Kirsty's Smile Academy
Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
BY DOWNLOADING THIS APP 'KIRSTY'S SMILE ACADEMY' YOU ARE AGREEING TO THESE TERMS AND CONDITIONS BELOW.
1. Who we are and what we do Application to provide guidance, including short videos on every day dental care and oral hygiene. The app provides details of good habits when brushing teeth including caring for gums and indicators of common oral/tooth problems. The application my also provide you with symptoms of more serious dental/oral hygiene issues.
2. Your privacy We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Additional terms for specific Services In addition, the Services set out below will be governed by the following terms of use and privacy policies:
BY DOWNLOADING THIS APP 'KIRSTY'S SMILE ACADEMY' YOU ARE AGREEING TO THESE TERMS AND CONDITIONS BELOW.
1. Who we are and what we do Application to provide guidance, including short videos on every day dental care and oral hygiene. The app provides details of good habits when brushing teeth including caring for gums and indicators of common oral/tooth problems. The application my also provide you with symptoms of more serious dental/oral hygiene issues.
2. Your privacy We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Additional terms for specific Services In addition, the Services set out below will be governed by the following terms of use and privacy policies:
Service |
Web address of terms of use |
Web address of privacy policy |
Application to provide guidance, including short videos on every day dental care and oral hygiene. It provides details of good habits when brushing teeth including caring for gums and indicators of common oral/tooth problems. The application my also provide you with symptoms of more serious dental/oral hygiene issues. |
4. Passion's terms also apply The ways in which you can use the App and Documentation may also be controlled by the Passion's rules and policies https://passion.io/terms-of-service.policies operating system requirements. The app will be downloadable from google and the App store. The progressive web app is accessible via URL using desktop/laptop. A device with a minimum of 35 MB of memory.
5. Support for the app and how to tell us about problemsSupport. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://kirstys-smile-academy.passion.io/.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected]
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
6. How you may use the app, including how many devices you may use it onIn return for your agreeing to comply with these terms you may:
You must be 18 or over to accept these terms and buy the App.
8. You may not transfer the app to someone elseWe are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
9. Changes to these termsWe may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes, your access to the App will cease upon expiry of the notice period.
10. Update to the app and changes to the serviceFrom time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
11. If someone else owns the phone or device you are usingIf you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12. We may collect technical data about your deviceBy using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
13. We may collect location data (but you can turn location services off)Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your chosen device.
14. We are not responsible for other websites you link toThe App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15. App restrictionsYou agree that you will:
16. Acceptable use restrictionsYou must:
17. Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
18. Our responsibility for loss or damage suffered by youWe are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date and we will have no liability for your reliance on any of the guidance provided
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
19. We may end your rights to use the app and the services if you break these termsWe may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
20. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21. You need our consent to transfer your rights to someone elseYou may not transfer your rights or your obligations under these terms to another person.
22. No rights for third partiesThis agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement
23. Which laws apply to this contract and where you may bring legal proceedings
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
5. Support for the app and how to tell us about problemsSupport. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://kirstys-smile-academy.passion.io/.
Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at [email protected]
How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.
6. How you may use the app, including how many devices you may use it onIn return for your agreeing to comply with these terms you may:
- download or stream a copy of the App onto a maximum of two handheld devices and view, use and display the App and the Service on such devices for your personal uses only.
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
You must be 18 or over to accept these terms and buy the App.
8. You may not transfer the app to someone elseWe are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
9. Changes to these termsWe may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes, your access to the App will cease upon expiry of the notice period.
10. Update to the app and changes to the serviceFrom time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it.
11. If someone else owns the phone or device you are usingIf you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
12. We may collect technical data about your deviceBy using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
13. We may collect location data (but you can turn location services off)Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
You may stop us collecting such data at any time by turning off the location services settings on your chosen device.
14. We are not responsible for other websites you link toThe App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
15. App restrictionsYou agree that you will:
- except in the course of permitted sharing (see clause 2) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
- not disclose or communicate without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- not use the App to create any software that is substantially similar in its expression to the App;
- keep the App secure; and
- use the App only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
16. Acceptable use restrictionsYou must:
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service[, including by the submission of any material] (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
17. Intellectual property rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
18. Our responsibility for loss or damage suffered by youWe are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date and we will have no liability for your reliance on any of the guidance provided
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
19. We may end your rights to use the app and the services if you break these termsWe may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
20. We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
21. You need our consent to transfer your rights to someone elseYou may not transfer your rights or your obligations under these terms to another person.
22. No rights for third partiesThis agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement
23. Which laws apply to this contract and where you may bring legal proceedings
a. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
b. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).