Terms And Conditions
We welcome you to www.Philigner.com, a website owned by PhiAligner Pvt. Ltd.
Here after, By accessing the Website from any computer, computerdevice, mobile, smartphone or any electronic device, you clearly agree to be bound to the below mentioned Terms and Conditions (hereinafter referred to as the "Terms").
If You use the Website, You are required to first carefully read and fully understand the mentioned Terms which shall be applicable when You view/access/use the Website. Please also carefully read and fully understand Our Privacy Policy which You can access at the link www.phialigner.com, which is incorporated in these Terms by reference.
If, for any reason, You do not agree to the mentioned Terms, Privacy Policy and/or any other Website guidelines and policies (guidelines and policies hereinafter collectively referred to as "Other Policies") as conveyed to You when You shall access the Website or benefit any product/service offered through the Website, or do not wish to be bound by them, kindly do not use the Website or avail any product/services offered through the Website by any means. By using the Website and/or benefitting any product/service through the Website, You have stated to Us that You have fully read, acknowledged and clearly understood as well as fully agreed, to be bound by the mentioned Terms, Privacy Policy and all Other Policies.
1) Use of The Website's Content:
By visiting and using the Website, You hereby unconditionally consent and accept that you are at least 18 years old. Further, you also represent to us that, if you are a minor in your state, you shall have consent from a parent or legal guardian to do so, and also that they carefully read and agreed to all these Terms and conditions mentioned here
Subject to these Terms of Use, we shall grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or any further distribution. By using the website, You agree not to reproduce, copy, sell, resell, duplicate or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. By using the website, You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, publish, distribute, transmit or create derivatives of any work material found on our website for any public or commercial purposes. You do not have the permission to modify any materials from this website in any way.
Except as clearly provided above, nothing contained in this website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Phialigners or any third party.
2) User Conduct:
You agree that you will use the website and the Services only for lawful purposes and you also acknowledge that if you fail to do so may subject you to civil and criminal liability. Your given right to use the Website and the Services is considered personal to you and you shall not authorize others to use the Website and the Services, and you are solely responsible for all the usage of the Website and the Services by you and by those allowed by to use, or provide access to, the Website and the Services.
If any Illegal and/or unauthorized uses of the website found, including efforts to collect usernames and/or email addresses of users by any electronic or other means for the purpose of unauthorized framing of or sending any unsolicited email and/or or linking to the Website, shall be strictly investigated and appropriate legal action will be taken for the same, which will also include without limitation, criminal, civil and injunctive redress.
At our sole discretion, we may terminate your access to the website and prosecute you to the fullest extent allowed by law if you:
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Post or transmit any content or material that is irrelevant to the subject matter of the website;
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Solicit the violation or violate any applicable local, state, national or international laws and regulations;
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Violate the rights of any third party, including but not limiting to the intellectual property rights, contractual rights, and publicity or privacy rights;
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Disrupt or interfere with the website, boards accessible through the website or the computer servers;
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Intentionally attain information on, modify files or obtain copies of, or other data or passwords without permission of other users; or harvest usernames, e-mail addresses or any other personal information for any purpose;
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Falsely state or impersonate any person, or otherwise misrepresent your alliance with a person or entity;
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Harass, stalk, defame, abuse, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or offensive language; or discuss or incite any illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
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Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is threatening, obscene, abusive, libelous or defamatory;
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Facilitate or engage in the transmission of any unsolicited mass mailing or spamming.
3) Disclaimer or Warranty and Limitation of Liability:
You accept that you are using the services and website at your own risk. The website, the website information and the services are provided "as is," and to the full extent permitted by applicable law, Phialigner, its affiliates and its third party service providers hereby clearly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, reliability or completeness, title, merchantability, non-infringement or fitness for a particular purpose, or any other warranty, guarantee, condition or representation, whether in writing, oral or in any electronic form.
Phialigner, its affiliates, and its third party service providers do not represent or justify that access to the site and its services will be uninterrupted or that there will be no errors, failures or omissions, or any loss or security breach of transmitted information, also that no viruses will be transmitted through access to or use of phialigner.com. Phialigner, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereafter, the sale or purchase of any merchandise ordered through the website, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or dependence on the services, the site information or materials available through third party sites linked to the site, irrespective of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Phialigner and any other party involved in producing, creating or distributing the website, and their officers, directors, subsidiaries, affiliates, agents, employees, successors, partner and assigns (the released parties) will not be responsible for any claims, demands and indirect, direct, special, incidental, consequential or exemplary damages, including but not limiting to damages for loss of profits, use, goodwill, data or any other intangible losses (even if Phialigner has informed of the possibility of these damages) resulting from your use of the website, website content and website services. At no time or circumstances will the released parties total liability of all kinds arising out of or related to your use of the website and website content (including but not limiting to any warranty claims), irrespective of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceeds the sum of Rs. 5000/-.
4) Medical Disclaimer:
All the information incorporated on this website, including information relating to any dental, orthodontic, medical and health conditions, treatments and products, is solely for informational purposes only. The information mentioned on the website should not be considered complete and is not intended to be used in place of a call, consultation or patient visit or advice of any dentist, orthodontist, or any medical professional, or any other information mentioned in or on any product packaging purchased or labels. Information obtained by using the website is not comprehensive and does not cover all orthodontic or dental procedures or treatments. The information mentioned on this website and any web link to other sites is only for informational purposes and does not intend to provide any medical advice for any specific medical condition you may have. This website by any means itself does not create a doctor/patient relationship.
5) Telemedicine Consent:
When you register in with us and avail the Company Services, we provide you with the option (under certain circumstances) prior to the treatment or during treatment to choose/opt for in-person consultation, consultation via video and telephone conferencing. On selecting the desired mode, you clearly acknowledge and understand that you have duly granted your express as well as implied concurrence in accordance with the consent form for providing the required information during these calls along with any impressions, scans, radiographs (x-rays) and photographs, as required on a case to case basis for diagnosis, treatment planning and progress tracking, to us.
6) Copyright/ Intellectual Property Infringement:
Phialigner respects the intellectual property rights of others, and requires you to do the same. It is the policy of Phialigner to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact Phialigner at the address below and provide the necessary information:
E-mail: support@phialigner.com
7) Indemnity:
You agree to indemnify and hold Phialigner, and the Released Parties, harmless from any costs, damages, expenses and liability, including reasonable attorney's fees, arising out of or related to your use of the website or its content, your violation of these Terms of Use, or your violation of any rights of any other person or entity.
8) Feedback and content submission:
Any information, comments, suggestions, feedback, submissions or materials you submit through or related to this website (here mentioned as "Submission") shall be considered non-confidential by us. You acknowledge that you are responsible for the Submissions that you provide, and that you are fully responsible for the Submissions, including their legality. By making a Submission, you accept you have the right to do so free of any claims from any third party, and accept to bear sole responsibility and liability for any claims related to such Submission. A user shall not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to Phialigner a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license:
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to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and resemblance of any person mentioned or included in such Submission in relation with any use of the Submission and in connection with any derivative works that may be created from the Submission in any software, media or technology of any kind now existing or developed in the future, including the advertising thereof;
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to publicly perform or display, broadcast, import, distribute, transmit (directly and indirectly through multiple tiers), license, offer to sell, and sell, lease, rent or lend copies of the Submission and derivative works thereof;
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to sublicense to third parties the preceding rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website in accordance with to these Terms of Use.
9) Modification and Termination of Website:
Phialigner reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Phialigner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Phialigner may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, Phialigner disclaims any responsibility to update, improve or change this website.
10) Other Websites and Resources:
Third parties using the website shall provide links or access to other websites and resources. Because Phialigner has no control over such sites and resources, you acknowledge and agree that Phialigner is not responsible for the availability of such sites or resources, and does not certify and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Phialigner 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 use of or depend on any such content, goods or websites available on or through any such site or resource.
11) SMS Terms & Conditions:
By providing your cell phone number, you have provided Phialigner with consent to send you text message alerts, notifications and reminders. By giving this consent, you are authorizing Phialigner to contact you using automatic texting systems, automatic telephone dialling systems and artificial or pre-recorded messages. By giving this consent, you have also represented that you are the owner or customary user of any cell phone number, which you have provided to us. In that case, your cellular providers Message & Data Rates May be Applied. We also hold the right to terminate our text message program at any time.
Kindly be aware that if you are having any problems receiving text messages or if you wish to stop this service at any time, you can do so by contacting us at support@phialigner.com or using the following number: 77000 04970
12) Notices:
Notices to you may be made via e-mail. Phialigner may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website
13) Legal Disputes:
These Terms of Use and your relationship with Phialigner shall be governed by the laws of India without regard to its conflict of law provisions. You and Phialigner agree to submit to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India.
14) Modification of Agreement:
We may revise these Terms of Use at any time by posting the revised terms on the website and you are responsible for regularly reviewing these Terms of Use. All modifications will automatically be effective 15 days after they are initially posted on the website. Your use of the website following the effective date of any modifications will constitute your mandatory acceptance of those amendments.
15) General:
These Terms of Use constitute the entire agreement between you and Phialigner with respect to the website and supersede all prior agreements and understandings between you and Phialigner. Phialigner's failure to enforce any provision of these Terms of Use will not be interpreted as a waiver of any provision or right. In the event that a portion of these Terms of Use is held unenforceable, the unenforceable portion will be interpreted in agreement with applicable law as nearly as possible to demonstrate the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.