Smileo Limited (hereinafter “Smileo”) offers a virtual marketplace that connects patients looking for dental and facial aesthetic treatments with general dental practitioners providing such treatments (hereinafter the “Service(s)”) including notably:
The SmileoPro Service, a B2B professional Service available to Smileo General Dental Practitioner (hereinafter “GDP” or “GDPs”) Members over the Internet or through their mobile phone. Some Smileo Service features are available free of charge while others require Members to pay a flat-rate Subscription fee.
The Smileo Service, a B2C Service available to end users and providing them with relevant content and information about dental and facial aesthetic treatments, advertising and offers from our partner network and a recommendation engine for GDPs based on their personal requirements.
By accessing or using any part of the site, you accept, without limitation or qualification, these Terms. If you do not agree with all of the Terms set forth below, you may not use any portion of the site. Price information found on this site is subject to change without notice. Smileo Ltd reserves the right to change these Terms and Conditions of Use at any time without notice, but will not change these Terms in relation to memberships which have been been placed and acknowledged by Smileo Ltd before the change is made.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
The cost of equipment (computer, software, telecommunications, etc.) enabling access to the Services as well as the communication costs incurred by their use are solely borne by the Member.
Access to a basic SmileoPro Membership is free. It lets GDPs discover the Services and provides access to the following features:
Services features available to all SmileoPro Members (including Members with free accounts)
The Member may then add to its profile by providing information as to its profession, additional places of work, treatment types provided and any other professional and personal information the Member wishes to publicly disclose to other Members or through the Services, including personal contact details (email address, mobile phone, landline number, social media profiles, personal / professional website URL etc.). This information may be modified at any time by the Member from the “My SmileoPro Account” section.
The Member warrants that the information it communicates is accurate. The Member agrees to immediately inform Smileo of any changes to the data provided at the time of registration and, if necessary, to make these changes on its personal space on the Sites. When the terms and conditions for registration are met, each Member has a username (name indicated by the Member) and a password, which are strictly personal and confidential and which must not be communicated or shared by the Member with third parties.
Except in the event of Smileo’s own wrongdoing or technical failure of the Service(s), the Member will be responsible for the use of its username and password or other identifiers by third parties or actions or statements made through the Member’s personal account, whether fraudulent or not, and will indemnify and hold Smileo harmless against any claims in this respect. Furthermore, Smileo is not required and does not have the technical means to ensure the identity of the persons registering for its Services. If a Member has reason to believe that a person is using its username and password or account, that Member must immediately inform Smileo.
The Member has the possibility to subscribe to a paid subscription, with or without options, and therefore to benefit from the following features:
Services features available to any Member (including Members with free accounts):
Features only available to Members with a Subscription:
To obtain a paid Subscription and gain access to all the features of the Site and Services accessible to it, the Member must either create an account, fill out their details and select and pay for their package or get in touch with the Smileo team and identify themselves using their email address, GDC number and a form of ID (Passport, driver’s licence or ID card).
As a security and quality measure, Smileo may deactivate accounts of Members who have not used the Services for 6 (six) months, or more and for whom no Subscription remains valid. In the case of paying Members, this six-month period begins on the date that the last Subscription expired.
In addition, any messages exchanged through the Sites and saved by the Member on its account are automatically deleted at the end of a one-year period. The analytics data contained in the “My Smileo Analytics” section is deleted after twelve (12) months.
Pursuant to the Consumer Contracts Regulations, the Member has fourteen days from its subscription to the Services to exercise its right to cancel its registration, without penalty and without reason, by writing a clear and unambiguous statement that the Member wishes to cancel, including the member’s personal details and GDC number, and sending its completed cancellation statement by email to firstname.lastname@example.org.
Only applications related to the exercise of this right to cancel will be processed from these contact addresses. The cancellation period expires fourteen days after the contract conclusion date.
To comply with the cancellation period, the Member need only submit the clear and unambiguous statement of cancellation before the expiry of the cancellation period.
If the Member does not wish to have immediate access to the Service(s), that Member may wait until the expiry of the cancellation period before accessing their account and using the Service(s). However, if the Member connects to its Smileo account before the expiry of this period, Smileo will deem this initial connection following taking out a Subscription as an express request from the Member to have immediate access to the Service(s).
If the Member requests to begin the performance of Services during the cancellation period, he/she shall pay Smileo an amount which is in proportion to what has been performed until the Member have communicated to Smileo his/her cancellation form the Services, in comparison with the full coverage of the Services.
Pursuant to the Consumer Contracts Regulations, in the event the Member has requested the performance of the Service(s) to begin during the cancellation period, he or she shall pay an amount proportionate to the Service(s) provided to him or her until Smileo has been informed of the exercise of its right to cancel, prorated from the total price of the Service(s). In such case, Smileo will refund the Member of the difference between the amount paid at the subscription of the Service(s) and the amount equal to the prorated number of days elapsed between the day of the subscription to the Service(s) and the day of cancellation, provided that any day of the Subscription that is started is counted as a day on which the Service(s) are provided.
The reimbursement will be made within fourteen days from the date Smileo is informed of the Member’s decision to cancel, by the same means of payment as those used by the Member for the initial transaction, unless otherwise agreed by the Member.
To register for Partner Offers and CPD Modules on SmileoPro, any person interested in doing so must be a SmileoPro Member.
The registration process on the dedicated page is as follows:
Before submitting their interest to a Partner Offer or CPD Module, the Member must ensure that all information displayed conforms with the information given, as this information will no longer be able to be changed after their interest has been registered by Smileo and sent to the supplier.
The form submission does not constitute a definitive commitment by the Member, who may decide not to take the partner offer or CPD module.
The Member is hereby informed that Partner Offers and CPD Modules are subject to a right to cancel. As a result, any information submitted to a Supplier for a Partner Offer or CPD Module is only done so to register their interest for such offers / modules. It does not constitute an actual commitment to said offers.
Smileo will not be held responsible if a Supplier cancels their Offer or CPD Module after the Member has registered their interest for said Offers and Modules.
Any request for cancellation must be made directly to the Supplier and not Smileo. In the event of cancellation by a Member, the Supplier and Member will have their own Service agreement which will highlight the details of the cancellation policy and any kind of refund or compensation.
If the Member does not attend or is unable to participate in the CPD Module at the times and places indicated in the Member’s contract signed between the Member and the Supplier, the Service agreement between the Member and the Supplier will highlight the details of the cancellation policy and any kind of refund or compensation.
Once registered, the Member will have access to the Services, in accordance with its Subscription.
The Member will be able to access all the Smileo and SmileoPro Sites and its Member Profile (Bronze, Silver or Gold) will be visible to other Members and Visitors of the Smileo Site. The Member will be able to reply to patient enquiries from the Smileo site with their profile being accessible to all potential website users.
You may also set-up Special Offers via the ‘Special Offers’ section which will be visible and made available to all Smileo site users. The Member is in full control of what special offers he/she sets up within the SmileoPro platform and is also responsible to honour those offers. Smileo cannot be deemed responsible for a Member setting-up but not honouring special offers.
The purpose of the Services is solely to connect Members of the SmileoPro platform with potential patients / site users looking for dental or facial aesthetic practitioners in their area. Patients and Members using the Service(s) are not legally bound to enter in any patient-practitioner relationship.
The purpose of the Services does not cover the organisation of “actual” patient-practitioner relationship. As a result, Smileo does not have a legal obligation to verify the actual identity of Members or End Users when they connect to the Sites or to control the content, information and statements posted by Members and/or End Users. As Smileo cannot technically provide such services, they do not contractually undertake to verify the identity of the Members or the truthfulness of the content they post under their exclusive responsibility, nor to moderate such content, except their photograph(s), videos and content on their profile page.
It is important to take certain precautions when arranging an appointment with a SmileoPro Member. Smileo disclaims all liability as regards appointments between Members and End Users during the use of the Services or during appointments between Members and/or End Users following the use of the Services. In addition, during a first physical appointment, Patients are advised to inform an emergency contact and to meet GDPs in their place of work (clinic or practice). Smileo also disclaims all liability for acts of any kind committed by its Members or End Users during the running of Partner Offers, CPD Modules or face-to-face appointments, however Smileo does not limit or excludes their liability to you for: (i) death or personal injury caused by the negligence of Smileo; (ii) fraudulent misrepresentation of Smileo; or (iii) any other liability that may not be limited or excluded under English law.
To this end, Smileo reminds Members that they are prohibited from indicating or disclosing to other Members or third parties any information permitting their identification (except those available on the Smileo site), such as personal postal address or personal electronic address.
The provisions of this Article also apply without prejudice to the Article entitled “Termination”.
The Member’s general obligations are as follows:
The Member’s Essential Obligations are as follows:
The use of Paid Services may only be made where the Member has a Subscription. Members may purchase a Subscription either by bank card (on the Internet or through a mobile service or by telephone) or by bank transfer.
The fees and terms of payment for these various Paid Services are at all times available during the introduction or use of the Paid Service(s) to which the Member wishes to subscribe as well as its (or their) respective rate(s).
Fees are quoted in pounds, all taxes included. The purchase of a Subscription by a Member is virtually instantaneous from the validation of the transaction by Bank Card.
Members may, at any time, give notice to Smileo of their intention to terminate their Subscription without fees other than those that may be incurred in submitting their request. This termination takes effect on the expiry date of the current Subscription, provided that the notice is made by the Member no later than fourteen days (14) prior to the expiry date of the current subscription, in accordance with the provisions of Article 8 below entitled “Termination”.
On the expiry of a Subscription, this Subscription will, unless the Member sent notice of the termination to Smileo prior to the expiry of the current Subscription in accordance with the terms and conditions indicated, be successively renewed for periods equivalent to that originally opted for by the Member which is one (1) year for all Subscriptions. The extended Subscription will be charged to the Member on the basis of the base rate and the duration of the subscription initially taken out by the Member. The Member may terminate the extended subscription for an indefinite period at any time, which subscription will then expire at the end of the current subscription period, provided that the notice is made by the Member to Smileo no later than fourteen (14) days prior to the expiry date of the current Subscription.
The Member may also subscribe to other one-time services, such as Special Offers, attending Smileo related Events, purchasing add-ons or additional products related to Smileo Service(s) or upgrade their current SmileoPro Subscription. Where applicable, these one-time services are purchased from other service providers and subject to other payment terms and conditions than those used for the Services offered by Smileo (e.g. Supplier for the purchase of a special offer from an external supplier), which will be provided by the relevant service providers. The billing and payment terms and conditions and the terms of renewal specific to these one-time services and special offers will be given to the Member by the relevant service provider and accepted by the Member prior to purchase.
The terms “we” and “our” and “us” refer to Smileo Ltd, as defined in the applicable terms and conditions, and according to the operation of the Services.
We enforce the highest standards with respect to Members’ privacy and personal data protection and we answer to the Information Commissioner’s Office in the UK for the personal data processing we operate and have made a notification to the UK Information Commissioner, under the no. XXXXXXX. Our technical teams make every effort to ensure the security of all of our Sites and Services. Internet security is a complex issue and no information system can be seen as perfectly secure. Should a security breach be discovered, we will use our best efforts to act as soon as possible to remedy the breach. In order to improve the level of protection of your personal data that is not under the control of Smileo Ltd, we suggest that you use software devices that protect data transmission networks (such as antivirus systems and updated firewalls and anti-spam filters).
Online payments on the Sites are secured through https protocol in order for your data to be encrypted during their transmission to the payment processor.
We must collect information about you when you sign up for one or several Services, browse the Sites, answer a survey, participate in a discussion or comment on an article, purchase a subscription or send us a message from the ‘contact us’ page. Some information is required to access the Services. Required responses will be marked by an asterisk or otherwise indicated for each applicable question.
The data provided during registration, as well as the data voluntarily provided as part of your profile (e.g. languages spoken, country of residence, treatments performed, places of work, appliances or technology used, photos and videos) help us match you to End Users of Smileo.co.uk and help us customise advertisements or special offers or services through the Services.
We may keep your contact details if you visit our Site, even if you do not complete your registration.
The personal data we collect may include your first name, last name, GDC number, education, places of work, mobile or landline phone numbers, treatments performed, photographs, videos, professional description, special offers, your city and region and your use of the Services.
Some information and comments or content (e.g. photographs, videos, additional profile information) optionally provided by the Member may, under the responsibility and initiative of the Member concerned, reveal the Member’s ethnic origin, nationality, religion or sexual orientation. By providing this optional information, the Member concerned expressly accepts and assumes full responsibility for the processing of this “sensitive” data by Smileo Ltd providing the Services accessible to the members of the Sites, as well as their service providers located in and outside the European Union.
We also collect technical data such as your Internet browser (Firefox, Chrome, Safari, Netscape, Internet Explorer, etc.), operating system (Windows, Mac, Android, iOS, Windows Phone, etc.) and the IP address of the system used, the identifying information of your computer or other device used to visit the Site, all with respect to both the Member and any other Visitor.
Any information or content concerning racial or ethnic origin, political, philosophical or religious opinions, trade union membership and health or sex life is sensitive data. This sensitive data is likely, under the liability of the Member disseminating same, to disclose the Member’s ethnic origin, nationality, religion and/or sexual orientation. By providing such information, the Member concerned expressly consents to the processing of this data by Smileo Ltd and assumes sole responsibility and liability for same.
Information about you obtained when subscribing to our Services help us offer you other Services. We have taken all precautions in our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which may only be accessed in the event of need.
The information contained in your GDP profile, your search criteria and your profile may be accessed from and are visible on the Smileo site, on the Internet, by e-mail (newsletter), by mobile phone. In addition, we may disseminate this information directly through the Services or our partners to persons interested in the Services, through newsletters or third-party websites or through any other electronic (e-mail, text messaging, etc.) or audio-visual (radio, television, etc.) communication tools or in the print media (newspapers, magazines, etc.) to increase your chances of finding new patients by promoting your GDP ads, search criteria and profile.
We may send you commercial offers for some of our partners, provided that you have given your explicit and informed consent relating to said commercial offers during registration, unless, during registration, you opt not to be contacted or you indicate any time thereafter that you no longer wish to be contacted. If you do not wish to receive a special offer from Smileo or our partner companies, please let us know during registration or at any time by emailing us at email@example.com.
Smileo Ltd may share socio-demographic information with partners without indicating names, to enable said partners to target their advertisements (by age, gender, etc.). In this case, we will not send these partners information that would enable them to identify you. We may also share with selected partners information related to your location, to enable them to target their advertisements (by age, gender, etc.) if you have enabled this feature.
For the purposes of current data protection legislation in the European Economic Area (“EEA”), the Service data controller is Smileo Ltd (postal address: New Cambridge House, Bassingbourn Road, Litlington, Royston, Herts, SG8 0SS, United Kingdom).
By providing information through the Services, Members expressly authorise Smileo Ltd, to which they have supplied this information, to transfer this information and the benefit of the above-mentioned rights to the other Smileo Group companies, to service providers and any successors of the relevant Smileo entity, located within or outside the European Union, as applicable.
Although only Registered Members can view the data, you should be aware that you are acting in a public space and are responsible for your privacy. You have the opportunity to actively influence what other Members think of you. To keep your information private, do not add the information in question to your profile.
Members may access or request access to their personal data to modify or delete this data or to request us to stop using it. Members may send their request by email at the following address: firstname.lastname@example.org (Subject Line: Members Data Request) or by filling out the contact forms on the Smileo Sites and giving us their information including first name, last name, GDC number (if applicable) and email address.
You may unsubscribe at any time from our personalised offers by clicking ‘unsubscribe’ or ‘manage my preferences’ at the bottom of our email communications. You may also refuse certain uses of your data, in particular their use for promotional purposes or to create user profiles under pseudonyms for advertising purposes, by the means described above. However, please note that the creation of user profiles is an integral part of our service, for example, to provide you with new patient enquiries.
If you no longer wish Smileo Ltd to reproduce or disseminate the information contained in your GDP ad, your search criteria or your profile, you may cancel your account according to the terms and conditions of Article 8 entitled “Termination”. Since this information consists of your GDP ad, your search criteria and profile, the termination will not take effect until the next update or the next version of these communications (printed, press, audio-visual or electronic) containing your GDP ad, your search criteria and your profile information.
If Smileo Ltd provides hyperlinks to External Websites, they do not recommend the use of these other websites and give no guarantees as to their content or the products and services furnished and sold by these External Websites.
All Services names, trademarks, logos, graphics, photographs, animations, videos and texts contained on the Sites and within the Services are the property of Smileo Ltd, and may not be reproduced, used or displayed without the express authorisation of Smileo Ltd.
The rights of use granted to the Member are limited to private and personal use as part of and for the duration of the registration for the Services. Any other use by the Member is prohibited.
The Member is prohibited from, among other actions, modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially operating and/or distributing the Services, Site pages or the computer code of the Services and Sites, in any way whatsoever.
Members grant Smileo Ltd a licence to use the intellectual property rights arising from the content provided by Members in connection with their registration and use of the Services or the display of its profile on the Services. This licence includes, but is not limited to, the right of Smileo Ltd to reproduce, represent, adapt, translate, digitise, and use for the purposes of the Services, or sub-license the content provided by the Member (information, images, description, search criteria, etc.) on all or part of the Services (on the Sites, by e-mail) and on all the Sites, in the mailing campaigns carried out by Smileo Ltd, and, in general, on all electronic communication media (e-mail, SMS, MMS, WAP, Internet, mobile application) as part of the Services.
The use of the Services on a Mac requires the exclusive use of the Mozilla Firefox browser – Smileo does not guarantee optimal operation with the Safari or Opera browsers.
Notice: for the full use of our Services, you will need to have installed the latest version of the Adobe Flash software (downloadable from “www.adobe.com”). Depending on your network configuration (protected by a firewall or proxy) the connection with our sites might not be possible.
Members must have the abilities, materials and software required for the use of the Internet or the Services mobile application, if applicable, the Internet services, and acknowledge that the nature and constraints of the Internet do not guarantee the security, availability and integrity of the transmission of data over the Internet or through mobile applications.
Smileo Ltd does not guarantee that the Services will be able to be used if Members use a “pop-up killer” tool; in this case, this function must be disabled prior to the use of the Services.
Smileo Ltd does not warrant that the Services will function properly if the Member's Internet service provider fails to provide an adequate level of service. Similarly, if applicable, the use of smartphone applications, whose use Members have agreed on directly with the provider, requires Members to have a smartphone and a satisfactory connection.
Under these circumstances, Smileo Ltd is not responsible for any lack of functionality, lack of access or poor conditions of use of the Sites that would be attributable to equipment-related inadequacies, to the internal failures of Members’ access provider, the overloading of the Internet network and for any and all other reasons external to Smileo, which the Member agrees are events of force majeure.
The operation of the Services may be interrupted momentarily due to maintenance, updates or technical improvements, or to update the content and/or the way it is presented. To the extent possible, Smileo will notify their Members prior to any maintenance operations or updates.
7.2.2. Smileo Ltd cannot be held liable for the accuracy or inaccuracy of the information and content provided by other Members, visitors to the Sites and/or the Member itself (and the consequences of reliance on any such information). Similarly, Smileo Ltd cannot be held liable for any content disseminated by a Member that may potentially constitute a breach of the rights of one or more of the other Members or third parties, where a member of Smileo Ltd can demonstrate that it: (i) was not informed by a Member or third party, or about the content or the dissemination, (ii) did not have actual or prior knowledge of the same or (iii) did not commit a breach in the performance of any of its contractual obligations which led to such content being disseminated.
Smileo Ltd may only be held liable by a Member if and to the extent there is proof of a breach having been committed by Smileo or one of its service providers involved in the performance of the Smileo’s contractual obligations, and this breach has caused the Member direct damage. Where appropriate, it will be Smileo’s responsibility to demonstrate that it has not committed any breaches in the performance of its contractual obligations. Smileo Ltd may not be held liable for any direct or indirect damage incurred by the Member in the event the Member causes the damage or the damage results from an event of force majeure.
7.2.3. The quality of the Services demanded by both the Smileo Ltd and its Members requires that Members conduct themselves ethically, and behave with respect for the rights of third parties, and the respect for the laws and regulations in force. To meet this demand for quality, individual responsibility and ethics, Smileo Ltd requests any Member to report any data (photography, text, video), behaviours or comments made by another Member that appear to be in violation of the laws and regulations in force, concerning the purpose of the Services, third-party rights or public morals.
Smileo Ltd is only liable for the hyperlinks it creates, and does not exercise any control over the External Websites and external resources (third-party websites or mobile applications, social networks, etc.) to which the hyperlinks accessible on the Sites and the Services redirect and which Smileo did not create. It cannot be held liable for the provision of hyperlinks to External Websites, and cannot be held liable for their content, advertisements, products, service features or any other information available on or based on the use of such External Websites.
Any issues relating to a link must be submitted to the administrator or webmaster of the site in question. A Member’s access and/or use of these sources and External Websites may be governed by third party terms and conditions over which Smileo Ltd has no control.
Finally, if during the course of a search conducted on the Sites, the result of this search leads a Member to results that include External Websites, pages or forums whose title and/or content constitutes a violation of applicable law, that Member is requested to terminate its search of, or navigate to, the External Website in question. Members who continue to search, or navigate to, such External Websites proceed at their own risk, and Smileo will not be liable for the content of External Websites.
You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this Agreement and/or to your use of the Services.
The Member must have the skills, hardware and software required to use the Internet or, as appropriate, Internet, telephone and mobile Services, and acknowledges that the characteristics and constraints of the Internet mean that the security, availability and integrity of Internet data transmissions cannot be guaranteed.
We do not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
We do not guarantee that the Services will be usable if the Member's Internet Service Provider ("ISP") is unable to provide its services properly. In this context, we cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the website resulting from incorrect hardware, problems experienced by the Member's ISP or blockages on the Internet networks or for all other reasons outside our sphere of influence. Moreover, due amongst other things to the specifics of their Internet browser, Members connecting through AOL may encounter problems making our sites function properly. Furthermore, smartphone applications are only available to our Members in possession of the smartphone handset and Internet access is required.
Under these conditions, we do not guarantee that the Services shall function without interruption or error. In particular, the use of our website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, we shall inform Members prior to maintenance work or updates.
Apple users should use Mozilla Firefox - we do not guarantee optimal functioning of the website when using Safari or Opera browsers.
Please note that up-to-date Adobe Flash software may be required for this website to function properly (download from: http://adobe.com/getflash). Depending on your network configuration (if protected behind a firewall or proxy), connection to our Messenger service may not be possible.
Members may terminate their subscription to the Services by requesting the closing of their SmileoPro account at any time without reason by making a request through email@example.com or by any means which may be indicated under this heading. This request will be deemed made on the working day following the receipt by Smileo of the request to close the account concerned. This request will not entail reimbursement to the Member of the period remaining until the Member Subscription expires.
The termination of a Subscription by a Member takes effect on the expiry date of the current Subscription, provided that notice was made by the Member to Smileo no later than fourteen (14) days prior to the expiry date of the current Subscription.
This termination will take effect without prejudice to any damages Smileo, the Smileo Group Companies, its or their successors and/or authorized representatives may claim from Members as compensation for losses incurred by Smileo and/or its successors and/or authorised representatives as a result of these breaches.
The Member will be notified by e-mail of the termination or confirmation of the termination of its account. Data relating to the Member will be destroyed at the request of the Member or at the expiry of the current statutory period from the termination of the Member’s account.
Members may also make claims on the European Commission’s online dispute resolution platform by visiting the following URL: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the Member’s claim to the competent notified national mediators.
In accordance with the rules applicable to mediation, prior to any request for mediation, the Member must first have raised any dispute with Smileo in writing in order to attempt an amicable resolution of this dispute.
For any questions, you can contact Smileo by emailing us at firstname.lastname@example.org.