Terms of service
Terms and Conditions
Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the website (the “Service”) operated by Mofosmile Pty Ltd (“MyMofoSmile”, “us,” “we,” or “our”). It is understood that once you access the website, you agree to these Terms and Conditions and shall be bound by all Legal Notice set on the site. These Terms apply to all visitors, users, and others who access or use the service.
Changes to Agreement and Additional Rules of Usage
We reserve the right, at any time and without prior notice, to modify, alter or update this Agreement. The date of the most recent revision will appear on this page. Continued access to the Site and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement.
We also reserve the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site and will be clearly identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.
We will inform you of any such changes, modifications, alterations, updates and/or additional rules of usage by posting them on the Site. In some cases, we will describe the changes and updates in an email sent to the address you provided during registration. Please be sure your preferred email address in your MyMofoSmile profile is current and up to date.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Services, without notice, in addition to other remedies as deemed reasonable at the sole discretion of MyMofoSmile.
We further reserve the right to terminate, without notice, any user’s access to their account on this Site upon user’s breach of this Agreement. We will provide you a notice before such suspension and/or termination and an explanation of why we suspended and/or terminated the Agreement and/or access to your account on the Site.
Ownership of the Site and Site Information
The service and its original Content (excluding Content provided by users), features and functionality are and will remain the exclusive property of MOFOSMILE PTY LTD and its licensors. The service is protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MOFOSMILE PTY LTD. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are permitted to use the service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the service to create, display, use, play, and download Content subject to these Terms.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by any other users are those of the respective authors or distributors and not of us.
Site Information is Provided “As Is”
Site Information is provided “as is” with all faults. You use the Site Information, as authorized herein, at your own risk. Site Information may contain errors, omissions, or typographical errors or may be out of date. The Site may change, delete or update any Site Information at any time and without prior notice.
Use of the Service By You
You may view and use the Site Information only for your personal information and for shopping and ordering on the Site. Except as set forth in this Agreement, the Site does not grant to you any right to use, reproduce, copy, modify, transfer, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process any Site Information. Your right to use the Site and the Services is personal to you – you may not authorize others to use the Site and the Services, and you are responsible for all use of the Site and the Services by you and by those you allow to use, or provide access to, the Site and the Services. You agree to use the Site and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and/or criminal liability.
Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Site and the Services at your own risk. The Site, the Site Information and the Services are provided “as is,” and to the full extent permitted by applicable law, MOFOSMILE PTY LTD, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. The Company, its affiliates, and its third party service providers do not represent or warrant that access to the Site and its Services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of the website.
To the maximum extent permitted by applicable laws, MyMofoSmile 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 hereunder, the sale or purchase of any merchandise ordered through the Site, 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 reliance on the Services, the Site Information or materials available through third party sites linked to the Site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights that vary from state to state. To the maximum extent permitted by applicable laws, you hereby agree to release MyMofoSmile, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (“claims”), arising out of or in any way connected with your use of this Site and its Services. In any event, you agree that any claim against MyMofoSmile by you is limited to the value of Services provided to you by us.
If any guarantee, condition, representation, warranty or term is implied or imposed by any applicable law and cannot be excluded (a “non-excludable provision”), and MyMofoSmile is able to limit your remedy for a breach of the non-excludable provision, then MyMofoSmile’s liability for breach of the non-excludable provision is limited exclusively (so far as applicable laws do not prohibit) to, at MyMofoSmile’s option, (a) in the case of goods, the prompt replacement of the goods or the supply of equivalent goods, or the cost of replacing the goods or of acquiring equivalent goods; and (b), in the case of Services, the supplying of the Services again, or the payment of having the cost of having the Services supplied again.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You may opt out of receiving these communications by clicking the “unsubscribe” link located at the bottom of each email we send you. We will communicate with you by email and/or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Arbitration will be pursued by the parties before the parties go to court and such arbitration will be conducted by a single arbitrator under the rules of arbitration of the Australian Disputes Centre. If the parties are not able to decide on an arbitrator, the President of the New South Wales, Queensland, and Victoria Law Societies or his or her nominee will decide the arbitrator. Notwithstanding the foregoing, either party may pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the service will cease immediately. If you wish to terminate your account, you may discontinue using the service.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection in addition to that. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the service or by sending a communication to any address that we have for you in our records.
Your use of the Services are at your own risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. The service is provided without warranties of any kind (unless a warranty is otherwise provided by us), whether expressed or implied, including, but not limited to, implied warranty of merchantability, fitness for a particular purpose, non-infringement or course of performance.
There is no warranty that:
- the service will function uninterrupted, secure or available at any particular time or location;
- any errors or defects will be corrected;
- the service is free of viruses or other harmful components; or
- the results of using the service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability concerning the Content contained on the service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the service or that the operation of our service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or errors in the service.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the restrictions above may not apply to you.
This Agreement shall be governed by and construed in accordance with the law from time to time in Western Australia. You agree to submit to the non-exclusive jurisdiction of the Courts of Western Australia and the Courts which hear appeals from those Courts..
If any provision of this Agreement is invalid and not enforceable in accordance with its terms, all other provisions which are self-sustaining and capable of separate enforcement without regard to the invalid provision shall be and continue to be valid and forceful in accordance with their terms.