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Terms and Conditions

The given terms and conditions (“Terms of Use”) establish a legally binding agreement between the Customer and Ardentous Technologies Private Limited (“The Company”), a private limited Company registered under Companies Act, 2013, owning, running and operating the website: www.dental-stack.com /Application: Dental Stack (“Platform/Website). Any reference in the form of “we”, “us” and “our” would hereinafter refer to the Company. Any user of the Service shall be termed as the “Customer”, any reference to “You”, “Their”, “Them” shall hereinafter refer to the Customer.

DEFINITIONS

“Application” means and includes the web and mobile application of the Company, that can be installed/downloaded from different play stores including but not limited to Google and Apple play stores.

“Customers” For the purposes of these terms of use, those users who track their treatment through the Platform/Website either by self-tracking or by using/inviting their doctors to the Platform/Website, shall be termed as Customers.

“Service” includes inter alia services including but not limited to self-tracking of dental treatment, connecting doctors and patients, enabling doctors to track how the patients are implementing the treatment and tracking usage of medical devices.

“Personal Data” includes any personally identifiable data which the Customer shares in order to use the Service provided by the Platform/Website. This includes but is not limited to name, e-mail address and contact details.

SCOPE AND APPLICBILITY

These Terms of Use apply to you if:

1. You register Yourself on the Platform/Website.

2. access the Platform/Website and/or use the Services offered by such Platform/Website.

3. are above the age of 18 years.

4. If below the age of 18 years, Your parent/guardian has entered into this Agreement on your behalf

The Company grants to the Customer a limited, non-transferable, non-exclusive, revocable and limited right to access and use the Services being provided on the Platform/Website owned and operated by the Company.

The Services may change from time to time at the sole discretion of the Company. Any such change shall be updated and reflected in these Terms of Use. You agree to review these Terms of Use periodically and make yourself aware of any change in Services that may occur. You shall not hold the Company responsible for any such change.

OUR SERVICES

You can track Your treatment through the following available options, that may be updated from time to time:

1. Self-Tracking: You can choose to not associate with and/or invite any treating doctor, but track Your treatment on Your own using the Platform/Website.

2. Admin mapping: The medical institution/organisation where you are being treated may add you to the Platform/Website, subject to the consent granted by You to such institution/organisation and connect You to Your relevant doctor on the Platform/Website or the doctor may connect with You on the Platform/Website, post You being added to the Platform/Website.

3. Associate with/Invite a treating doctor: You may choose to invite the doctor who is currently treating You and track Your treatment under a doctor’s supervision, through the Platform/Website.

4. Doctor Invitation: Your current doctor may also invite You to the Platform/Website.

5. Tracking through hardware: We also provide a hardware that helps in tracking the treatment. You may choose to order this hardware through the Platform/Website, online marketplaces such as Amazon, authorized resellers/distributors and/or through Your treating doctors.

You can choose either one or multiple of the aforementioned options to track Your treatment.

Additionally, We also provide services through Our third-party partners including but not limited to dental companies, dental labs and practice management platforms or any other dental platforms.

OUR PRODUCTS

In addition to the Services as outlined above, we may also provide certain products from time to time. You may order these products through the Platform/Website or through Our authorised resellers, online marketplaces such as Amazon or through the doctors You have accessed through the Platform.

The usage of the products shall be governed by the End User Licensing Agreement, affixed to/contained in such products.

CANCELLATIONS, RETURNS AND REFUNDS

You are not allowed to cancel the order for products ordered through the Platform/Website, after they have been dispatched for delivery. In the event, the product delivered to You is defective in nature, You may raise a request for replacement of the product by sending an email at: info@dental-stack.com , within seven (7) business days of receiving the order. Any replacement requests raised post the timeline as mentioned in this provision, shall not be entertained.

You cannot cancel a paid subscription, once, you have purchased the subscription. Paid subscriptions are non-refundable in nature.

In the event, You order products through a third-party marketplace such as Amazon, their policies shall be applicable on Your order.

RESTRICTIONS ON USING THE SERVICES

The Customer while using the Services shall adhere to the following guidelines:

The Customer shall not:

1. Use the Services in such a manner that it violates the Intellectual Property or other proprietary rights of the Company or any third-party.

2. Transmit viruses, malicious content or any other harmful content on the Platform/Website.

3. Breach any applicable law while using the Services.

4. Reproduce, re-engineer, copy, re-publish, modify or tamper in any way the Platform/Website.

5. Grant unauthorised access to any third-party.

6. Copy or re-use the Company’s logo, trademark or other Intellectual Property, either commercially or non-commercially, without prior written authorization by the Company.

7. Collect, track or disclose the personal information of others.

8. Submit false or misleading information.

9. Misuse the Services or attempt to interfere with the proper functioning of the Platform/Website in any manner not covered above.

10. Use the Services in an illegal, improper or offensive manner.

11. Use the Services or the Platform/Website in in a fraudulent manner.

IF THE CUSTOMER IS FOUND IN VIOLATION OF THE USAGE OF THE SERVICES OR THE PLATFORM/WEBSITE, THE COMPANY AT ITS SOLE DISCRETION RESERVES THE RIGHT TO DISCONTINUE THE SERVICES AND PROHIBIT THE CUSTOMER FROM USING THE PLATFORM/WEBSITE AND/ OR THE SERVICES.

ACCOUNTS AND PASSWORDS

You would need to create an account and register with the Platform/Website, before you can start using the Services. You may sign in using any of Your social media accounts and/or Your existing email address such as Gmail. A unique identification number will be generated upon Your sign-in.

You acknowledge and agree that the safety of Your account is important for the Platform/Website to run smoothly and hence, You shall not share the account details or the password with any unauthorised person. If we detect any suspicious activity through Your account, we shall at our sole discretion, suspend or terminate Your account with immediate effect.

You shall be solely and exclusively responsible for any activity in or through Your account. We shall not be responsible for any illegal, unlawful or improper activity being carried on through Your account.

SUBSCRIPTIONS

The Subscription to the Platform/Website, is free of cost, however, You may be charged a fee by the doctor who is tracking Your treatment through the Platform/Website.

Additionally, You may be charged for any product that is sold to You through the Platform/Website either directly or through the doctors tracking Your treatment on the Platform/Website.

Taxes

Any tax liability or compliance requirement that may arise from Your usage of the Platform/Website shall be Your sole and exclusive liability.

PERSONAL DATA

You agree that in pursuance of Your usage of Services on the Platform/Website, you may be required to share certain Personal Data. You further agree, that it is essential for the purposes of proper and effective functioning of the Platform/Website and the Services that such Personal Data may be collected. You give your free, fair and informed consent to the following:

1. The data being collected by the Company.

2. The purpose for which the data is being collected.

3. The entities which may process the data.

You further agree, that the Company shall not be responsible or liable for the authenticity or genuineness of the Personal Data which you may have provided. If any erroneous or misleading information has been provided by You to the Company, the Company reserves the right, in its sole discretion to immediately terminate your Service Account.

Any and all personal data collected by the Company shall be governed by the privacy policy of the Company that is displayed on the Platform/Website. Your access and usage of the Platform/Website deems Your consent to the privacy policy.

INTELLECTUAL PROPERTY

You agree that any services offered, software used, content posted or made available or any other such functionalities which may be connected or associated with the Platform/Website or the Services are the intellectual property of the Company. You agree to keep all information pertaining to these confidential at all times. You further agree that you shall not modify, re-sell, reuse, license out, distribute or use the intellectual property of the Company in any unauthorized manner. Any use of the intellectual property of the Company shall be made only upon an express written authorization and consent of the Company. Any violation of this Clause shall be considered to be a breach of these Terms of Use and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights.

INTERACTION WITH DOCTORS AND/OR DENTAL COMPANIES

You acknowledge and agree that the doctors and/or dental companies offering their services on the Platform/Website are not employees, agents, consultants of the Company, but are independent professionals and entities and the Company is not responsible or liable for their conducts or omissions.

For dental treatments, You shall enter into an independent treatment contract with the treating doctor in each case. The treating doctor may be an external partner or the customers may invite their doctors under whom they are ongoing treatment on the platform and remain connected with them.

We act as an intermediary in permitting the Customer to contact the doctor (via email, telephone, chats and/or other video conferencing technologies during normal business hours) to track the progress of the treatment.

The Company shall not be held liable for any act or omission of the doctors and/or dental companies.

The treatment being provided and the fees being charged by the doctors are external to the Platform/Website. The Platform/Website is merely a facilitator that enables the doctors and their patients to remain connected with each other and has no involvement in the manner in which services being provided.

In communicating with the doctor through the Platform/Website, You consent to the following:

1. Voluntary consent for the provision of all the data you provide to the doctor through the Platform.

2. Exhibit a polite conduct and not harass the doctors at improper times.

3. Not share unauthorized information about any third-party or patient.

4. Not engage in any illegal or unlawful conduct.

5. In the event you share any images of the body parts being treated, You agree that You have voluntarily consented to the sharing of such images.

TRADEMARKS

You agree that all the trademarks, logos and service marks displayed on the Platform/Website are the property of the Company. Any unauthorized use of the same shall be treated as infringement or passing off. Nothing on the Platform/Website shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to any individual to use any trademarks belonging to the Company.

COPYRIGHT NOTICE

Subject to any third-party licenses, all content published or displayed on the Platform/Website and the materials downloaded from the Platform/Website is either a) the sole copyright of the Company or b) A shared copyright between the Company and a third-party or c) An exclusive copyright of a third-party. You agree that any form of copying, distribution or using for any other purpose of such content without an express written permission of the Company shall be treated as copyright infringement.

THIRD PARTY SERVICE PROVIDERS

In order to provide Services in the best possible manner, We may use certain third-party service providers and/or third-party tools. You agree to the usage of third-party service providers for the provision of Services. As we depend upon third-party service providers, We cannot guarantee the uninterrupted and error-free running of the Platform/Website at all times. You acknowledge and consent to this limitation and agree to not hold the Company liable for the consequences that arise out of the conduct/services of the third-party service providers or third-party tools.

THIRD PARTY LINKS

We may place third-party links on the Platform/Website. Please note that such third-party links are not under the ownership, control, supervision or moderation of the Company. Any objectionable content or information which you may access as a result of your clicking a third-party link shall not be the responsibility of the Company and the Company shall not be liable for the same. You agree that you shall access these third-party links completely, exclusively and solely at your own risk and shall not hold the Company liable at any point of time for any harm suffered or any violation of a legal right which may be the result of accessing or using such links.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company and any of its affiliates, contractors, professionals and consultants (“The Indemnified Party) from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, legal expenses) arising out of Your a) Breach of any applicable law b) posting of any unlawful or prohibited content c) Illegal or prohibited use of the Platform/Website d) breach of any intellectual property or confidentiality obligations e) Any third party claims brought against the Company, arising out of your use of the Platform/Website.

You agree that the Indemnified Parties can at any point of time, even after the expiration or termination of your Service Account with the Company can claim indemnity from you for the aforementioned purposes. This Clause shall survive beyond the application of these Terms of Use to the Customer.

You also agree to immediately notify the Company, in the event any third-party has initiated any legal proceeding against You, in connection with your use of the Platform/Website.

LIMITATION OF LIABILITY

You agree that the Company shall not be liable for any direct, indirect, consequential or remote damages in connection with these Terms of Use. The Company shall also not be liable for any damages that may arise as a result of Your misuse of the Platform/Website or Services or your breach of the obligations of these Terms of Use. You acknowledge and agree that the Company shall not be held liable for any damages, losses, or any other kind of liability arising out of or in connection with these Terms of Use.

DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL USE THE PLATFORM/WEBSITE AT YOUR SOLE RISK. ALL CONTENT AND SERVICES WHICH YOU ACCESS AND USE ARE SOLELY ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY POSITIVE REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OFFERED. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES OFFERED WILL BE ERROR-FREE OR UNINTERRUPTED. YOU AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM/WEBSITE IS DONE AT YOUR OWN DISCRETION AND SOLELY AT YOUR OWN RISK. YOU FURTHER AGREE THAT 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. THE COMPANY DOES NOT PROVIDE ANY WARRRANTY EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT.

NO MEDICAL ADVICE

The Platform/Website and the Services offered therein, are mere facilitation services and the Company shall not be held liable for any medical advice that the Customer obtains from its doctor through the Platform/Website. We do not represent or warrant that the doctors You contact/associate with/invite on the Platform shall always render correct medical advice or will be suited to You.

We hereby expressly disclaim any and all liability arising from Your interaction with doctors on the Platform.

COMPLIANCE WITH APPLICABLE LAWS

You agree that Your usage of the Platform/Website and the Service, including but not limited to the content posted and the information supplied shall always be in compliance with the applicable laws. Any breach on your part of any applicable law regarding any matter or provision of these Terms of Use shall be construed as a material breach. The Company can then at its sole discretion initiate legal proceedings against You and automatically terminate your Account with immediate effect. You agree that any such breach of applicable law may cause the Company loss of reputation and hence, You agree to reimburse the Company in terms of monetary damages for any such loss.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

1. You shall use the Platform/Website only for lawful purposes.

2. You shall not upload any offensive, sexually explicit, political or illegal content through or on the Platform/Website

3. You shall at all times remain in compliance with all applicable laws.

4. You shall not infringe any copyrights, trademarks or other such intellectual property rights while using the Platform/Website.

Any misrepresentation or falsehood in the representations and warranties stated herein shall entitle the Company to terminate Your account and permanently bar Your access to the Platform/Website. In addition to the same, the Company may pursue any legal remedy it deems fit including but not limited to monetary damages.

WAIVER

You agree that no provision of these Terms of Use shall be deemed to be waived by the Company, until and unless the Company has expressly in writing consented to such waiver. Moreover, any such waiver by the Company shall not be construed as consent for any subsequent waiver.

SEVERABILITY

If any provision of these Terms of Use becomes invalid or unenforceable due the whatsoever reason, such invalidity or unenforceability shall not lead to the entire Terms of Use becoming unenforceable. The unenforceable or invalid portion shall be deemed to be severed from the Terms of Use without affecting the validity of the entire Terms of Use.

FORCE MAJEURE

You agree that You shall not hold the Company responsible or liable for any non-performance of any obligations under these Terms of Use including but not limited to the Services being offered, if such non-performance arises out of or in connection with the following events:

1. Floods, fire earthquakes or any natural disaster or acts of god.

2. Riots, war or any such act of violence.

3. Epidemics/Pandemics

4. Unprecedented technical errors including but not limited to network errors, unforeseen down time of the internet and power outages affecting internet services.

5. Any change in applicable laws.

6. Any other reason beyond the Company’s control.

You further agree, that You shall not hold the Company liable for any interruption arising out of the aforementioned events. The Company can its sole discretion, terminate the Terms of Use automatically and with immediate effect either temporarily or permanently, if such events continue beyond a certain period of time.

GOVERNING LAW AND JURISIDCTION

All matters, claims and any other such issues which may directly or indirectly arise from or in connection with this Terms of Use shall be governed under the laws of India irrespective of its conflict of laws rules applicable to contracts to be performed within India. The courts at Mumbai shall have the sole and exclusive jurisdiction to hear all matters, claims or any such issues which may directly or indirectly arise from or in connection with these Terms of Use. You agree that you shall not approach any other court except the Courts at Mumbai and a failure to do so shall be construed as a breach of these Terms of Use.

CHANGES TO THE TERMS OF USE

The Company may, at its sole and exclusive discretion, revise, modify or amend the information contained in these terms of use at any point of time. Any such revision, modification or amendment shall be effective immediately upon either posting or otherwise notifying you. You agree to keep yourself aware of any such changes.

QUESTIONS AND GRIEVANCES

If you have any queries regarding these Terms of Use, you may contact our customer service personnel at the following email address: info@dental-stack.com. The Company does not ensure but, our customer service personnel, shall try to the best of their capabilities to resolve your issue within 30 working days of your raising such an issue.