These Purchase Terms and Conditions (hereinafter “T&C”) will govern Customer’s Ticket purchases for DSD Courses carried out through DSD’s website www.digitalsmiledesign.com (hereinafter the “Website”), and shall govern all services related to the Courses organized and performed by DSD.
Other DSD courses not sold through this Website, will not be governed by these T&C. For the avoidance of doubt, the Purchase of a DSD Course sold/organized by an Authorized Third-party will be governed by such authorized third-party’ T&C.
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any other communicable disease or illness, or a bacteria, virus, or another pathogen capable of causing a communicable disease or illness, whether occurring before, during, or after the Course, however, caused or contracted, and voluntarily waive all claims and potential claims against DSD, and their affiliated companies relating to such risks.
1. DEFINITIONS AND INTERPRETATION:
The following definitions apply unless the context requires otherwise:
“Customer” means the party named on the Order Confirmation (or such other person or organization as may be substituted therefore with the written consent of DSD) and where the context so requires shall include any employee, representative, agent or contractor acting on the Customer’s behalf.
“Course” means the DSD-Organized Course, relevant events, lectures, courses, and/or conferences organized by DSD to which the Ticket relates;
“Order Confirmation” means a written confirmation sent by any means, including any digital media and email, though which DSD informs the description of the purchased Tickets or product and describes the details of the transaction;
“Ticket” means a ticket, voucher, or another form of pass issued by DSD permitting access to the Events;
“User” means any Customer, Ticket holders, any person who has access to a Course and/or any beneficiary of any of the Courses provided by DSD;
“Venue” means any location where Courses take place;
“DSD” means the company with which the corresponding transaction is celebrated: DSD Planning Center SL - Calle Enrique Granados 6, Edificio B, Planta 2 (4, 5, 6). 28224. Pozuelo de Alarcón. Madrid. Spain.
“Authorized Third-Party” means a party authorized that organizes and sells a DSD Course, under the name DSDx.
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 Customer, a reference to a right or obligation of the Customer confers that right, or imposes that obligation, as the case may be, jointly and severally.
2. USER’S ACCEPTANCE AND CONSENT TO DSD’S USE AND PURCHASE TERMS AND CONDITIONS:
By using or visiting www.digitalsmiledesign.com, or purchasing Tickets in any manner from DSD, the User expressly agrees to be legally bound and abide by these Purchase Terms and Conditions, as well as all applicable laws, ordinances, and regulations.
3. CONTRACT BETWEEN DSD AND USER:
3.1. DSD is the official organizer of the Events sold on the website www.digitalsmiledesign.com. User agrees not to obtain or attempt to obtain any tickets through unauthorized sources. DSD reserves the right to cancel any transaction which DSD reasonably suspects to have been made in breach of these provisions without any notice to the User and any and all Tickets purchased as part of such transaction will be void.
3.2 For the Authorized Third-Party Events that are not directly organized/marketed/sold by DSD, Users might be able to identify that such Third-Party Events are Authorized by DSD when: (i) They are promoted within DSD’s website (courses endorsed but not organized by DSD) and/or (ii) when such courses are using the trademark DSDx. DSD Brand Logo will be monochrome (black or white ) and X will be the color of the organizer's primary brand. If a course does not have the DSD-approved trademark in it, then it is not a course DSD is affiliated with and the content is not endorsed by DSD.
3.3. Each Ticket is valid for one person and cannot be shared between more than one person.
3.4. The purchase of Tickets will have an effect since the Order Confirmation is sent and ends immediately after the completion of the Event. All purchases are subject to payment card verification and other security checks and the User’s transaction may be canceled if it has not passed DSD’s verification process.
3.5. If the Customer has bought (or been issued with) any Ticket for any other person, the Customer must bring these Purchase Terms and Conditions and any applicable regulations to the attention of such other Ticket holders. The Customer must ensure that any such Ticket holder complies with these Use and Purchase Terms and Conditions and any applicable regulations. If the Customer, or any such Ticket holder, fails to comply with these Use and Purchase Terms and Conditions or any applicable regulations, the Customer or the Ticket holder (as applicable) may be refused admission to the Venue or removed from the Venue without refund or compensation.
3.6. These Purchase Terms and Conditions and Order Confirmation constitute the entire agreement between DSD and the User, Customer, or Ticket holder (as applicable).
3.7 By entering the Venue and/or using the Ticket, each Ticket holder acknowledges and agrees that he or she has read and understood these Use and Purchase Terms and Conditions and agrees to adhere to these Use and Purchase Terms and Conditions.
4.1 By placing the Customer’s order, the User authorizes DSD to charge the selected method of payment for the total amount, which includes the Ticket price or product price. Information related to accepted payment methods is made available during the purchasing process.
4.2 Users are informed during the purchasing process and before order submission, about any fees, taxes, and costs (if any) that they will be charged.
4.3 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.
4.4 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, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
4.5 If Users authorize the PayPal feature which allows future purchases, this Website will store an identification code linked to the Users’ PayPal account. This will authorize this Website to automatically process payments for future purchases or recurring installments of past purchases. This authorization can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
4.6 User’s registration to the Course will only be complete once the purchase confirmation and the Ticket has been received.
4.7 In case payment by installments is available and selected, installments are going to be charged to the attendee’s credit card every 30 days until their purchase has been fully paid. The first installment is immediately charged to the attendee’s credit card and all future installments (calculated depending on the number of months prior to the course) will be charged automatically with the attendee’s authorization.
If full payment is not completed within the due date, your registration will be canceled. If the course was already performed by then, DSD will have the right to legally request the outstanding amount.
5. RECORDING WAIVER:
5.1 DSD reserves the right to broadcast and transmit recorded content via TV, Satellite, Cable, IPTV, Internet, and any other means of distribution.
5.2 User consents to the use by DSD (and by any third party authorized by DSD from time to time) for the purposes of or in connection with any publication, exhibition, or broadcast (including any advertising or promotional literature, campaign or material either commercial, scientific, medical, research, and/or education, purposes) in any media worldwide, in perpetuity and on a royalty-free basis, and approved by DSD, of any still or moving picture images taken at the Event where such image includes any User’s image, User’s voice, and User’s likeness either individually or as a part of a group shot, and User waives any and all of the User’s personality and privacy rights to the extent necessary to permit such use.
Authorized Purposes include transformation, distribution, reproduction, public communication, and dissemination rights, as well as any others that may correspond to it, with no other limitations than those derived from the current Intellectual Property Law.
5.4 In case the User is not willing to be recorded, he/she must notify such circumstance to DSD contact email@example.com prior to the course commencement so that DSD can evaluate reasonable measures to avoid the direct recording of his/her image. Even though DSD will make all reasonable efforts to avoid User images being compromised, please note that Courses are public events and that DSD cannot control what other event assistants might record during the event, neither group shoots.
6.2 Communication Channels. DSD will be communicating with the User, via email, phone, WhatsApp, and other relevant channels, to guarantee adequate information sharing.
6.3 Additionally, for each Course, DSD might create a Distribution List and/or a Group. This channel will be intended as a convenient way to quickly and efficiently distribute information related to such Course with Course Participants. User accepts to be included in this Group, but as its not mandatory to be part of it, User may be able to leave at any time. Such a group is set up in a spirit of informal communication amongst a group of Course Participants To participate in such Group , User commits to the following: a. The group is not to be used to discuss non-course-related issues. b. The group should not be used to express personal opinions or post private messages. c. Any opinions expressed are the opinions of individual members. Group administrators are not responsible for any comments posted by individual members of the group. d. It is not necessary to respond to every post unless it is requested e.g. RSVP. When a busy user gets too many notifications, there is the chance that they will turn off the notifications, which undermines the efficiency of the facility. e. If your message is not relevant to the majority of group members, please message the person directly rather than the entire group. f. Inappropriate posts include using inappropriate language, insulting messages, voicing grievances with the workplace or with individual members of the group. g. No comments should be made regarding colleagues, management, the Board, work policies or events. h. In the event that there is a breach of any of the rules, the group administrator reserves the right to remove the transgressor from the group.
7. ADMISSION AND ATTENDANCE:
7.1. Users attending the Course must abide by the rules and policies of DSD and the Venue. Failure to follow such rules and policies may lead to consequences against Users. Users who fail to abide by those rules and policies are responsible for all applicable fines and legal or other expenses associated therewith.
7.2. DSD reserves de right to refuse admission to (or reject from) the Venue any person (i) no complying with these Use and Purchase Terms and Conditions or (ii) who is in possession of a Ticket which has been sold or used other than in compliance with these Use and Purchase Terms and Conditions.
7.3. Users must not make, create, store, record, or transmit any kind of sound recording, visual footage or audio-visual footage (“Recording”), or store, record or transmit any information or other data, in relation to the Course. It is forbidden to take into the Venue any equipment that may enable you to do the aforementioned acts. Personal electronic devices (including still image cameras, mobile telephones and other handheld personal communications devices) are permitted within the Venue unless otherwise advised, provided that any Recording and any image, including photographic images and any still pictures derived or capable of being derived from a Recording (“Image”) of the Course that is recorded, stored and/or crated thereon is used for personal private and non-commercial purposes only.
As a condition of purchase of the Tickets Users agree that (i) the use of any such Recording, or Image for any form of public advertisement, display, commercial gain or for any other purpose (except for your private enjoyment) without the prior written consent of DSD is strictly forbidden and will constitute a breach of these terms and conditions for which you may be liable; and (ii) on request by DSD, you shall assign to DSD in writing the copyright and all other intellectual property in any Image or Recording that you create, make, store or record of, at or in relation to the Course.
7.4. Unless indicated otherwise, during the booking process DSD is not able to determine precise seat locations and cannot fulfill specific seating requests.
7.5 In case User needs accommodations, please indicate it before the booking process so that DSD might be able to walk you through the reasonable solutions that could be offered to address the needs of people with disabilities, whether through "readily achievable" modifications, or by providing reasonable auxiliary aids and services. Please bare in mind that It is the intent of the law that hosts and planners are not subjected to an "undue burden" to provide public accommodation.
8. CANCELLATIONS AND REFUNDS:
8.1. Purchased Tickets are non-cancellable and non-refundable. Except as mentioned in sections 8.2, 8.3, and 8.4 respectively.
8.2 Right of Withdrawal. Unless exceptions apply, the User may be eligible to withdraw from the contract within 14 calendar days after the day that the contract is entered into, for any reason and without justification. To exercise their right of withdrawal, Users must send to the address firstname.lastname@example.org an unequivocal statement of their intention to withdraw from the contract.
Users who correctly withdraw from a contract will be reimbursed by DSD for all payments made deducting any transfer costs, within the 30 calendar days after the withdrawal notification.
8.3 Cancellation of Registration. In case the User duly justifies one (1) week previous to the start of the Course, a reason outside his/her control why he/she is unable to attend the course on the day and the time scheduled, DSD will make available the alternatives mentioned in Section 8.5.
If the User fails to notify DSD within this period but still prior to the Course commencement, DSD reserves the right to evaluate the application of Section 8.5, at DSD’s sole discretion, but DSD is under no obligation to do so to.
Cancellations must be notified in writing to email@example.com DSD team will reply to your message within two (2) days.
8.4 Cancellation/Rescheduling of the Course. DSD reserves its exclusive right to reschedule all of its Courses at any time and under any circumstance. If a Course is canceled or rescheduled, DSD will use reasonable endeavors to notify the User of such cancellation at the earliest convenience.
The user hereby accepts and recognizes that he/she will not have any right to be refunded or compensated in any manner apart from the alternative mentioned in Section 8.5. In case of cancellation of any DSD’s Course, DSD shall not be deemed in default or otherwise liable or responsible for any failure to perform or delay in performance.
For the avoidance of doubt neither cost beared for flight tickets, hotel reservation, cancellation costs, and others, will be reimbursed in case of a Course cancellation/ rescheduling under this clause. DSD highly recommends the User to buy such services with flexible cancelation policies.
8.5. For the cases mentioned in Sections 8.3 and 8.4, the User will be able to choose between a credit for future courses organized by DSD (during the next year), or credit for other DSD products to be used during the next year, or to transfer such tickets to another attendee.
8.6. All cancellation requests must be made in writing to firstname.lastname@example.org. No cancellations/ refunds will be allowed after the Course has started.
9. UNLAWFUL ACTIVITY:
DSD prohibits the use of DSD brand and/or materials for unlawful conduct. All Users must comply with all local, state, federal and international laws, ordinances and regulations. 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.
10. NO WARRANTY
DSD disclaims, to the fullest extent permitted under applicable law, all warranties, express or implied, with respect to DSD, the materials, and any Tickets obtained through 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 course of dealing or usage of trade. DSD does not warrant that the User’s use of the services 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 Courses and any materials provided through the site is entirely at the User’s own risk. The user should use User’s best judgment and exercise caution where appropriate.
11. LIMITATION OF LIABILITY
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 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 or leaving the Course. 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.
12. CHANGES IN TERMS AND CONDITIONS
DSD reserves the right, in its sole discretion, to change these Purchase 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 the terms and conditions and become binding on all users of this site. Your continued use of the site following DSD’s posting of revised terms and conditions constitutes your acceptance of the revised agreement.
13. EVENTS OUTSIDE OUR CONTROL
13.1 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.
13.2 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.
14. ADDITIONAL PROVISIONS
14.1. No agency, partnership, joint venture, or other relationship is intended or created by the User’s use of DSD Courses.
14.2. 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.
14.3. These Use and Purchase 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.
14.4. If any provision of these Use and Purchase 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.
14.5. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
15.1 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
15.2 In case you have a request doubt of inquiry related to the Courses, please write to firstname.lastname@example.org
15.3 In case you have a request doubt of inquiry related to GDPR-Data Protection, please write to email@example.com
Changes in Terms and Conditions:
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. Your continued use of the site and/or the assistance to the Course following our posting of revised terms and conditions constitutes your acceptance of the revised agreement.
Last Update: 23.02.22