These Subscription Terms and Conditions shall govern together with DSD Privacy Policy (https://digitalsmiledesign.com/privacy-policy ) User’s Subscription to DSD Online Certification.
The following definitions apply unless the context requires otherwise:
Certification holder means the User that is duly registered in DSD Website through My Account and has successfully passed the block of questions at the end of each course.
“DSD” means the company with which the corresponding transaction is celebrated: DSD Planning Center, SL located in Ochandiano Street, number 10, 1st floor, 28023, Madrid.
“Order Confirmation” means a written confirmation sent by any means, including any digital media and email, through which DSD informs the description of the Subscription and describes the details of the transaction.
“Subscription holder” means the party named on the Order Confirmation and where the context so requires, shall include any employee, representative, agent, or contractor acting on the User’s behalf.
“User” means any User, Subscription holders, any person who has access to DSD Online Certification, and/or any other available content provided by DSD with the Subscription holder consent. Hereby any responsibility arising from the User behavior will be charged to the Subscription holder;
“DSD Online” https://dsdonline.digitalsmiledesign.com/learn (access is limited to those users that have already registered
"-This- Website" refers to this website www.digitalsmiledesign.com, including its subdomains and any other website through which DSD makes this Subscription available.
a) Headings are for convenience only and do not affect interpretation.
b) The singular includes the plural and conversely.
c) Where there are two or more parties named as the User, a reference to a right or obligation of the User confers that right, or imposes that obligation, as the case may be, jointly and severally.
Users will be able to subscribe to the Subscription under a monthly plan, accessing all the benefits included in DSD Online Certification. The activation of the subscription will be on the same day of the payment through any of the aforementioned methods.
Once the Subscription is contracted, DSD will confirm the contracted subscription via email to the address provided by the User. The said email will include instructions to log and give access to DSD Online Certification.
To subscribe to DSD Online the Users may register or create an Subscription holder account in the Website, providing all required data or information in a complete and truthful manner.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Website.
By subscribing to DSD Online Certification in any manner from DSD, the Subscription holder and the User expressly agree to be legally bound and abide by these Subscription Terms and Conditions, as well as all applicable laws, ordinances, and regulations.
The relationship between DSD and the Subscription holder and the User is one of mutual respect. For DSD to be able to ensure the delivery of quality and effective services, Parties will need to work collaboratively and constructively and in a spirit of goodwill, while acknowledging the requirement for accountable, responsible, and effective handling of each one's contributions. DSD is entitled to deny Subscription access in case this mutual respect is not granted.
DSD excludes any responsibility regarding the confidentiality and security of the information and data provided by the user for payment of content and/or subscriptions, to the extent that the processing of such information and data is not solely under the control of DSD.
Subscription holder and User are required to immediately and unambiguously inform DSD via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed, or stolen.
Subscription holder can terminate their subscription to DSD Online Certification by selecting option in section “My Account.”/My details/My subscription/ Cancel subscription”.
DSD reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Subscription Terms and Conditions.
The suspension or deletion of Subscription holder accounts shall not entitle Users nor Subscription holder to any claims for compensation, damages, or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User or Subscription holder does not exempt the User from paying any applicable fees or prices.
- Certifications,
- Content library,
-Monthly content drops (that includes podcast, webinar y case study related to each webinar)
All content available on this Website is owned or provided by DSD.
DSD undertakes its utmost effort to ensure that the content provided on this Website infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
This subscription to DSD Online Certification may only be used within the scope of what they are provided for, under these Subscription Terms and Conditions and applicable law.
Users are solely responsible for making sure that their use of this Website and/or the Subscription violates no applicable law, regulations or third-party rights.
Therefore, DSD reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Website or the Subscription, terminating contracts, reporting any misconduct performed through this Website or the Subscription to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Subscription Terms and Conditions;
infringe any third-party rights;
considerably impair DSD’s legitimate interests;
offend DSD or any third party.
3.1 By placing the order, the User authorizes DSD to charge the selected method of payment for the total amount, which includes the Subscription price. Information related to accepted payment methods is made available during the purchasing process.
3.2 Users are informed during the payment process and before order submission, about any fees, taxes, and costs (if any) that they will be charged.
3.3 Prices on this Website are displayed either exclusive or inclusive of any applicable fees, taxes, and costs, depending on the section the User is browsing.
3.4 Some payment methods may only be available subject to additional conditions or fees. All payments are independently processed through third-party services. Therefore, this Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, DSD shall be under no obligation to fulfill the Subscription order. Any costs or fees resulting from the failed or refused payment shall be borne by the User.
3.5 If Users authorize the PayPal feature which allows future Subscriptions, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future Subscriptions or recurring installments of past Subscriptions. This authorization can be revoked at any time, either by contacting DSD or by changing the user settings offered by PayPal.
3.6. User’s registration will only be complete once the Subscription confirmation and the Subscription have been received.
4.1. By accepting these Subscription Terms and Conditions Subscription holder and User also accept and submits to DSD Privacy Policy (https://digitalsmiledesign.com/privacy-policy ).
4.2. Communication Channels. DSD will be communicating with the Subscription holder via email, phone, and other relevant channels, to guarantee adequate information sharing.
5.1. Unless exceptions apply, the Subscription holder may withdraw from the contract within 14 calendar days after paying the subscription, for any reason and without justification. To exercise this right, the Subscription holder must send an unequivocal statement of their intention to withdraw to dsdonline@digitalsmiledesign.com.
5.2. Once access to the access to DSD Online Certification, the Subscription holder may not withdraw from the contract.
5.3. The Subscription holder may not withdraw from contracting the Subscriptions when the User does not have the status of consumer in accordance with the provisions of the applicable regulations.
DSD prohibits the use of the 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 DSD Online Certification and/or www.digitalsmiledesign.com for any unlawful or unauthorized purpose.
DSD disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to DSD online www.digitalsmiledesign.com, including, without limitation, implied warranties of title, non-infringement of third party rights, merchantability, and fitness for a particular purpose, and any warranties that may arise from Subscription of dealing or usage of trade. DSD does not warrant that the User’s use of the Subscriptions offered will be uninterrupted, error-free or secure, that defects will be corrected, or that the site is free of viruses or other harmful components. User assumes all responsibility and risk for use of DSD services and User’s reliance thereon. Your use of the any materials provided through the site is entirely at the User’s own risk. The user should use the User’s best judgment and exercise caution where appropriate.
8.1. 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 in tort, resulting from your access to and use of our subscription content 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. The maximum liability of DSD and your sole and exclusive remedy, for all damages, losses suffered by you, and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be the total amount paid by you, if any, to access digitalsmiledesign.com.
8.2. Liability for provided content.
Users are solely liable for any content they upload, post, share, or provide through DSD Online Certificate. Users acknowledge and accept that DSD does not filter or moderate such content.
However, DSD reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to DSD Online Certificate:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where DSD is made aware that the content, while being accessible via DSD Online Certificate, may represent a risk for Users, third parties and/or the availability of the Subscription.
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold DSD harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Starting on 1st April 2018, by virtue of Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017, on cross-border portability of online content services in the internal market, DSD subscribers who are residents of Spain, according to the applicable regulations, and who temporarily reside in a Member State of the European Economic Area may access the DSD content under the same conditions as in Spain.
DSD reserves the right, in its sole discretion, to change these Subscription Terms and Conditions at any time. If DSD changes any term or condition, said modification, revision, and additional information shall be posted here and shall automatically replace these Subscription Terms and Conditions and become binding on all users of this site. Your continued use of the DSD Online Certification following DSD’s posting of revised Subscription Terms and Conditions constitutes your acceptance of the revised agreement.
11.1. 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.
11.2. 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.
12.1. No agency, partnership, joint venture, or other relationship is intended or created by the User’s use of DSD Subscription
12.2. All contents of DSD Online Certification 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.
12.3. These Subscription Terms and Conditions contain the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
12.4. If any provision of these Subscription Terms and Conditions is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected.
12.5. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
13.1. Without prejudice to any more specific provision of these Subscription Terms and Conditions any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to DSD Online Certification 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.
13.2. 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. 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 and may not be modified without the written consent of DSD.
13.3. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Subscription. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Website, nor allow any third party to do so through the User or their device, even without the User's knowledge. In addition these Subscription Terms and Conditions do not authorized any profiling data through an Artificial Intelligence tool related to the said DSD IP rights and content.
13.4. The User may download the DSD Online Certification provided that the copyright attributions and all the other attributions requested by DSD are correctly implemented.
13. 5. Any applicable statutory limitation or exception to copyright shall stay unaffected.
14.1. In case you have any doubt about this T&C and or any other request related to your Subscription process, please contact dsdonline@digitalsmiledesign.com
14.2. In case you have a request doubt or inquiry related to DSD online subscription, please write to dsdonline@digitalsmiledesign.com
14.3. In case you have a request, doubt or inquiry related to GDPR-Data Protection, please write to dpo@digitalsmiledesign.com
Last Update: 19.04.24