Terms & Conditions

Integrated Healthcare Concepts Pvt. Ltd, on behalf of itself and its affiliates/group companies under the brand "Smile Circle" (“Smile Circle”), is the author and publisher of the internet resource www.smilecircle.com (hereinafter “Website”). Smile Circle owns and operates the services provided through the Website.

Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by Smile Circle. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Smile Circle in connection with your visit to the Website and your use of the Services (as defined below). That you are to Use Smile Circle and its Offerings on an as is basis and any changes that you make or attempt to make shall be in violation of all terms, conditions, policies that you have agreed to and accepted.

The Agreement applies to you whether you are -

• A Dentist or a Dental care provider (whether an individual professional or an organisation) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”); or
• A patient, his/her representatives or affiliates, searching for Practitioners through the Website 1.1. The Website is accessible to visitors / non-registered users and registered users.. "Registered Users" are users who have registered themselves an account on the Website by providing Smile Circle with certain information and who can log on to the Website by providing their username and password. "Non-Registered Users" are users who are not registered with the Website but may access information on the Website. Certain features of the Website are available to Registered Users only.(“End-User”, “you” or “User”);

This Agreement applies to those services made available by Smile Circle on the Website, which are offered free of charge to the Users (“Services”), including the following:

For Practitioners: Listing of Practitioners and their profiles and contact details, to be made available to the other Users and visitors to the Website;

For other Users: Facility to (i) create and maintain ‘Accounts’, (ii) search for Practitioners by name, specialty, and geographical area, or any other criteria that may be developed and made available by Smile Circle, and (iii) to make appointments with Practitioners.

The Services may change from time to time, at the sole discretion of Smile Circle, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us by calling or writing to your local head office or contacting us via email: enquiries@smilecircle.com.

By accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing. You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

Your access to use of the Website and the Services will be solely at the discretion of Smile Circle.

Smile Circle’s role: Smile Circle's role is limited to

a) providing a platform for hosting and publishing User Content,

b) providing a platform for Registered Users to connect with qualified Dentists or Dental Care professionals

c) providing a platform for private interaction between Registered User and Dentists or Dental Care professionals

Smile Circle's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, Smile Circle has no responsibility and / or liability in respect of the content and transactions on the Website.

Use of Website

You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Smile Circle that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

The terms in this Clause are applicable only to Users other than Practitioners.

If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Smile Circle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smile Circle has the right to discontinue the Services to the User at its sole discretion.

Smile Circle may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

Account Creation by Users:

When you create an account on our Website, we use methods such as authenticate codes for verification of your account. However, we do not take responsibility to ensure that each User registered on our platform reveals true or accurate information while creating their account or profile.

Each User is allowed to create only ONE account at a time on the Website and shall access the Website only through one such account. Smile Circle reserves the right to terminate or delete accounts which are created in duplicate by the same User. In addition to the above, owing to the fact that Smile Circle takes security very seriously, it shall also take appropriate legal actions in case a User is violating any terms or creating multiple accounts.

The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorised by the User. The User shall immediately notify Smile Circle of any actual or suspected unauthorised use of the User’s account or password. Although Smile Circle will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Smile Circle or such other parties as the case may be, due to any unauthorised use of your account.

Subscription & Fee

Smile Circle shall offer to its Users, along with applicable terms, annual renewable subscriptions for patients. We also offer free trials as per available offers.

That the USer shall be taking a subscription on the Website as per their own discretion and shall ensure that they are aware of all such terms and conditions associated with such subscription.

That all payments made on the Website shall be done through relevant channels and payment gateways and the policies or legal terms of the same shall apply. Smile Circle shall not be liable for any such payment related issues as the same is being taken care of my the relevant payment platforms.

That Smile Circle reserves the right to make any changes to the subscription plans, price of products etc. at its sole discretion.

The Website offers the following features:

1. Listing of Dentists, their services & their rate card
2. Self Diagnosis
3. Find my closest clinic based on treatment availability, cost & distance
4. Appointment booking functionality
5. Request call back - Using connector soft or similar functionality with another service provider
6. Members area offering different memberships - Free, paid (2 paid options and1 free option)
7. Treatments pages explaining each treatment in detail with video animations
8. Dentists and Patient logins to track their respective data
9. Blogs & Content

Book Appointment & Call facility:

Smile Circle enables Users to connect with Practitioners through two methods: a) Book facility that allows Users to book an appointment through the Website; b) telephonic services which connect Users directly to the Practitioner’s number provided on the Website.

Smile Circle will ensure Users are provided confirmed appointments on the Book facility. However, Smile Circle has no liability if such an appointment is later cancelled by the Practitioner, or the same Practitioner is not available for appointment.

The results of any search Users performed on the Website for Practitioners should not be construed as an endorsement by Smile Circle of any such particular Practitioner. If the User decides to engage with a Practitioner to seek medical services, the User shall be doing so at his/her own risk.

Users are allowed to provide feedback about their experiences with the Practitioner, however, the User shall ensure that the same is provided in accordance with applicable law. User however understands that, Smile Circle shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Practitioner from the Website.

Third Party Apps or Websites

That Smile Circle lists several entities as third party platforms on its website either for purposes of marketing and advertisements or for the purpose of their affiliated services or products, that might and shall be beneficial for the Users of the Website.

Smile Circle, however, does NOT take any responsibility or liability for the type of content, service or product that such 3rd Party Websites or Apps are providing or offering and the User shall ensure to take all possible precautions and measures to ensure their safety. In addition to this, all 3rd Party Websites and Apps shall have their own policies, which shall be applicable to the User so visiting their Website or App.

Cancellation and Refund Policy

In the event that the Practitioner with whom User has booked a paid appointment via the Website, has not been able to meet the User, User will need to write to us at within five (5) days from the occurrence of such event; in which case, Smile Circle shall decide whether the refund has to be made, at its own discretion.

No Doctor-Patient Relationship

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between Smile Circle and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.

Content Ownership & Copyright

The contents listed on the Website are either (i) User generated content, or (ii) belong to Smile Circle. Irrespective of the source of Content, all content posted on the Website shall be owned by Smile Circle. The information that is collected by Smile Circle directly or indirectly from the End- Users and the Practitioners shall belong to Smile Circle. Copying of the copyrighted content published by Smile Circle on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Smile Circle reserves its rights under applicable law accordingly.

Reviews & Feedback

By using this Website, you agree that any information shared by you with Smile Circle or with any Practitioner will be subject to our Privacy Policy. You are solely responsible for the content that you choose to submit for publication on the Website, including any feedback, ratings, or reviews (“Critical Content”) relating to Practitioners or other healthcare professionals.

User terms and conditions

The User is prohibited to post any query/issue on the Q&A Platform, which comprises of any derogatory language, objectionable, pornographic and /or offensive content;

Any response provided by the Practitioner shall not be construed as medical advice on the Q&A Platform. Q&A Platform is a platform for exchange of information which is of general nature in a question and answer format. This cannot be construed as a medical consultation with the Practitioner, in any manner whatsoever.

Termination

Smile Circle reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,

• Such User breaches any terms and conditions of the Agreement;
• A third party reports violation of any of its right as a result of your use of the Services;
• Smile Circle is unable to verify or authenticate any information provide to Smile Circle by a User;
• Smile Circle has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
• Smile Circle believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Smile Circle or are contrary to the interests of the Website.

Limitation of Liability

In no event, including but not limited to negligence, shall Smile Circle, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages.

Applicable Law & Dispute settlement

You agree that this Agreement and any contractual obligation between Smile Circle and User will be governed by the laws of India.

Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Smile Circle. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Thane. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

Subject to the above the courts at Thane shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

Grievance Officer

If a User has any questions concerning Smile Circle, the Website, this Agreement, the Services, or anything related to any of the foregoing, Smile Circle customer support can be reached at the following email address: enquiries@smilecircle.comor via the contact information available from the following hyperlink: https://smilecircle.com/contact-us.

If you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

Name: Dr Manish Chitnis, Principal Dentist and Owner

Email: enquiries@smilecircle.com

Severability

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

Waiver

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Smile Circle. Any consent by Smile Circle to, or a waiver by Smile Circle of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

Representation & Warranties

By Using This Website You Represent And Warrant That:

• a. You are 18 years of age or older and that Your use of the Website shall not violate any applicable law or regulation;
• b. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
• c. You as a Registered or Non-Registered User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
• d. Your use of this Website shall be subjected to the following restrictions:
  • i. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  • ii. You will not decompile, reverse engineer, or disassemble the content, or
  • iii. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
• e. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
• f. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
• g. You will not host, display, upload, modify, publish, transmit, update or share any information that —

• (a) belongs to another person and to which the user does not have any right to;
• (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• (c) harm minors in any way;
• (d) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
• (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• (g) impersonate another person;
• (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

Indemnification

You hereby indemnify, defend, and hold Smile Circle, the Smile Circle's distributors, agents, representatives and other authorised users and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.

Modifications

Smile Circle reserves the right to modify any part of the Agreement at any time without giving You prior notice. When We update the Agreement, the next time You visit the Website, the Website will provide a message to you (which may be sent by email if You have provided Your Email Id) which will intimate You of the amendments. You do not agree to the amendments, please do not use the Website any further.

Complete Understanding:

The Agreement contains the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.

Force Majeure:

Smile Circle shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond Smile Circle's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.

Advice of Counsel:

Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.

Advertisement: Smile Circle shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website

Assignment: You may not assign or sub-license, without the prior written consent of Smile Circle, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.

Legal Disclaimer

While we ensure that all product information on the platform is complete and accurate, however, we advise you not to solely rely on this information. It is recommended to refer to the product manual and/or specifications provided by the manufacturer either on their website or along with the product.

This is applicable for all warnings, labels, ingredients and usage directions as well.

The use of any information provided on this platform is solely at the user's risk. Nothing contained on this platform shall be considered as medical advice.

Consumers are advised to contact the manufacturer for any further information and assistance. You expressly understand and agree that your use of the offering is at your sole risk and that the offering are provided as is and as available.