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This BeDSD Terms and Conditions ( “T&C”), is made to you by DSD Planning Center S.L.( “DSD”) and these Terms and Conditions should be read together with the Education Purchase Terms and Conditions, Planning Center Terms & Conditions, and DSD General Terms and Conditions.
All information contained on the BeDSD Website, including information relating to orthodontic, dental, medical, and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation, or advice of an orthodontist, dentist, or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites are for informational purposes only and are not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship and is intended solely for healthcare professionals.
1. Paid Membership
BeDSD, is a premium, members-only DSD Education Community Platform. (“BeDSD”).
The User ( “User”) that successfully signup for the yearly Paid Membership (“Membership”), will have 12 months of BeDSD access (“Membership Period”); the yearly Membership will have a cost of 240$ (“Price”), according to these T&C.
The Price will be valid for the term indicated on the Web; If no validity is indicated, it will be understood that the Price may be updated at any time during the Quotation Phase until the Purchase process has been completed; Once the Purchase is completed, the Price will be maintained until the next Membership Period.
DSD could at its own discretion increase the Price of the subsequent Membership Periods
The User is eligible for if meets the following conditions:
The User shall be responsible for maintaining the security of his/her login credentials used to access BeDSD and shall not share those credentials with any third party or otherwise permit any third party to use the BeDSD
3. Paid Membership
The Membership Period starts automatically when the User completes the signup by entering the credit card details and will finalize in a 12-month period( “Membership Period”).
To complete your account signup, the User must provide a credit/ debit card to set up the account. Once the account is setted, the User will be automatically charged EUR 240 per year.
At the unless you decide to opt-out before the automatic renewal takes place.
4. Opting Out
The User might be able to opt-out by going to My Account - My Details - My Subscriptions and clicking on the cancelation button.
Unless exceptions apply, the User may be eligible to withdraw from the contract within 14 calendar days after the day of the purchase date, for any reason and without justification.
If User opts-out after the withdrawal period, the User will be able to access BeDSD during the whole Membership Period, and the cancellation will be applicable for the next Paid Membership Period. For the avoidance of doubt, no refunds will be applicable after the withdrawal period is over.
5. Intellectual Property and Copyright
Unless agreed otherwise in writing by the parties, DSD Planning Center S.L. retains rights and copyright to all images, plans, drawings, calculations, design instructions, product descriptions, protocols, and/or other documents.
The User acknowledges that all rights, titles, and interests in and to BeDSD and all underlying software, technology, and other intellectual property belong exclusively to DSD or its licensors.
The User shall at no time: (a) copy any feature, design or graphic of BeDSD; (b) attempt to circumvent any security device or access or derive the source code or architecture of any BeDSD; (c) use or access BeDSD in order to build a competitive solution or to assist someone else to build a competitive solution; (d) load or penetration test BeDSD or otherwise use any Subscription Free Trial s in any way that is, or could reasonably be expected to be, detrimental to DSD’s ability to provide services to any other customer; (e) use BeDSD to access the data of any other customer of Company; (f) use BeDSD in a manner that violates any applicable law, ordinance, regulation or administrative order; or (g) permit any third party to do any of the foregoing.
All deliverables and the methodologies used to create the goods and/or services; all other inventions, discoveries, concepts, ideas, and/or improvements created, conceived, or developed by DSD Planning Center S.L. and in general, all Intellectual Property rights authorized by law relating to such goods and/or services shall be upon creation the property of DSD Planning Center S.L, and may not be modified without the written consent of DSD Planning Center S.L.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of DSD or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website are and remain, the exclusive property of DSD or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Unless agreed otherwise in writing by the parties, the mere participation in a Mastership doesn’t give the User the right to use DSD Logo or IP in general. Logo use is reserved for DSD Clinics and regulated in a specific agreement.
The User may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Website and its Service without the DSD’s express prior written permission, granted either directly or through a legitimate reselling program.
6. Data Privacy
To the extent that Parties have access, collect, retain, disclose or otherwise process any data subject ( “Data Subject”) identifiable information, including names, voice, video, and image, or any other data (“Personal Data”) pursuant to this Agreement, will do so only in accordance Applicable Laws, including General Regulation of Data Protection of the EU 2016/679 ("GDPR"), as well as with any other European Union and local/national regulation that may be applicable and/or be enforceable for each particular case.
In the event any Party collects and processes Personal Data, such Party will do so solely as described in the Personal Data Authorization and will be obliged not to use such Personal Data for any other purposes other than the authorized by Data Subject and/or for legally applicable reasons.
Parties will maintain appropriate safeguards to ensure the confidentiality and security of the Personal Data and promptly inform DSD within three (3) calendar days about any unauthorized or unintentional access to or disclosure of Personal Data (“Security Breach”) and will provide all reasonable assistance to remedy the Security Breach.
By purchasing the Product, Parties confirm that individuals acting on their behalf are informed of, and consent that their personal data shall be collected and processed to manage this contractual relationship.
Each party is obliged to facilitate the exercise of the legal rights of access, rectification, cancellation, limitation, portability, and opposition over said personal data, as well as any other right under the GDPR or other regulations that might be applicable (the “Rights”).
7. Limitation of Liability
EXCEPT FOR PAYMENT FOR GOODS AND/OR SERVICES DELIVERED AND ACCEPTED BY DSD, IN NO EVENT WILL DSD’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE P.O. UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) EXCEED THE AMOUNTS OWING BY DSD UNDER THE APPLICABLE P.O., WHETHER OR NOT THE LIABLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT EXPAND SUCH LIMIT. IN NO EVENT SHALL DSD HAVE ANY LIABILITY TO THE SELLER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OR OTHERWISE) WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Additionally, by using our Website, the User expressly acknowledges and agrees that DSD shall have no liability or responsibility whatsoever for (i) any action of another user; (ii) personal injury or property damage, of any nature whatsoever, whether arising in contract or tort, resulting from your access to and use of our Courses, including any claim, cause of action, obligation, liability, right, or remedy whether or not arising from the negligence of DSD; (iii) any unauthorized access; (iv) any interruption or cessation of transmission to or from DSD; (iv) any bugs, viruses, worms, defects or other items of a destructive nature which may be transmitted to or through the site by any third party; (v) any error, mistake, inaccuracy or omission in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials available through DSD; your sole and exclusive remedy for dissatisfaction with DSD is to stop using the site.
To the maximum extent permitted by applicable law, in no event shall DSD, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, BeDSD; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of BeDSD or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of BeDSD; any unauthorized access to or use of the DSDr’s secure servers and/or any and all personal information stored thereinany interruption or cessation of transmission to or from the Service;any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the DSD, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the DSD hereunder in the preceding 12 months, or the period of duration of this agreement between the DSD and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to that User. The terms give the User specific legal rights, and the User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The DSD does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the DSD shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.
8. Unlawful Activity
DSD prohibits the use of DSD brands and/or materials for unlawful conduct. All Users must comply with all local, state, federal and international laws, ordinances and regulations. The User agrees not to use any false information or use an invalid or unauthorized credit or debit card. User agrees not to use or permit anyone to use the information provided through the Courses and/or www.digitalsmiledesign.com for any unlawful or unauthorized purpose.
9. Events Outside Our Control.
DSD shall not be deemed in default or otherwise liable or responsible for any failure to perform or delay in performance of, any of DSD’s obligations that are caused by an event Outside Our Control.
An “Event Outside Our Control” means any act or event beyond DSD’s reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, Coronavirus disease (COVID-19), or other natural disasters, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or any other similar cause not under DSD’s control.
10. ADDITIONAL PROVISIONS
No agency, partnership, joint venture, or other relationship is intended or created by the User’s use of DSD services.
All contents of this website or affiliated platform are copyright works belonging to DSD. All rights reserved. The content of this website or platform has been carefully prepared and is regularly updated. Nevertheless, we cannot guarantee that the totality of information is perfectly accurate or free of error.
If any provision of these T&Cs is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected.
Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
Governing law. These Terms are governed by the law of the place where the DSD is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
11. Dispute resolution
Amicable dispute resolution. The User may bring any disputes to the DSD who will try to resolve them amicably. While the User's right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Website or the Service, the User is kindly asked to contact the DSD at the contact details provided in this document. the User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the DSD’s email address specified in this document. The DSD will process the complaint without undue delay and within 30 days of receiving it.
Online dispute resolution for Consumers. The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts. As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts that have been entered into online. The platform is available at the following link.
12. Right to Refuse Service Access.
DSD has the right, without any liability, to refuse service access and/or cancel the account and/or suspend, and/or revoke access privileges to any User who:
By any cause breaks, infringes, and/or transgresses this T&C;
Is unreasonably rude, affecting/ difficulting the service performance or service delivery;
Does not follow DSD’s guidelines and processes.
Engages in fraudulent or otherwise misleading activities that would harm DSD, affect DSD’s customer's relations, and/ or may have an impact on DSD’s business;
DSD retains the right to refuse service based on DSD’s professional opinion.
If DSD wishes to terminate/ refuse service access at its own discretion DSD shall deliver to the User a written notice stating a brief description of the basis on which DSD is refusing Services access and the following applicable steps (if any).
In case you have any doubt about this T&C and or any other request related to your purchase process, please contact email@example.com
Changes in Terms and Conditions:
You only need to approve this T&C once; we reserve the right, in our sole discretion, to change these Terms at any time. If We change any term or condition, said modification, revision, and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this site.
The DSD reserves the right to amend or otherwise modify these Terms at any time. In such cases, the DSD will appropriately inform the User of these changes.
The continued use of the Products/ Services will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.
Such changes will only affect the relationship with the User in the future. The applicable previous version will govern the relationship prior to the changes. The User can obtain any previous version from DSD.
If required by applicable law, DSD will specify the date by which the modified Terms will enter into force.
Last Version 01.11.22