TERMS OF USE

TERMS AND CONDITIONS OF USE

These terms and conditions apply between you, the User of this Website, and Smileworks, the owner(s) of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

DEFINITIONS AND INTERPRETATION

In these terms and conditions, the following definitions are used:

Content

any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Smileworks we or our

the owner and operator of the Website known as Smileworks, as identified at the end of these terms and conditions;

Service

collectively any online facilities, tools, services or information that Smileworks makes available through the Website either now or in the future;

System

any online communications infrastructure that Smileworks makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, and email links;

 

User/Users or you

any third party that accesses the Website and is not either (i) employed by Smileworks and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Smileworks and accessing the Website in connection with the provision of such services; and

  • In these terms and conditions, unless the context requires a different interpretation:
  • the singular includes the plural and vice versa;
  • references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
  • a reference to a person includes firms, companies, government entities, trusts, and partnerships;
  • ‘including’ is understood to mean ‘including without limitation';
  • reference to any statutory provision includes any modification or amendment of it;
  • the headings and sub-headings do not form part of these terms and conditions.

 

INTELLECTUAL PROPERTY AND ACCEPTABLE USE

All Content included on the Website, unless uploaded by Users, is the property of Smileworks, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Smileworks.

You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.

You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Smileworks for all claims resulting from Content you supply.

PROHIBITED USE

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

REGISTRATION

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect your statutory rights.

PASSWORD AND SECURITY

When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.

If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

LINKS TO OTHER WEBSITES

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Smileworks or that of our affiliates.

We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

PRIVACY POLICY

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. Proceed to our Privacy Policy page to view our Privacy Policy.

AVAILABILITY OF THE WEBSITE AND DISCLAIMERS

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Smileworks is under no obligation to update information on the Website.

Whilst Smileworks uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Smileworks accepts no liability for any disruption or non-availability of the Website.

Smileworks reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

LIMITATION OF LIABILITY

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, Smileworks accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

GENERAL

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

These terms and conditions will be governed by and interpreted according to Singapore law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the Singapore courts.

OUR DETAILS

Smileworks operates the Website www.Smileworks.sg. Smileworks is a company incorporated in Singapore with registered number <Company Registered Number> whose registered address is <Address>.

You can contact Smileworks by sending an email to <smile@smileworks.com.sg>.