Terms and Conditions

E Smile Services DMCC maintains ugrin.net Website (“Site”). The following are the terms of use that govern the use of the Site (“Terms of Use”). By using the Site you expressly agree to be bound by these Terms of Use and ugrin.net privacy policy and to follow these Terms of Use and all applicable laws and regulations governing the use of the Site. E SMILE SERVICES DMCC reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, E SMILE SERVICES DMCC may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

PRE-TREATMENT REQUIREMENTS

You are required to have seen a licensed dentist within the preceding 6 months of your initial U Grin Aligner evaluation consultation, where you had x-rays taken by the dentist showing that you have no root canal, periodontal challenges, or any other problems hindering you from taking our U Grin Aligner treatment. At any time you can produce and share these x-rays for and with us to review when necessary.

PATIENT INFORMED CONSENT AND AGREEMENT

You acknowledge, read, understand, and agree with this form. It’s important you understand the risks and benefits of Clear Aligner therapy.

Informed consent & agreement: I have read and understood the content of this document describing the considerations and risks of invisible aligners. I have been sufficiently informed and have been given the opportunity to discuss this form and its contents with E Smile Services DMCC, and to have my questions adequately answered. I have been asked to make a choice about my treatment, and I hereby consent to receive treatment with clear aligners manufactured by E Smile Services DMCC’s supplier as planned, prescribed and provided by E Smile Services DMCC. I agree to follow E Smile Services DMCC’s treatment exactly as s/he plans, prescribes, and provides it for me, and I understand that any questions, concerns, or complaints I have regarding my treatment must be communicated to E Smile Services DMCC as soon as they arise.

I acknowledge that neither E Smile Services DMCC nor E Smile Services DMCC’s supplier, its employees, orthodontists, representatives, successors, assigns, affiliates, or agents, have, can, or will make any promises or guarantees as to the success of my treatment or give any assurances of any kind concerning any particular result of my treatment. I understand that E Smile Services DMCC’s supplier does not practice dentistry or give medical advice. I understand that E Smile Services DMCC’s supplier manufactures medical devices based on instructions from E Smile Services DMCC. I understand that I should always contact E Smile Services DMCC in the first instance (not E Smile Services DMCC’s supplier) regarding my expectations, difficulties, results, or any other aspects of my treatment.

I understand that it may be necessary to take impressions, intraoral scans, digital model scans, radiographs (x-rays), and/or photographs for diagnosis, professional review by E Smile Services DMCC, or other consulting dentists and orthodontists, and submission to E Smile Services DMCC’s supplier. I recognize that these will be included in my medical records, which records encompass “individually identifiable health information” as that term is defined and protected by the HIPAA Privacy Rule. I understand that E Smile Services DMCC, as a covered entity under HIPAA, is not required to obtain my consent to use and disclose my individually identifiable health information for treatment, payment, and health care operations activities, but has chosen to do so voluntarily through this document. I further agree that E Smile Services DMCC or E Smile Services DMCC’s supplier may use my medical records for research and educational purposes, but only to the extent that no individual identifiers, including but not limited to my name or address, are disclosed. I hereby consent to such uses and disclosure(s) as described herein.

Unless otherwise permitted or required by law, other uses and disclosures of my medical records, including advertising or marketing by either E Smile Services DMCC or E Smile Services DMCC’s supplier, shall be made only with my prior written authorization (for which I acknowledge E Smile Services DMCC or E Smile Services DMCC’s supplier may use my contact information to seek to obtain). I acknowledge I will not, nor shall anyone on my behalf, seek or obtain damages or remedies—legal, equitable, monetary, or otherwise—arising from any use of my medical records that complies with the terms of this Informed Consent and Agreement.
I acknowledge I have read, understand, and voluntarily consent to the use of invisible aligners in accordance with terms of this Informed Consent and Agreement

WARRANTIES AND DISCLAIMER

Clear Aligner Therapy is unpredictable. E Smile Services DMCC does not guarantee a successful treatment outcome. Individual results will vary.

All information, data, and materials provided through or in the Services, including information relating to dental, medical and health conditions, products and treatments, is provided for informational purposes only and does not constitute medical advice, recommendations, or warranties of any kind. The information provided should not be considered complete as it is not exhaustive and does not cover all ailments, physical conditions, or treatment. The information provided is not a substitute for the advice of an appropriate medical professional, or any information contained on or in any product packaging or labels.

We assume no liability for any advice, consultation, or services furnished by such dental, medical and health professionals, in reliance of your use of the Services . Your reliance on any information provided by us or otherwise appearing through your use of the Services provided is done so solely at your own risk. Should you have any dental, medical or health-related queries, please see your dentist, doctor or health professional promptly. You should not disregard any dental or medical advice or delay seeking any dental or medical advice because of any information provided by us through the Services, and you should not use the services for diagnosing or treating a dental, medical or health problem, or prescribing medication.

The use of the Services or communication between you and us, does not constitute or create a dentist-patient, doctor-patient relationship or other fiduciary relationship between you and us.

E Smile Services DMCC warrants that its products: (i) shall conform to the specifications represented in the treatment setup approved by the dental team; and (ii) are free from defects in material and workmanship. E Smile Services DMCC shall not be liable for: (i) any defects that are caused by neglect, misuse, or mistreatment of its products by the doctor, patient, or any third party; (ii) any defects that are caused by failure to follow directions including (but not limited to) wearing aligners out of sequence not wearing aligners for the entire duration of the specified wear schedule, or wearing aligners for less than 22 hours per day; (iii) any products being used in combination with other third party products.

ELIGIBILITYT O USE THE SITE AND SERVICES

The Site and the Services are not intended for users under the age of 18. To register for any Services offered on the Site, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use the Site in conjunction with your parents or guardians.

LIMITED LICENSE

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. E SMILE SERVICES DMCC may change, suspend, or discontinue any aspect of the Site at any time. E SMILE SERVICES DMCC may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

1. SITE OPERATION: United Arab Emirates is our Country of Domicile. E SMILE SERVICES DMCC controls this Site from the U.A.E. E SMILE SERVICES DMCC makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

2. APPLICABLE LAW: The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

3. MULTI-CURRENCY PRICED TRANSACTION: The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

4. PURCHASES: E SMILE SERVICES DMCC accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of E SMILE SERVICES DMCC. All refunds will be made onto the original mode of payment.

5. PAYMENTS: If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and www.ugrin.net policies and rules. Monthly plan payment option may result in multiple postings to the Cardholder’s monthly statement. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt.

6. DELIVERY: We deliver our Products to all Countries and mainly UAE. Shipping will be done by a third-party courier.
Delivery shall be in 10 – 14 working days and from 14 to 21 working Days to Other Countries after receiving the payment. There are no additional delivery charges. Avoid any delivery delay by providing your full address along with your contact details.

7. CANCELLATION: Customer can cancel their order within 24 hours; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed.

8. REFUND: If you have deemed any of the Services unsatisfactory, a written explanation through your Feedback is needed before we may, at our sole discretion, consider a refund. Each case will be assessed on a case-by-case basis.
In case approved, refunds will be done only through the Original Mode of Payment

9. OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES: E SMILE SERVICES DMCC will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific

10. REPRESENTATIONS BY YOU: By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to E SMILE SERVICES DMCC through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

11. PERMITTED USE: You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by E SMILE SERVICES DMCC to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by E SMILE SERVICES DMCC to do so. The content and software on this Site is the property of E SMILE SERVICES DMCC. The cardholder must retain a copy of transaction records and Merchant policies and rules.

12. YOUR ACCOUNT: If you use E SMILE SERVICES DMCC Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

13. USER CONTENT: You affirm, represent and warrant that you own or have the necessary licences, rights, consents and permissions to publish all information, data, text, sound, photographs, graphics, video, messages, posts, tags, software or other material you make available in connection with the Services (the “User Content”) that you submit, whether posted publicly posted, privately transmitted or submitted through a third party.
You grant the E Smile Services DMCC a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any User Content you post or in connection with the Services. Our right to use your User Content survives the deletion or suspension of your User Account.
You are wholly responsible for all User Content that you post, upload, email, transmit or otherwise make available via the Services. The E Smile Services DMCC may, but has no obligation to monitor the User Content posted to the Services. The E Smile Services DMCC may at any time and for any reason screen, monitor, review, refuse or remove any User Content that violates these Terms or is otherwise offensive or objectionable. You understand that you may be exposed to User Content that is offensive, indecent or objectionable by using the Services and the E Smile Services DMCC is in no way liable for any loss or damage resulting from the use of User Content made available through the Services.

NO COMMERCIAL USE

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain E SMILE SERVICES DMCC’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. E SMILE SERVICES DMCC will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site

LINKS AND SEARCH RESULTS

The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. E SMILE SERVICES DMCC has no control over these sites or the content within them. E SMILE SERVICES DMCC does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. E SMILE SERVICES DMCC does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against E SMILE SERVICES DMCC for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at [email protected]

COPYRIGHT POLICY

E SMILE SERVICES DMCC may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

INTELLECTUAL PROPERTY

Although E SMILE SERVICES DMCC is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through E SMILE SERVICES DMCC’s system. The On-line Materials are E SMILE SERVICES DMCC’s intellectual property, and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of E SMILE SERVICES DMCC, except as expressly and specifically permitted under these Terms of Use.

The online materials are and will remain the exclusive property of E SMILE SERVICES DMCC. All rights, titles and interests in and to the online materials will be and remain vested solely in E SMILE SERVICES DMCC. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the online materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the online materials to create a product for resale or to use the online materials in any way that competes with E SMILE SERVICES DMCC.

You acknowledge and agree that E SMILE SERVICES DMCC will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At E SMILE SERVICES DMCC’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to E SMILE SERVICES DMCC or perfect these rights, titles or interests in E SMILE SERVICES DMCC’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. E SMILE SERVICES DMCC MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. E SMILE SERVICES DMCC ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. E SMILE SERVICES DMCC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF E SMILE SERVICES DMCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF E SMILE SERVICES DMCC WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.

VIOLATION OF TERMS OF USE

You understand and agree that in E SMILE SERVICES DMCC’s sole discretion, and without prior notice, E SMILE SERVICES DMCC may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information if E SMILE SERVICES DMCC believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of E SMILE SERVICES DMCC, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to E SMILE SERVICES DMCC for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. E SMILE SERVICES DMCC may release user information about you if required by law or subpoena.

INDEMNITY

You agree to indemnify and hold E SMILE SERVICES DMCC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

License GRANTED TO YOU

By providing materials to E SMILE SERVICES DMCC, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted E SMILE SERVICES DMCC an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. E SMILE SERVICES DMCC may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against E SMILE SERVICES DMCC for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to E SMILE SERVICES DMCC. Any communication or materials you send to E SMILE SERVICES DMCC will be treated as non- confidential and non-proprietary and may be disseminated or used by E SMILE SERVICES DMCC for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

ADVERTISING

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. E SMILE SERVICES DMCC is not responsible for the acts or omissions of any advertiser or sponsor.

SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.