Legal notice
These General Terms of Use are intended to define and govern the use of the services of the MySmileAdvise.com website (hereinafter referred to as "the site"), and the legal relations between the users of the site and the MySmileAdvise.com website. These General Terms of Use are made available to internet users by MySmileAdvise.com. Access to the MySmileAdvise.com website, its browsing, and use are subject to the unconditional acceptance of these General Terms of Use. The company reserves the right to freely modify these terms of use at any time and without notice, in order to adapt them to the evolutions of the site and/or its operations.
Definitions
The terms mentioned below have the following definitions
- "Services": refers to the services offered by the company on its website.
- "Website": refers to the MySmileAdvise.com website.
- "Company": refers to the company that publishes the MySmileAdvise.com website.
- "User": refers to any individual or legal entity that accesses the MySmileAdvise.com website for private or professional use.
Scope of application
These general terms aim to define and govern the General Terms of Use of the site and the services offered to users. Accessing the site and using its services are subject to the acceptance of the current terms of use, which imply the user’s unconditional acceptance of these terms. Therefore, before accessing the site, the user must review the applicable General Terms of Use. We inform the user that MySmileAdvise.com may modify these General Terms of Use at any time. Thus, the applicable terms are those in force and accessible on the site at the time the user accesses it. Consequently, we encourage the user to regularly review the General Terms of Use of the site. These General Terms of Use are subject to French law, regardless of the place of use. In the event of a dispute, and after any attempt to find an amicable solution has failed, the French courts will have sole jurisdiction over the matter.
Available services
The MySmileAdvise.com website allows users to get advice on dental aesthetics and to better understand the different available devices. MySmileAdvise.com does not provide any medical advice and strongly encourages its users to consult a dentist or orthodontist for any questions regarding their teeth.
Conditions of access and service availability
The MySmileAdvise.com website and its services are freely accessible to all users via an Internet connection. MySmileAdvise.com makes every effort to allow access to the site and its services 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the company’s control, and subject to any outages and maintenance necessary for the proper functioning of the site and services. Therefore, the company cannot guarantee the availability of the site and/or services, the reliability of transmissions, or the performance in terms of response time or quality. No technical support is provided to the user, whether electronically or by phone. The liability of the company managing MySmileAdvise.com cannot be engaged in the event of an inability to access the site and/or use the services. Additionally, MySmileAdvise.com may suspend the site or part of the services at any time without notice, and without any right to compensation. The user acknowledges and accepts that MySmileAdvise.com is not responsible for interruptions and the consequences they may have for the user or any third party.
User responsibility
The user agrees to access and use the site and its services reasonably, in accordance with the applicable laws, regulations, and the terms of use. Consequently, the user may in no case... :
- Use the site and its services in an unlawful manner, violating applicable regulations and rules in force, and more generally, harm the interests, reputation, or image of MySmileAdvise.com.
- Use devices or software that may affect the proper functioning of the site and its services, or extract, duplicate, or modify all or part of the site’s database and its content.
- Access the site and its services for unlawful purposes that may harm the reputation and image of the site and the company. As such, it is forbidden to disseminate or send any type of content that may offend, shock users, or infringe on the rights of third parties and intellectual property rights.
- Reuse or reproduce all or part of the site for commercial and/or private purposes in an illegal manner, in violation of the Intellectual Property Code.
- Use the contact information of users and partners for commercial purposes.
If improper use of the site is proven by the user, MySmileAdvise.com reserves the right to deny them full or partial access to the site, without prior notice.
Guarantee of MySmileAdvise.com
MySmileAdvise.com provides advice and techniques regarding dental aesthetics. The site does not give any medical advice and strongly recommends that users of the site consult a dentist or orthodontist for any questions. The information and/or documents on the site come from sources considered to be reliable. However, some information and/or documents may contain technical inaccuracies and typographical errors. Therefore, it is strongly recommended to verify the accuracy and relevance of the information and/or documents provided on the site. The information and/or documents available on the site are subject to change at any time and may have been updated. In particular, they may have been updated between the time they were downloaded and the moment the user reads them. Consequently, MySmileAdvise.com disclaims all responsibility for the content of the information and/or documents posted and shared on the site. The company makes every effort to regularly update the information on the site. It does not in any way guarantee the establishment of contractual relationships between users and the site's partners and advertisers. MySmileAdvise.com can in no way be held responsible for any damage of any kind resulting from the interpretation or use of the information and/or documents available on this site.
Limitation of liability
Each user is solely responsible for their use of the website and its online services. Thus, in the event of legal action being taken against the user due to improper use of the site and/or its services, MySmileAdvise.com cannot be held liable under any circumstances. The site may contain external links to other sites on the Internet. Clicking on these links to other resources will take you away from the MySmileAdvise.com site. The company is neither responsible for the content of these sites, nor the links they contain, nor any changes or updates made to them. Consequently, MySmileAdvise.com cannot be held responsible for any direct or indirect damages related to external websites. The company is committed to making every effort to ensure the continuity of the services offered by Monforfait.ch. However, it declines all responsibility in the event of:
- Unavailability, breakdowns, malfunctions, modifications of the services provided, regardless of their origin or source.
- Unavailability of the site due to network failures such as telecommunications or electrical networks
- Damages caused by the User due to improper use of the site
- Loss of stored data and, to the extent permitted by law, any indirect damage that may result in the inability to use the site’s services
- Hacking of the site resulting in damage to the site
- Only direct damages suffered by partners and advertisers resulting from a breach of the company's contractual obligations (contractual obligations defined herein) may hold the company liable.
As for indirect damages, such as loss of profit, loss of opportunity, commercial or financial harm, increased overhead costs, or losses arising from or resulting from the execution of the present terms, they shall in no way engage the liability of the company. The user, partners, and advertisers therefore waive the right to seek the liability of the company managing MySmileAdvise.com in this respect.
Intellectual property
The general structure of the site, as well as the texts, slogans, logos, graphics, images, sounds, and videos composing it, are the exclusive property of the company managing the site. In accordance with the provisions of the Intellectual Property Code, any representation and/or reproduction and/or partial or total exploitation of the content and services offered by the site, by any means whatsoever, without prior written authorization from the company, is strictly prohibited and may constitute counterfeiting within the meaning of articles L 335-2 and following of the Intellectual Property Code. The trademark "MySmileAdvise.com" is a registered trademark of the company managing the site. Similarly, the domain name MySmileAdvise.com and its affiliated subdomains are the exclusive property of the company. Any representation and/or reproduction and/or partial or total exploitation of these trademarks, of any kind, is strictly prohibited. The company reserves the right to take legal action against anyone who does not comply with the prohibitions contained in this article. Content published by the site's partners and advertisers, such as trademarks, logos, trade names, domain names, photos, texts, remains the property of the respective owners. Thus, MySmileAdvise.com holds no rights over the content published by partners or advertisers, unless there is a prior limited licensing agreement between the company and the partners and/or advertisers. Therefore, any representation and/or reproduction and/or partial or total exploitation of the content published by the site's partners and advertisers is prohibited. MySmileAdvise.com is the producer of the database created by "MySmileAdvise.com," within the meaning of article L 341-1 and following of the Intellectual Property Code. Any unauthorized extraction, reproduction, or use of the content of the database may incur the civil and/or criminal liability of the author. The company reserves the right to take legal action against anyone who does not comply with this prohibition.
Legal notice
The website MySmileAdvise.com is published by the company Parking Avenue, with the corporate name: Parking Avenue. Parking Avenue is a SAS with a capital of 20,000 euros, registered with the RCS of Laval under the number 804 337 517. The company's headquarters are located in France at 53000 LAVAL, 24 rue Saint Mathurin. This site is hosted by the company Infomaniak – Geneva, Switzerland.