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TERMS OF USE


This website, located at ________ (together with any affiliated or otherwise related or referenced websites, mobile applications or other services, the “Site”), is owned and operated by Opus Dental Specilaities (“Opus Dentals”, or “we” or “us”).

This Site facilitates the provision and delivery of the dental healthcare Services offered by Opus Dental Specialities to its Clients. The “Service”, whether accessed through the site or through the means of telephonic or electronic mail communication includes (i) providing individuals with information on dental care and oral health (“Content”); (ii) assistance in fulfilling their dental healthcare requirements; (iii) support with regards to communication, consultations, assessments, and the provisioning of treatment; (iv) development and gathering of health care records and health care information with retention of the same for use in Dentist appointments and communications; and (v) administrative support in connection with scheduling and payment for services provided by Opus Dental Specialities.

The website, any communication through email or interactive messaging are not intended to be used to: 

  1. Treat a medical emergency or medical condition, 
  2. Diagnose a medical condition.
  3. Advise or resolve medical, legal or financial issues beyond the scope of what has been agreed or provided. 


Terms and interpretation

The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any and all Agreements: 

“User”, "Client", “Patient”, "You" and "Your" refers to you, the person accessing this website and accepting Opus Dental Specialities’ terms and conditions. "Ourselves", "We" and "Us", refers to Opus Dental Specialities. 

"Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves, or third parties, as the context may require. 

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. 


Acceptance of Terms and Use

Your access to and use of this Site are subject to these terms of use (“Terms of Use”), as well as all applicable laws and regulations. Please read these Terms of Use carefully. If you do not accept, and agree to be bound by, any of these Terms of Use, you are not authorized to access or otherwise use this Site or any information, the Service or Content contained on this Site. Your access to and use of this Site constitutes your acceptance of an agreement to abide by each of these terms and conditions set forth below. We may change these Terms of Use from time to time, without advance notice, by posting the same here or elsewhere on the Site and you will be bound by any such changes if you continue to use this Site after the changes are posted. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use and will be in effect on the date of any such addition. We encourage you to review the Site and these Terms of Use periodically for updates and changes.

This Site is intended for use only by persons who are at least 18 years of age or such other age of majority if different from 18 in your jurisdiction of residence. For individuals who are under age 18 or such other age of majority if different from 18 in their jurisdiction of residence, or are individuals with any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, medication, or any other health or other problem that could impair judgment. A parent or legal guardian must accept these Terms of Use on his or her behalf. 


Your Relationship with Opus Dental Specialities

Opus Dental Specialities is a comprehensive dental healthcare services Provider with its clinics based in India.

The Opus Dental Specialities website provides a platform for you to explore a range of Dental Healthcare related Services that may be of interest to you.

The website and our interactive email and messaging services facilitates the in-person delivery of dental and orthodontic treatment including advice, care, diagnosis, surgery, and related services, through online/virtual interactions that helps us better understand your needs and enables us to schedule your appointment with us.

Nothing transmitted to or from our website or by electronic communication constitutes the establishment of a doctor-patient relationship between you and any professional or person providing information or advice through the site.




Medical Emergencies

For any medical emergency, you must immediately contact the emergency services number in your country. Information or advice provided on the Website by professionals should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment.

You also agree to always seek the advice of a physician or other qualified health provider with any questions that may have regarding a medical condition. 

You further agree never to disregard professional medical advice or delay in seeking it because of something that has been read on Opus Dental Specialities’ website or online chat or phone call or Email communication with us.


User Responsibility

You hereby accept and acknowledge the limitations associated with consultations or other services exclusive of physical examination, in-person legal advice or onsite and extensive investigations.

All content (including health content on forum and articles) on the platform is for informational purposes only. The content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. 

Nothing on this Website should be used for treating or diagnosing a medical or health condition and you must never disregard professional medical advice or delay seeking it because of information provided through the Site.




Website Content

The information on this Website (including but not limited to video consult, live chat, emails, phone support) is provided for general informational purposes only and SHOULD NOT be relied upon as a substitute for sound professional medical advice, evaluation or care from my physician or other qualified healthcare providers. 

None of the Content you may access on the Site (other than information you receive from one of our Dentists following a Consultation, and expressly stated to be dental or medical advice) should be considered dental or medical advice or an endorsement, representation or warranty that any particular procedure, medication or treatment is safe, appropriate, or effective for you. Opus Dental Specialities makes no representation that the Service, Content and/or other material described on the Site are appropriate or available for use in locations outside India.


Messaging

We provide an interactive messaging service (“Messaging Feature”) on the site and/or via SMS/ WhatsApp that you can use to ask basic questions regarding oral health and accessing dental care and our Services. All responses provided via the messaging Feature are for basic information purposes only and are not intended to and do not constitute dental, medical or any other type of professional advice and in no way does such basic communication create a provider/patient relationship. The communication you receive via the messaging Feature may be provided by a live person or an automated system or a combination thereof.


Patient Duty to Provide Information

If you choose to avail our Services you also have a duty to provide truthful and accurate responses on any patient forms or information requests.

You understand that we may send you messages, reports, and e-mails via the Site/ established Communication channels (email, SMS, WhatsApp) regarding the treatment of your condition. It is your responsibility to monitor these messages, reports, and e-mails. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to read these messages or for your failure to comply with any care recommendations contained in these messages.

Critical Pre-existing medical conditions:

You understand that upon choosing to avail our Services, you have a duty to provide us with information regarding any pre-existing medical conditions that would ordinarily require that the usual mode of delivery of the Services be altered to accommodate such conditions or tailored to suit your medical requirements, including: allergen information, etc. 


Fees Estimate

You acknowledge and accept the limitations associated with consultations or other services exclusive of physical examination, in-person legal advice or onsite and extensive investigations. Consequently, any fee structure or rate for services that is communicated to you via email or other interactive platform is only indicative in nature and is intended to assist in decision making. It does not constitute a promise on our part to offer in-person professional services at that fee rate.

Opus reserves the right to modify its pricing structure at any time and implement the new pricing structure at any time prior to billing the client for services rendered.


Promotions/ Offers

The validity, duration or applicability of any offers, discounts or promotions presented on the website will at all times be subject to Opus Dental Specialities’ sole discretion. 


Refund

Opus Dental Specialities will not, under any circumstances, refund payment for any consultation, once charged. If you have a question about how you are charged, you must get in touch with our representatives or contact us at ____________________________ immediately. 


Security of Passwords and Personal accounts

You are entirely responsible for maintaining the confidentiality of your password and account access information for your personal communication platforms including email accounts, interactive messaging services and other related services that you may use to communicate with us. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, by e-mailing us at __________. You agree that you will not hold us liable for any loss, injury, or claims of any kind resulting from your failure to comply with this section.


Privacy Policy

Opus Dental Specialities understands the importance of confidentiality and privacy regarding your personal information. Please see our privacy policy located at _______ (the “Privacy Policy”) for a description of how we may collect and use your personal information. The Privacy Policy is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.


Ownership of Information Submitted via the Site

With the exception of any personal data or information you submit, maintained in accordance with our Privacy Policy ( which may be governed by jurisdiction-specific privacy laws and regulations), any information you transmit to us via the Site, whether by direct entry, submission, messaging, email or otherwise, including data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Opus Dental Specialities.

Such information may be used for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. Opus Dental Specialities shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Opus Dental Specialities via the Site or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.


Prohibited Use

Any use or attempted use of this Site (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party’s use and enjoyment of the Site; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by Opus Dental Specialities to be made accessible to a user; (vi) to obtain any materials or information through any means not intentionally made available by Opus Dental Specialities; or (vii) any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Site, you agree you will not (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; (b) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Opus Dental Specialities representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Site’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, this Site or any related networks or systems; (m) harvest or otherwise collect information about others, including e-mail addresses; or (n) use any robot, spider, scraper, or other automated or manual means to access this Site, or copy any content or information on this Site.

Opus Dental Specialities reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing. Opus Dental Specialities may cooperate with law enforcement authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be expressly limited by the Privacy Policy, Opus Dental Specialities reserves the right at all times to disclose any information as Opus Dental Specialities deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Opus Dental Specialities’ sole discretion.


Advertisements

Opus Dental Specialities, reserves the right to place any third party advertisements on the Site at any time and without notice or consent and without attracting any liability in this regard. 

To the fullest extent permitted by law, Opus Dental Specialities is not responsible for the content of third-party advertisements, linked third-party sites, sites framed within the Site, and does not make any representations regarding their legality, content or accuracy.

Opus does not endorse any third party product or service advertised on the Site unless any such endorsement is expressly stated by Opus Dental Specialities.

Right to Monitor

Opus Dental Specialities reserves the right to monitor the use of this Site at any time as it deems appropriate and to remove any materials that, in Opus Dental Specialities’s sole discretion, may be illegal, may subject Opus Dental Specialities to liability, may violate these Terms of Use, or are, in the sole discretion of Opus Dental Specialities inconsistent with Opus Dental Specialities’ purpose for this Site.


Third Party Content: No Editorial Control

To the extent that any of the Content included in the Site is provided by a third party content provider or other Site users, Opus Dental Specialities has no editorial control or responsibility over such Content. Therefore, any opinions, advice, statements, products, services or other information expressed or made available by professionals, other third parties or other users on this Site are those of such professionals, third parties or users, respectively. Opus Dental Specialities does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Site or referenced content of Dentists will not infringe the rights of third parties not owned by or affiliated with Opus Dental Specialities.


Links to Third Party Sites

This Site may contain hyperlinks to other sites owned and operated by parties other than Opus Dental Specialities. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and cannot be held responsible for their content or accuracy and do not endorse these sites unless we specifically so state. In the event this Site provides hyperlinks to other websites that are not owned, operated or maintained by us, you acknowledge and agree that Opus Dental Specialities is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. Opus Dental Specialities is under no obligation to maintain any link on this Site and may remove a link at any time in its sole discretion for any reason whatsoever. We shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Opus Dental Specialities is not responsible for the privacy practices of any other websites.


Disclaimers

The Service, Content and other information contained on this Site are provided by Opus Dental Specialities as a convenience to its users. Users relying on Content or other information from this Site do so at their own risk.

THE WEBSITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. OPUS DENTAL SPECIALITIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE. OPUS DENTAL SPECIALITIES MAKES NO WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.

Limitation of Liability

IN NO EVENT SHALL OPUS DENTAL SPECIALITIES NOR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, MALPRACTICE, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF THE WEBSITE OR VIDEO CONSULTING OR PHONE SERVICE OR EMAIL COMMUNICATION OR FACE TO FACE PROFESSIONAL SERVICES. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF OUR SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. 


Indemnification

You agree to defend, indemnify, and hold harmless Opus Dental Specialities its affiliates, contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of this Site, any instance of fraud, violation of law, or willful misconduct, and any breach of these Terms of Use committed by you.




Notices

Any notices to you from Opus Dental Specialities regarding the Site or these Terms of Use will be posted on this Site or sent by e-mail.


Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.


Intellectual Property Rights

Except as otherwise expressly stated, all content appearing on the Site are the copyrighted work of Opus Dental Specialities or its third-party content providers and is protected by all applicable Indian and international copyright laws. The compilation (meaning the selection, coordination, and arrangement) of the Site is also the exclusive property of Opus Dental Specialities and is protected by Indian and international copyright laws.

Except as otherwise expressly stated herein, you may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any information or Content obtained from the Site, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Opus Dental Specialities or any applicable third-party suppliers. The use of Content, including images, by you, or anyone else authorized by you, is prohibited unless specifically permitted by Opus Dental Specialities. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Opus Dental Specialities does not warrant or represent that your use of Content or any other materials displayed on the Site will not infringe rights of third parties. Your use of any of the Content beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided Content. Opus Dental Specialities is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless Opus Dental Specialities from and against any losses or claims, by an owner of data or image rights or any third party resulting from any violation of these Terms of Use.

Certain trademarks on the Site are the service marks and trademarks of Opus Dental Specialities or its licensees. The domain name for the Site, the Opus Dental Specialities logo and elements of the design of the Site are service marks, trademarks, logos, and/or trade dress of Opus Dental Specialities. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Site are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Site without the prior written authorization of Opus Dental Specialities.

Permission for all other uses of Content, service marks, trademarks, logos, trade dress or other intellectual property contained herein, including reproducing and distributing multiple copies or using Content, service marks, trademarks, logos, trade dress or other intellectual property on any other website or networked computer or linking to any page of the Site, must be obtained from Opus Dental Specialities or the appropriate rights owner in advance; otherwise, such use is prohibited. Requests for such authorization from Opus Dental Specialities should be submitted via email. All design rights, databases and compilation and other intellectual property rights associated with the Site, in each case whether registered or unregistered, and related goodwill, are proprietary to Opus Dental Specialities.


Claims of Intellectual Property Infringement

Opus Dental Specialities respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and Opus Dental Specialities asks our users to do the same. Opus Dental Specialities therefore employs measures to prevent copyright and other intellectual property infringement on the Site. If you believe that your work has been copied in a way that constitutes copyright or other intellectual property infringement, please send a written notification of the claimed copyright or other intellectual property infringement to us at ______________________________________.


Entire Agreement

These Terms of Use, the Privacy Policy and other policies Opus Dental Specialities may post on this Site or transmit to you and/or that you and Opus Dental Specialities may execute, constitute the entire agreement between Opus Dental Specialities and you in connection with your use of the Site and supersedes any prior agreements between Opus Dental Specialities and you, including prior versions of these Terms of Use, regarding use of the Site and services.


Force Majeure

We shall not be liable for any failure to perform any obligation under this or any Agreement which is due to an event beyond our control including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. In any such event, we shall forthwith inform you of the same and shall use all reasonable endeavours to comply with the terms and conditions contained herein. 


Governing Law & Jurisdiction; 

These Terms of Use are governed by the laws of the Republic of India, without regard to conflict of law principles. Any disputes arising out of or in connection with this agreement and/or related terms will be subject to the jurisdiction of the courts located in Mumbai, Maharashtra, India. 

You agree to attempt to mediate any such dispute through arbitration or other alternative dispute resolution mechanisms, in India and to abide by all limitations of liability contained herein.


Severability of Provisions

All parts of these Terms of Use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this Agreement or any of its clauses shall be effective unless it is expressly stated to be such and signed by both Parties. 


No Agency Relationship

Neither these Terms of Use, the Privacy Policy, the Service, nor any Content, materials or features of this Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.


Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.




Assignment

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void. Opus Dental Specialities may, in its discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some of all of the assets or business of Opus Dental Specialities is transferred to another entity by way of merger, sale of its assets or otherwise.


Contacting Us

If you have any questions or concerns about these Terms of Use, please contact us here: __________________________________ or at the mailing address provided below. We will attempt to respond to your questions or concerns promptly after we receive them.

Mailing Address:

________

These Terms of Use were last updated on _____________________.