Service.
To the extent permitted by applicable law, under no circumstances shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy) arising out of or in any way related to the use of or inability to use the Service, third-party software, and/or third-party equipment used with the Service.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In such states, each party’s liability shall be limited to the maximum extent permitted by law.
Disclaimer “AS IS” and “AS AVAILABLE”.
The Service is provided to you “AS IS” and “AS AVAILABLE,” with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates, and on behalf of their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise from a course of dealing, performance, usage, or trade practice. Without limiting the foregoing, the Company does not warrant that the Service will meet your needs, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet performance or reliability standards, be error-free, or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of its suppliers make any representations or warranties of any kind, express or implied: (i) the operation or availability of the Service, the information, content, materials, or products included therein; (ii) the uninterrupted or error-free operation of the Service; (iii) the accuracy, reliability, or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content, or emails sent on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, defeaters, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory consumer rights, so some or all of the above exclusions and limitations may not apply to you. If this is the case, the exclusions and limitations set forth in this section will apply to the maximum extent permitted by applicable law.
Applicable legislation
These Terms and your use of the Service shall be governed by the laws of the country, excluding its conflict of law provisions. Your use of the Application may also be governed by other local, state, national, or international laws.
Dispute resolution
If you have any questions or disputes regarding the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.
For users in the European Union (EU)
If you are a consumer in the European Union, you will be subject to the mandatory provisions of the laws of the country in which you reside.
Compliance with US law
You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “state sponsor of terrorism,” and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
Divisibility and waiver of rights
Separability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the purposes of such provision to the greatest extent possible under applicable law, and the remaining provisions will remain in full force and effect.
Rejection
Except as otherwise provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation
These Terms may have been translated if we have made them available to you on our Service. You agree that the original English text will prevail in the event of a dispute.
Modifications to these General Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If the changes are material, we will make reasonable efforts to notify you at least 30 days before the new terms take effect. What constitutes a material change is determined at our sole discretion.
By continuing to access or use our Service after these changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please discontinue using the website and the Service.