Tasty Tech Ltd. (“Tasty Tech”, “we”, “us”, “our” and terms of similar meaning) provides the website located at www.smiledesignerpro.com (the “Site”) and our related online products and services, including our application (the “App”) (collectively, the “Services”) to you subject to these terms of service (these “Terms”). In these Terms we describe users of the Services, whether registered or not, as “you”, “your” or “User”.
Please read these Terms carefully before using the Services. By accessing, using or browsing the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.
Tasty Tech reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Services, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if any. If you do not agree with the changes, you can cancel your user account (“User Account”) with us without further obligation. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Services, and your continued use of the Services after such time will constitute your acceptance of such changes or modifications. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the bottom. If you do not agree to any amended Terms, you must stop using the Services. If you have any questions about the Terms, please email us at the contact address below.
The Services are for your own use only. You may not resell, lease or provide them in any other way to anyone else.
Please refer to the Tasty Tech Privacy Policy, available at http://www.smiledesignerpro.com/privacy (the “Privacy Policy”) for information on how Tasty Tech collects, uses and discloses personally identifiable information from Users of the Services, and which is expressly incorporated into these Terms. By using the Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
If you register for a User Account on the Services, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide via the Services, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide via the Services. Only one person may use a User Account; two or more people may not share a User Account.
Fees and any other charges for the use of the Services are described on the Services. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Services, as the case may be, after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
You may receive periodic emails from Tasty Tech if you opted to receive such email at the time of registration on the Services. If you would rather not receive email from us, please send an email to privacy@tastytech.ca and you will be unsubscribed from receiving further mailings. You may not opt out of emails required for the administration of your User Account.
You acknowledge and agree that Tasty Tech may modify the Terms as described herein, with or without notice, and you agree to familiarize yourself with any modifications. Modifications to the Terms will be available on the Site at http://www.smiledesignerpro.com/terms.
You may terminate your User Account at any time by logging in to your User Account and unsubscribing from the Services. Tasty Tech reserves the right to retain User Account information, including personal information of the Account Holder, for a reasonable period of time before deleting such information.
In the event that Tasty Tech has a reasonable belief that a User Account has been compromised, Tasty Tech reserves the right to suspend or block any pending activity on the User Account, and to disable or terminate that User Account, and Tasty Tech reserves the right to take appropriate administrative and/or legal action.
In these Terms, the content on the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”.
Other than the User Content, the Services and all Content available on the Services or used to create and operate the Services is the property of Tasty Tech or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services and the Content are expressly reserved.
Other than the User Content, the Services, the Tasty Tech and Smile Designer Pro logos and all other product or service names, slogans or logos displayed on the Services are registered and/or common law trademarks of Tasty Tech and/or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tasty Tech or the applicable trademark holder. In addition, the look and feel of the Services, including all page headers, button icons, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission of Tasty Tech. All other trademarks, company names, product names and logos mentioned on the Services are the property of their respective owners. Reference to any product, service, process or other information, by trade name, trademark, supplier, manufacturer or otherwise does not constitute or imply sponsorship, endorsement or recommendation thereof by Tasty Tech.
Any copying, posting, transmitting, distributing, linking, framing, deep linking, or otherwise modifying of the Services without the express written permission of Tasty Tech is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and /or criminal penalties.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to other people. You are solely responsible for maintaining copies of and replacing any User Content you post, store on, or upload via the Services.
Tasty Tech grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content you have purchased available to you on the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Services, or reproduce, distribute or display the Services or any Content (except for page caching) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services other than for their intended purpose.
You represent and warrant that your use of the Services will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
To request permission for uses of Content not included in this license, you may contact Tasty Tech at the address set out at the bottom of these Terms.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Tasty Tech or the Site or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use the Tasty Tech or Smile Designer Pro logo or other proprietary graphic of Tasty Tech to link to the Site without the express written permission of Tasty Tech. Further, you may not use, frame or utilize framing techniques to enclose any Tasty Tech or Tasty Tech trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Tasty Tech’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Tasty Tech or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Tasty Tech or any third party without the prior written permission of Tasty Tech or such other party that may own such patent, trademark, copyright or other proprietary right(s).
The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content or service provided there at your own risk. Tasty Tech does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Tasty Tech provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Tasty Tech's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Tasty Tech accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or websites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Tasty Tech may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Tasty Tech, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Tasty Tech is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
The Services are provided to you on an “as is” basis without warranties from Tasty Tech of any kind, either express or implied. Tasty Tech expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Tasty Tech does not represent or warrant that Content is accurate, complete, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Services or any portion thereof.
While Tasty Tech attempts to make your access to and use of the Services safe, Tasty Tech does not represent or warrant that the Services are free of viruses or other harmful components.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Service access may be interrupted, suspended or terminated. Tasty Tech retains the right at our sole discretion to deny service, or access to the Services to anyone or an account, at any time and for any reason.
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.
You waive and shall not assert any claims or allegations of any nature whatsoever against Tasty Tech, its respective affiliates or subsidiaries, sponsors, contractors, advertisers, vendors or other partners, any of its successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Services. You use the Services at your own risk.
Without limitation of the foregoing, neither Tasty Tech nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Services, including without limitation any damages caused by or resulting from your reliance on the Services or other information obtained from Tasty Tech or any other Released Party or accessible via the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Tasty Tech or any other Released Party's records, programs or services.
In no event shall the aggregate liability of Tasty Tech, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Services exceed any compensation paid by you for access to or use of the Services during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Tasty Tech and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Services and from the use of the Services by any person to whom you give access to your User Account.
Notices that we give you may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to you in the profile area of your User Account on the Site. Third, we may post the notice elsewhere on the Services. When we post notices on the Site, we post them in the area of the Site suitable to the notice. It is your responsibility to periodically review the Site for notices.
Subject to the Privacy Policy, if you send to Tasty Tech or post on the Services in any public area any information, ideas, inventions, concepts, techniques or know-how (“User Submissions”), for any purpose, including the developing, manufacturing and/or marketing or products or services incorporating such information, you acknowledge that Tasty Tech can use the User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to the User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Services or send them to us.
The Services are controlled by Tasty Tech and operated by it from its offices in Canada. You and Tasty Tech both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Tasty Tech explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
With the exception of a breach by you of intellectual property rights, in the event of any dispute (a “Claim”), User and Tasty Tech shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Tasty Tech, with such mediation to be held in the City of Toronto, in the Province of Ontario. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Ontario), with the arbitration to be held in the City of Toronto and the law applicable thereto shall be the law of the Province of Ontario. The arbitrator appointed pursuant to the Arbitrations Act (Ontario) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Tasty Tech related to any Claim and, where applicable, you also agree to opt out of any class proceedings against Tasty Tech.
To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Tasty Tech and the other Released Parties for your failure to comply with any such laws.
Notwithstanding any provision of these Terms, Tasty Tech reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services; (c) change, suspend or discontinue any aspect of the Services; and (d) impose limits on the Services.
You and Tasty Tech may terminate your use of the Services including your agreement to these Terms at any time. If you terminate your subscription to the Services, you must pay the fees applicable for the balance of the then current billing period. When you cancel your subscription to the Services: (a) any User Content on the App will remain on the App as read-only content, and (b) you may continue to log in to your User Account and may reactivate the Services at any time. In the event that you ask Tasty Tech to delete the data in your User Account, then all of that data will be permanently deleted.
In the event that you delete the App, all User Content on the App will be deleted. Tasty Tech does not maintain back up copies of User Content stored on the App.
If these Terms expire or terminate for any reason, Sections 7 through 24, and any representation or warranty you make in these Terms, shall also survive indefinitely.
Your affirmative act of using the Services and/or registering for the Services constitutes your electronic signature to the Terms and your consent to enter into agreements with us electronically.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Tasty Tech may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Tasty Tech, and any such attempted assignment will be void and unenforceable. These Terms, and the Privacy Policy expressly incorporated within, constitute the entire agreement between you and Tasty Tech regarding your use of the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Tasty Tech regarding your use of the Services. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only.
Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
If you have any questions regarding these Terms or your use of the Services, please contact us at:
Attn: Privacy Officer
Tasty Tech Ltd.
700 King Street W., Suite 616
Toronto, Ontario M5V 2Y6
Last updated on January 6, 2015
Version 1.1