In consideration for the payment by the Dentist of the Subscription Fee, mySmileSim.Dental Pty Ltd hereby grants a licence to the Dentist to use the intellectual property and software known as mySmileSim.
Payment of the monthly Subscription Fee shall be made by the Dentist to mySmileSim.Dental Pty Ltd by supplying a valid debit or credit card number in the Billing Details section of the software.
mySmileSim.Dental Pty Ltd may vary the Subscription Fee from time to time. Any variation shall be advised to the Dentist by email not later than 60 days from date of effect of variation.
This licence will continue until either party gives to the other a written Notice of Termination of the licence or the licence is otherwise terminated as provided for herein.
If a payment is declined or the credit card details are removed, the Dentist will still be able to log in to the software, but access will be limited to the Billing Details page where an active credit card can be entered to re-activate the subscription.
Whilst all due care and attention will be taken by mySmileSim.Dental Pty Ltd to provide continuity of service of the product, mySmileSim.Dental Pty Ltd will not be liable for any claim, demand, suit, action, loss or damage sustained by the Dentist arising out of or in connection with the use or availability of mySmileSim.
MySmileSim.Dental Pty Ltd will not be responsible for or liable to any party arising out of or in connection with the use of mySmileSim and the Dentist hereby indemnifies MySmilesim.Dental Pty Ltd against any claim, suit or demand arising out of or in connection with the use of mySmilesim.
The Dentist acknowledges mySmileSim is intended to provide a computer dental simulation only and is not intended, nor is it represented as such, to provide a dental plan or any other dental services.
Nothing in this licence is intended to, nor shall it create or be deemed to create a partnership or any other legal relationship between mySmileSim.Dental Pty Ltd and the Dentist.
By making payment of the Subscription Fee and accessing mySmileSim the Dentist hereby acknowledges that the Dentist has read and understood these terms and conditions and that the Dentist agrees to be bound by the same in the same manner as if the Dentist had signed a written agreement to that effect.
Any notice required to be given in respect of this licence shall be given to the recipient at the email address supplied during registration and shall be deemed to have been received within 6 hours of sending.
Any dispute ( if not resolved by the parties ) or litigation arising out of or in connection with this licence shall be addressed in a court of competent jurisdiction in the State of Western Australia sitting in Perth.
Of particular note is the issue of patient confidentiality as mySmileSim.Dental understands the need for strict confidentiality and protection of patient data
Patient information will NOT knowingly be shared, transmitted or made available to third parties particularly other Dentists
Patient data is encrypted and image filenames are randomized for protection
If a Dentist has terminated their Subscription and a patient sends in a request for a simulation, the procedure is :-
a) mySmileSim.Dental Pty Ltd will attempt to contact the Dentist by email (and possibly by phone) to offer the Dentist a chance to re-activate their account,
b) If the dentist does not accept the opportunity, the patient may be referred to another Dentist in the geographical area who is a subscriber to mySmileSim.