1. Agreement to Terms of Use
The following Terms of Use (“Terms” or “Agreement”) govern your access to and use of Byte Au Pty Limited and Straight Smile LLC’s (collectively, “we”, “us”, “our” and the “Company”) platforms, including our website www.trybyte.com.au, our social media platforms, and/or our mobile applications (together, the “Platforms”) Platforms. Your use of the Platforms constitutes your agreement to be bound by these Terms. If you disagree with one or more of these Terms or find them unacceptable in any way, including without limitation the indemnity and arbitration provisions, please do not agree to these Terms or use the Platforms.
This Agreement is divided into two parts. Part One explains all of the terms that govern your use of the Platforms. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Platforms, you must accept all of the terms of this Agreement.
2. Changes to Terms of Use
We have the right to change or add to the terms of this Agreement at any time by posting the amended Terms on Company’s Platforms. Any use of the Platforms after our publication of any such changes shall constitute your acceptance of the Terms as modified. However, any dispute that arose before the modification shall be governed by the Terms (including the disputes clause) in place when the dispute arose.
Part One: Terms Governing Use of the Platforms
3. Emergencies
THESE PLATFORMS ARE NOT AN EMERGENCY-RESPONSE OR EMERGENCY-MONITORING SERVICE AND ANY PERSON WHO IS AWARE OF AN EMERGENCY SITUATION OR BELIEVES THAT A PERSON MAY BE AT RISK OF INJURY OR DEATH OR WHO MAY HARM THEMSELVES OR ANOTHER PERSON SHOULD DIAL “000” OR AN APPROPRIATE EMERGENCY RESPONDER. COMPANY IS UNDER NO OBLIGATION TO MONITOR OR RESPOND TO COMMUNICATIONS MADE TO THE PLATFORMS.
4. Age Limitations
Children under the age of 18 should only use our website and/or purchase or use our products and services with the permission, and under the supervision, of a parent or guardian.
5. Information on the Platforms is not Professional Advice
All data, information, text, graphics, links, and other material on the Platforms and information contained on or in any product packaging or labels (collectively, the “Educational Content”) are provided as a convenience to our Platform visitors and customers. The Educational Content provided is for general informational and educational purposes only; it is not intended to serve as dental or other professional health advice and is not to be used for diagnosis or treatment of any condition or symptom. Educational Content does not constitute the provision or practice of dentistry or professional health care advice or service; use of the Platforms does not create a doctor-customer relationship with Company. You should consult a dentist or other qualified health care provider regarding any specific questions you may have. Educational Content is not exhaustive and does not cover all orthodontic or dental treatments and conditions, nor is it intended to replace the advice of an orthodontist, dentist, or other medical professional. You should never disregard professional advice or delay in seeking treatment based on the Educational Content or other websites linked to or from the Platforms.
6. Restricted Use
You may use the Platforms only to the extent that you obey all laws, rules, and regulations applicable to your use of the Platforms. Our Platforms are intended for personal use only and may not be used in connection with commercial endeavours, unless otherwise permitted by written agreement.
7. Suspension or Termination of Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Platforms, without notice, in addition to other remedies available to Company. Company reserves the right to terminate, without notice, any user’s access to or use of the Platforms if Company has reasonable grounds to believe that the user has not complied with the requirements of this Agreement.
8. Your Privacy
By accessing or using the Platforms, you confirm that you have read, understood, and accepted Company’s Online Privacy Policy, which is incorporated by reference into these Terms.
9. Registration
Registration is not required to view certain content on the Platforms. However, to use some parts of the Platforms you may be required to register and provide certain information about yourself, including your e-mail address and password (“Credentials”). If you become a registered member of our Platforms, you accept responsibility for all activities that occur under your registered account. You agree to provide true, accurate, complete, and correct information at the time of registration, and to promptly update this information as needed so that it remains true, accurate, complete, and correct. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for maintaining the confidentiality of your Credentials. If you believe someone has accessed the Platforms using your Credentials without your authorization, e-mail us immediately at: support@trybyte.com.au.
10. Purchases
Purchases of our products and services are governed by our Terms of Supply.
11. Social Media and Online Communities
Company may provide you opportunities to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, Google+, or other similar sites (collectively, “Social Media Sites”). We do not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party’s privacy policy and other legal terms, which may not provide privacy protections with which you agree. We are not responsible for any act or omission of any Social Media Site, nor are we responsible for the consequences of your choosing to share your information on Social Media Sites. Company may also provide you opportunities to participate in online communities on such Social Media Sites and may host discussion boards, chats, and other forums on the Platforms. For example, you may use your Instagram handle and tag your photos and postings (“Tagged Content”) with hashtags that we may provide from time to time in order to submit your Tagged Content for potential use on our Platforms. If you post Tagged Content with hashtags as we may provide from time to time, your activity and participation is governed by these Terms. Additionally, you remain responsible for your compliance with other applicable terms and conditions such as those of Instagram or other Social Media Sites. Without limitation of any other obligations, you agree that you will be respectful of others and their privacy and will not submit photos of others without their express permission.
12. Licence to Content
If you participate in Company online community, our Social Media Sites, or any discussion board or other forum, or submit information to us through our mobile application, you agree that anything you submit, including any information, materials, photos and Tagged Content (together, the “Content”) is being provided by you voluntarily, on a non-confidential basis, and without any compensation due to you (unless otherwise agreed in writing) and you grant Company a perpetual, worldwide, royalty-free, transferable, and sub-licensable, right and license to use, copy, distribute, modify, create joint and derivative works, your Content in any form or format (subject to obtaining your consent). You further agree that (a) you will not post, transmit, or link to Content that is defamatory, false, obscene, indecent, lewd, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech; (b) you may only post, upload or transmit Content for which you have the copyright or other permission to distribute electronically citing the original source; (c) you may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights; (d) you agree that any Content you post or upload will be owned by you or be in the public domain; (e) you may not intentionally post, create, upload or transmit any software or other material that contains a virus or other harmful code or device; (f) you may not solicit other users, or distribute advertising, for products or services through the Platforms, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses for the purpose of sending bulk email or other messages to other users of the Platforms; (g) if you choose to submit Content or post items in public or “chat” portions of the Platforms (to the extent applicable), any Content you post in these public or group areas is available to the other individuals using the Platform(s) and Company does not warrant, guarantee or otherwise take steps to prevent other users from copying, displaying, uploading, transmitting or otherwise using your Content for any purpose whatsoever; (h) you will always use caution in posting personally identifying information, and never exchange personal financial information, address, phone numbers or other personal information except to Company for the purposes of the provision of our Services; (i) you will not post any material that violates any law or regulation; (j) you will not impersonate any other person or use the identity of some other living person; and (k) your postings will truthfully reflect your own experience. Company may terminate or restrict your access to any Company online community, including access through the Platforms, if Company has reasonable grounds to believe that you have not complied with the requirements of this Agreement.
13. Selection and Removal of Tagged Content
Company will review Tagged Content and select certain Tagged Content for posting on our Platforms; we make no guarantee that your Tagged Content will be posted. Notwithstanding the foregoing, you remain fully responsible and liable for your Tagged Content and its compliance with these Terms, other applicable terms of use and applicable laws. If your Tagged Content is posted to our Platforms, you may request removal of your Tagged Content by marking it as “private” in your Social Media Site account or by emailing us at: support@trybyte.com.au.
14. Monitoring
We have no obligation to monitor any related websites, chats, discussion boards, Content, or any other materials that you or third parties transmit or post on or to the Platforms (including related websites, if any). However, you acknowledge and agree that we have the right (but not the obligation) to monitor the Platforms, discussion boards, the chats, and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a chat or discussion board); and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Platforms properly, to protect ourselves, our sponsors, and our other clients and visitors, and to comply with legal obligations or governmental requests.
15. SMS Short Code Terms & Conditions
By providing Company with your mobile phone number, you agree that we may use your number to provide you important transactional SMS information and updates about your application process, inquiries, orders, and treatment through five digit SMS short codes. These messages, including the number of messages and their individual size will vary per user based on various factors, including the level of assistance required by you to complete the process, the evaluation of your specific needs at the stages of service, and the length of treatment you experience.
a) Mobile User Opt Out and Assistance
You may discontinue text service at any time by replying “STOP” to any SMS message you receive from us. This will unsubscribe from future SMS updates. You may also email support@trybyte.com.au to speak to a member of our team or you can call our support team at 1-800-298-363.
b) Mobile User Fees
We do not charge any users additional fees to send or receive text messages. Nevertheless, your mobile carrier may charge fees for these same messages, and your message and data rates with your mobile carrier may apply.
16. Copyright Notice
The Platforms are owned and operated by Company. The entire contents and design of the site are protected by U.S. and international copyright law. All rights regarding the Platforms and materials contained on the Platforms are either owned by Company, are licensed to it, or are used with permission. Company and its licensors retain and reserve all proprietary rights to the contents of the Platforms. You may not copy, republish, upload, post, display, transmit, or frame any of these materials without prior written consent from Company. You may link to, view, download, use, display and print a single copy of the materials found on the Platforms only for personal, non-commercial, and informational purposes as long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable copyright, trademark and other notices and disclaimers; and (3) you do not use the materials in a way that suggests an association with Company or an affiliated entity. All such copies must include, at a minimum, the following copyright notice: “Copyright © [2022] Byte. All rights reserved.” Any other use of the Platforms or the information contained here is strictly prohibited. Company may terminate the above license at any time for any reason. If you breach any of these terms your license terminates immediately and automatically and without notice. Upon the termination of this licence you must stop using this site, including all content, and return or destroy all copies, including electronic copies, of the content in your possession or control.
17. Copyright Infringement or defamation
If you believe in good faith that content or material on the Platforms or our Social Media Sites infringes a valid copyright owned by you, or is defamatory, you (or your authorised agent) may send the Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to: support@trybyte.com.au.
The notice must include the following information for copyright claims: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The notice must include the following information for defamation claims: (a) identification of the precise content which you allege is defamatory; (b) a statement of the defamatory imputations which arise from that content; (c) identification of how that content identifies you; (d) a statement that the complaining party in good faith believes the imputations to be false; and (e) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorised to act on behalf of the person allegedly defamed.
18. Trademark Notice
Company names and logos and all related product and service names, design marks, and slogans are the trademarks or service marks of Company. All rights are reserved. You are not authorised to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks appearing on the Platforms are the property of their respective owners.
Part Two: Additional Legal Terms
19. Representation and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; and (b) your use of our Platforms will be in compliance with these Terms.
20. No Warranties
USE OF OUR PLATFORMS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PLATFORMS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, ANY AFFILIATED COMPANY ENTITY, THEIR PROCESSORS, PROVIDERS, LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND REPRESENTATIVES) (COLLECTIVELY “COMPANY PARTIES”) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR PLATFORMS WILL MEET YOUR REQUIREMENTS; THAT OUR PLATFORMS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR PLATFORMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PLATFORMS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR PLATFORMS OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
21. Indemnity
BY VISITING OUR PLATFORMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY, AND COMPANY PARTIES FROM AND AGAINST ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENTS, COSTS, LOSSES, DAMAGES, TAX ASSESSMENTS, PENALTIES, INTEREST AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER CLAIM YOU MAY INCUR IN CONNECTION WITH YOUR USE OF OUR PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS FOR DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY, COPYRIGHT OR TRADEMARK INFRINGEMENT RESULTING FROM YOUR SUBMISSIONS OF ANY CONTENT (INCLUDING TAGGED CONTENT) OR OTHER MATERIALS, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE PREVIOUSLY ADVISED COMPANY OF THE POSSIBILITY OF SUCH CLAIM.
22. Limitation of Liability and Damages
THE USER’S SOLE REMEDY FOR DISSATISFACTION WITH OUR PLATFORMS IS TO STOP USING THE APPLICABLE PLATFORM. YOU AGREE THAT UNDER NO CIRCUMSTANCE SHALL ANY OF COMPANY PARTIES BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE OUR PLATFORMS OR THE MATERIALS ON OUR PLATFORMS. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES AND CLAIMS OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.
23. Disputes
If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us at support@trybyte.com.au with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. To the extent permitted by law, any dispute, controversy, or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the ACICA Arbitration Rules in force at the relevant time. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.
24. Governing law
These Terms are governed by, and construed in accordance with, the laws of New South Wales, Australia.
25. Requests for Information
If you contact Company and request information about our programs or services, we will use your email or postal address to provide the information you requested. You agree that we may use and share information you provide us as described in our Online Privacy Policy.
26. Links to Other Websites
Our Platforms may contain links to other websites as a convenience to you, however, those websites may not follow the same privacy practices as us. The inclusion of any website link does not imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that such websites are not governed by these Terms. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from our Platforms to another website, our Online Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our Platforms, is subject to that website’s own rules and policies. We are not responsible for the privacy practices of third party websites. We encourage you to read the privacy policies of such third parties to learn more about their privacy practices.
27. Downloadable Files and Email
Company cannot and does not guarantee or warrant that email or files available for downloading from its Platforms will be free of viruses or other code that may contaminate or destroy data on your computer. You are responsible for implementing sufficient protective procedures and checks to maintain the accuracy of your data for maintaining a data back-up or other means for the reconstruction of any lost data. Company does not assume any responsibility or risk for damage to your computer or its files related to your use of the website or Platforms.
28. Complaints
If you have a question or complaint regarding the Platforms provided to you by Company please contact us at support@trybyte.com.au.
29. Assignment
You may not assign any rights or obligations under this Agreement without Company’s prior written consent. Company may assign all or part of this Agreement.
30. Survival
All sections of this Agreement which, by their nature are designed to survive expiration or termination of this Agreement, including but not limited to indemnity and limitation of liability clauses, shall survive.
31. Waiver
No waiver of any of these terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
32. Notices
You agree that we may provide any and all notices to you by e-mail, telephone, fax, as well as by any other method.
33. Severability
If any of the provisions of this Agreement are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of this Agreement to retain its full force and effect.
34. Entire Agreement; Amendment
This Agreement constitutes the entire agreement between you and Company applicable to its subject matter, excluding our Privacy Policy and Terms of Supply.
35. Conflicting Terms
Anything on the Platforms inconsistent or in conflict with the terms of this Agreement is superseded by the terms of this Agreement.
36. Contact Information
Please contact us with any questions or concerns regarding this Agreement at: Phone: 1800 298 363 Email: support@trybyte.com.au