- Outline your legal rights on makeO Website
- Explain the rights you give to us when you use makeO Website & Services
- Describe the rules everyone needs to follow when using the makeO Website & Services
Use of makeO Website ("website") Is Subject to Your Adherence to The Following Terms
2. Ownership of the Website and Website Information
The website is expressly owned and operated by Ampa Orthodontics Pvt Ltd (“Ampa” “We” “Us”). Unless otherwise noted, the design and content features on the Website, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (the "Website Information"), are owned by Ampa or its affiliates or are licensed from third party service providers by Ampa. makeO and the website names, logos logos including toothsi and skinnsi, and other identifying marks are the property of Ampa. The website, as a whole and in part, is protected by copyright, trademark, service mark, trade name, and other intellectual property and other proprietary rights, and all other applicable rights are reserved.
3. PRODUCTS AND SERVICES
Product means and include the clear aligners and other products available on the Website. “Services” means services in respect of the clear aligners provide by AMPA and skin care services like laser hair reduction, derma facial, acne treatment etc. It is clarified the clear aligners and dental products and services are/were catered under the brand name “Toothsi” owned and controlled by AMPA while the products and services with respect to skin care are/ were catered by brand name “Skinnsi” owned and controlled by AMPA and makeO is a parent brand for Toothsi and Skinnsi . The Services in respect of the aligners and skin care may be provided at our own clinic and/or through third party extended clinics (“Extended Clinics”) which are operated independently by professionals. While the professionals at the Extended Clinics would be provided relevant information in respect of the aligners and skin care, You hereby agree that we would not be responsible in manner whatsoever for the services or procedures carried out by such professionals at such Extended Clinics. You may avail or book the skin related services provided by makeO for your friend and family. You may please note that the recipient of services shall be governed by makeO Terms and shall provide necessary information as may be required or sought at the time of providing such services.
4. Use of The Website's Content
Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Ampa or any third party.
5. User Conduct:
You agree to use the website and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Your right to use the Website and the Services is personal to you and you may not authorize others to use the Website and the Services, and you are responsible for all use of the Website and the Services by you and by those you allow to use, or provide access to, the Website and the Services.
Illegal and/or unauthorized uses of the website, including efforts to collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
We may at our sole discretion, terminate your ability to use the website and prosecute you to the fullest extent allowed by law if you :(a) post or transmit any material that is unrelated to the subject matter of the website; (b) violate or solicit the violation of any applicable local, state, national or international law or regulation; (c) violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights; (d)interfere with or disrupt the website, computer servers or boards accessible through the website; (e) intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose; (f) impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity; (g) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (h)promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
(i) engage in or facilitate the transmission of unsolicited mass mailing or spamming
6. Disclaimer or Warranty and Limitation of Liability:
You acknowledge that you are using the site and the services at your own risk. The site, the site information and the services are provided "as is," and to the full extent permitted by applicable law, Ampa, its affiliates and its third party service providers hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, non-infringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form.
Ampa, its affiliates, and its third party service providers do not represent or warrant that access to the site and its services will be uninterrupted or that there will be no failures, errors or omissions, or loss or security breach of transmitted information, or that no viruses will be transmitted through access to or use of makeO.app. Ampa, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this agreement, the provision of services hereunder, the sale or purchase of any merchandise ordered through the site, your access to or inability to access the site, site information, or services, including for viruses alleged to have been obtained from the services, your use of or reliance on the services, the site information or materials available through third party sites linked to the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Ampa and any other party involved in creating, producing or distributing the website, and their officers, directors, subsidiaries, employees, affiliates, agents, partner, successors and assigns (the released parties') will not be liable for any claims, demands and direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Ampa has been advised of the possibility of these damages) resulting from your use of the website, website content and website services. Under no circumstances will the released parties total liability of all kinds arising out of or related to your use of the website and website content (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort or otherwise, exceeds the sum of ₹ 5000/-.
7. Medical Disclaimer
All information contained on this 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 is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website by itself does not create a doctor/patient relationship.
makeO respects your right to privacy. We may collect registration and other information about you through the website. Our Privacy Statement available governs our collection and use of this information. The Privacy Statement also explains how your information is used and who has access to.
9. Telemedicine Consent:
When you register in and avail the makeO Services, we give you the option (under certain circumstances) prior to the treatment or during treatment to choose/opt for in-person consultation at your home or consultation via video and telephone conferencing. On selection of the mode, you understand and acknowledge that you have duly accorded your express as well as implied concurrence in accordance with the consent form for providing information required during these calls along with any impressions, scans, radiographs (x-rays) and photographs, as required on a case to case basis for diagnosis, treatment planning and progress tracking, to us.
10. Personal Information
11. Copyright/ Intellectual Property Infringement
makeO respects the intellectual property rights of others, and requires you to do the same. It is the policy of makeO to terminate the access privileges of those who repeatedly infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact makeO at the address below and provide the necessary information: E-mail: email@example.com or firstname.lastname@example.org.
13. Electronic Communications
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically with respect to toothsi and/or skinssi.. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Feedback and content submission
15.Modification and Termination of Website
Ampa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Ampa shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Ampa may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, Ampa disclaims any responsibility to update, improve or change this website.
16. Other Websites and Resources
Third parties using the website may provide links or access to other websites and resources. Because makeO has no control over such sites and resources, you acknowledge and agree that Ampa/makeO is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ampa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
17. SMS Terms & Conditions
By providing your cell phone number, you have provided Ampa/makeO with consent to send you text message alerts, notifications and reminders. By providing this consent, you are authorizing Ampa/makeO or its respective brands to contact you using automatic telephone dialing systems, automatic texting systems and artificial or pre-recorded messages. By providing this consent, you have also represented that you are the owner or customary user of any cell phone number, which you have provided to us. Your cellular providers Message & Data Rates May Apply. We also reserve the right to terminate our text message program at any time.
Please be aware that if you are having any problems receiving text messages or if you wish to stop this service at any time, you can do so by contacting us at email@example.com or firstname.lastname@example.org or using the following number: +917303330000.
19. Legal Disputes
20. Modification of Agreement
22. Women's day special offer
Terms and condition for the makeO skinnsi - Women's day special offer, dated 3rd to 15th March 2023 are added here.