SMILESERVE TERMS AND CONDITIONS

 

TERMS OF USE

Please read these Terms of Use carefully before using Smileserve platform site. Using this website means you have read, understood, and accepted these Terms of Use. The following regulates your usage and access of the website. If you do not agree to these Terms of Use, kindly discontinue using the website.

In using this website, you are hereby voluntarily give your consent to Smileserve to use for any lawful purposes and/or share your personal information to authorized third parties.

 

CHANGES TO THESE TERMS OF USE

Smileserve reserves the right to change this Terms of Use from time to time, in whole or in part, without prior notice to you. We encourage you to check from time to time, any updates on this Terms of Use to keep you aware of your current rights and responsibilities.

By continuing to use any of the Smileserve site after we post any such changes, you accept the Agreement, as modified. Smileserve may upgrade, modify, suspend or discontinue, remove, whether in whole or in part the site and shall not be liable if such upgrade, modify, suspend or discontinue, remove, whether in whole or in part, prevents you from accessing Smileserve.

 

SMILESERVE USER ACCOUNT

Smileserve user account will be needed on certain features of the website. This may require creation of an account with us which requires for you to provide your Personal Data. We may at any time in our sole and absolute discretion, request that you update your Personal Data or immediately invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time.

You will be responsible for the confidentiality of your password and for all statements made and modification that occur on your account.  If you believe someone has used your password or account without your authorization, you must notify Smileserve immediately.  Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Smileserve site, or any portion of the Smileserve site, at any time without notice.

 

DEFINITION OF TERMS

  • Account – means a registered account which a Service User may be required to create to access the full facilities and features of the site.
  • Smileserve Service - means the facility provided by the Website including but not limited to accepting and facilitating Service User request and, any other related services.
  • Service User - means any person, who has duly registered account and/or used the site to request any services offered.
  • Service - means the services offered at this site such as installation, diagnosis, repair, cleaning, and preventive maintenance.
  • Third-party Service Professional Technicians – means any individual or company that has fully registered to offer their service to Service Users via the Website.

 

USER UNDERTAKINGS

By using the Website, you represent, warrant and undertake that:

  1. You are at least eighteen (18) years of age; If you are under the aforementioned, you may use the Smileserve site only with involvement of a parent or guardian. You are forbidden to do the following:
    1. Using or attempting to use any platform, engine, tool, agent or other devices or mechanism (except for what Smileserve have provided and other 3rd party search engines) to check or navigate the Smileserve site.
    2. Using or attempting to use any platform, engine, tool, agent or other devices or mechanism to intrude with Smileserve’s site that causes trouble or malfunction within the Smileserve site
    3. Violating or attempting to break the Smileserve site and use Smileserve on any illegal transactions.
    4. Imitate any person or entity or misrepresent your relationship with any person or entity. Post, promote or communicate through Smileserve any banned materials in any way. Smileserve reserves the right but not obliged to:
      1. Restrict any user from accessing or using the site for any reason
      2. Observe and control any activity, content or material on the site.
      3. Smileserve may in sole and absolute discretion, investigate any violation of the terms and conditions stated herein and may take appropriate action needed
  2. You intend to be a Service User.
  3. You have entered a true and correct information in this website.
  4. Your use of the website does not violate any applicable law or regulation.
  5. You agree to Smileserve’s fee’s and its policies.

 

PROMOTIONAL CODES

Promotional codes are limited in nature and may expire or discontinue with or without notice.  Promotional codes are void where prohibited by law.  Promotional codes may not be copied, sold, or otherwise offered.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

A replacement may be allowed provided there is a failure on the Smileserve system or error in the email and/or number provided by the customer.

 

PAYMENT FOR SERVICES

Smileserve takes no responsibility and assumes no liability for any loss or damages to the customer arising from details information and/or payment information entered by the customer or wrong remittance by the customer in connection with the payment for the service requested.

You may not claim against Smileserve for any failure, disruption or error in connection with your chosen payment method. You may directly contact your bank and/or payment facility you have used for further assistance.

 

BOOKING CANCELLATION

  • Smileserve has the right to cancel any orders received for the following reasons:
                a. Force majeure or act of nature, including calamity or bad weather condition, and strikes.
                b. In the event of system error, order/s may be cancelled automatically.

Should your order be cancelled for whatever reason, you will be duly notified via e-mail by Smileserve representative.

  • You may cancel your booking by the following process:
    1. Email request to info@smileserve.com.ph or contact at (02)8942-2192 or +63929-5438837, one day before the actual service requested date
    2. Indicate the reason of request, booking reference no.

A Smileserve representative will reply to you and assist you on your cancellation request. An email confirmation will be sent once your booking has been successfully cancelled.

 

REFUND OF PAYMENTS

All refunds shall be made via the original payment mechanism and to the person who made the original payment. Also, all refunds will be deducted with handling fee of 15% incurred on the transaction.

Smileserve offers no guarantee on the timeliness of the refunds. The processing of payment may take time depending on the guidelines provided by the respective banks and/or payment provider’s internal processing guidelines. All refunds are conditional upon Smileserve acceptance of a valid booking cancellation.

Smileserve reserves the right to modify the mechanism of processing refunds at any time without notice. Smileserve will not provide you a refund for certain service which is not valid such as, completed service without workmanship issues.

 

SERVICE WARRANTY

  1. The commitment of Smileserve is to provide support and assistance to customers who would like to avail of the workmanship warranty.
  2. Kindly ensure to keep the receipts for warranty purposes.
  3. Customer may contact the Customer Service Hotline at (02)8942-2192 or +63929-5438837 or email us at info@smileserve.com.ph for proper instructions.
  4. All reported warranty claims are subject to verification or investigation.
  5. To the extent allowed under Philippine law, Smileserve shall be under no liability whatsoever in respect of any manufacturer’s defect in the Products, if any.

 

PROTECTION COVERAGE

Smileserve covers property damage that are only not covered by any insurance policy. Claims shall only be limited to damage that is directly caused by a technician based on the original service booked in the site. It does not cover issues from installations and/or incomplete work. Any services that are not requested/booked on the site are not covered, even if done by Smileserve technician. Only the Service user who requested the service is entitled to request for coverage. Service user claimant must notify Smileserve at info@smileserve.com.ph or contact at (02)8942-2192 or +63929-5438837 within the period of occurrence or during the actual service while the technician is present. Smileserve will require documents as proof of claims and must be submitted by service user within 7 days from the date of incident.

 

TRADEMARKS

The trademarks, logos, and service marks displayed on this website are the property of Smileserve or their respective owners. You are not permitted to use these items without the prior written consent of Smileserve or their respective owners. 

 

COPYRIGHTS

Smileserve either owns the intellectual property rights in the content that is made available on this website or has obtained the permission of the owner to make it available on this website. Smileserve strictly prohibits the redistribution or copying of this website, in whole or in part, without written permission from Smileserve. This website authorizes you to display on your computer, download, or print the pages from this website provided: 

a. The copyright notice appears on all printouts.
b. The information is intact and will not be altered in any way.
c. The content is used for personal, educational, or non-commercial use only.

You do not redistribute or copy the information to any other media.
Smileserve respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately at the contact information provided below. Please include the following:

                a. A description of the intellectual property that you claim has been infringed.
                b. A description of the material that you claim is infringing on the said intellectual property.
                c. An address, telephone number, and email address where you can be contacted.

Include the statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."


Include the statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." Your physical signature.

 

EXCLUSION OF LIABILITY

Smileserve’s security shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with  any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and any use of or access to any other website or webpage linked to the site, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.


Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the site is entirely at your own risk and we shall not be liable therefore.

Smileserve shall not be liable for any claims for damages, loss, injury, or death in relation to the services provided by the Third-party Service Professional Technicians

SMILESERVE, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF SMILESERVE SITE

 

CONTENT SUBMISSION AND INFORMATION

Smileserve allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through Smileserve site. By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity. 

If you make any submission to Smileserve site, you automatically grant, or warrant that the owner of such content has expressly granted Smileserve, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed.  You should not submit any Content to us that you do not wish to license to us.  Smileserve is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content.  You grant Smileserve the right to use the name that you submit in connection with any Content.

Although Smileserve cannot monitor all Content, you understand that Smileserve shall have the right, but not the obligation, to monitor the Content of the Smileserve site to determine compliance with this Agreement and any other operating rules that may be established by Smileserve from time to time.  Smileserve shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, Smileserve site for any reason, including violation of this Agreement, whether for legal or other reasons.  Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Smileserve and its affiliates for all claims resulting from any Content you submit.

Smileserve may, from time to time, be required by government agencies to disclose certain information in connection with any audit and investigation. You understand that we are not required to contest any demand made by an authority for such information.

 

LINKS TO OTHER SITES

This website contains links to other websites and are provided for convenience only. Smileserve has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Smileserve, of the website or their owners, products or services. 

 

SUBMISSION OF IDEAS

Smileserve or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Smileserve services, or marketing strategies might seem similar to ideas submitted to Smileserve. Please do not send your unsolicited ideas to Smileserve or anyone at Smileserve. If, despite our request, you still send us your ideas or materials, please understand that Smileserve makes no assurances that your ideas or materials will be treated as confidential or proprietary. 

 

RULES OF CONDUCT

Your use of this website is subject to all applicable local, national and international laws and regulations, and you agree not to violate such laws and regulations.

Any attempt by any person to deliberately damage this website is a violation of criminal and civil laws. Smileserve reserves the right to seek damages from any such person to the fullest extent permitted by law.


In addition, you agree not to post or transmit through this website any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libellous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law. You may not engage in any activity on this website that restricts or inhibits any other user from using or enjoying this website by "hacking", "cracking", "spoofing", or defacing any portions of this website.


You may not post or transmit through this website advertising or commercial solicitations; promotional materials relating to website or online services which are competitive with Smileserve and/or this website; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components, political campaign materials; chain letters; mass mailings, spam mail, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of this website or its contents. You may not harvest or collect information about website visitors without their express written consent.

 

GLOBAL AVAILABILITY

Smileserve controls this site from its Philippine offices. If you use this website from other locations, you are responsible for compliance with applicable local laws. Smileserve makes no representation that services referenced herein are appropriate, or available, worldwide and in fact certain services may not be available worldwide.

 

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Smileserve is not responsible if the information that is made available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

 

DISCLAIMER

THIS WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. SMILESERVE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, AS TO THE FUNCTIONALITY OR USEFULNESS OF THIS WEBSITE OR ANY CONTENT. SMILESERVE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMILESERVE DISCLAIMS LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR LOST PROFITS, THAT MAY RESULT, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS WEBSITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO COMPUTER SYSTEMS, HARDWARE OR SOFTWARE, LOSS OF DATA, OR ANY OTHER PERFORMANCE FAILURES, OR ANY ERRORS, BUGS, VIRUSES OR OTHER DEFECTS THAT RESULT FROM OR ARE ASSOCIATED WITH THE USE OF THIS WEBSITE OR ANY CONTENT. SMILESERVE MAKES NO WARRANTY THAT, (I) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, (IV) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVER ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL (INCLUDING CONTENT) DOWNLOADED OR OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THIS WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY SMILESERVE AND REMAINS THE RESPONSIBILITY OF THE THIRD PARTY.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SMILESERVE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF SMILESERVE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; ( c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS, OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

 

JURISDICTION

This agreement and all claims relating to the relationship between the parties are governed by the laws of the Republic of the Philippines.
If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

 

NOTICES

Notices from us: All notices or other communications given to you if:  (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.


You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
We may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.

 

TERMINATION

This Agreement is effective unless and until terminated by either you or Smileserve.  You may terminate this Agreement at any time, provided that you discontinue any further use of Smileserve site.  Smileserve also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny your access to Smileserve site, if in Smileserve’s sole discretion you fail to comply with any term or provision of this Agreement.  Upon any termination of this Agreement by either you or Smileserve, you must promptly destroy all materials downloaded or otherwise obtained from Smileserve site, as well as all copies of such materials, whether made under this Agreement or otherwise.  The following sections shall survive any termination of this Agreement: “Terms of USe,” “Content Information,” “Offer to buy,” “Order Procedure,” “Pricing Policy,” “Copyrights,” “Termination,” “Disclaimer,” “Jurisdiction,” “Limitation of Liability,” and “Privacy Policy.”

 

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them.  Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the section.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.  The failure of Smileserve to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Smileserve’s rights with respect to such breach or any subsequent breaches.  This Agreement shall be governed by and construed under Philippines law without regard to conflicts of law provisions.  Any action or proceeding arising out of or related to this Agreement or your use of Smileserve site must be brought in the courts of the Philippines and you consent to the exclusive personal jurisdiction of such courts.