MAX® Partner

Terms and Conditions

INTRODUCTION AND ACCEPTANCE

MAX® Partners is a division of Max Sport Protection Limited (registration number: 2013/228720/07) (“We”, “Us”, “Our”, “MAX® Partners”) and provides the information contained on this website (www.maxmouthguards.co.za) (“Website”) and the services offered via the Website (“Services”), subject to the terms and conditions set out herein and as may be referenced herein (collectively, the “Terms”).

The Terms set out the manner in which you may use, access, refer to and or view (collectively “Use”) the Website and Services.

We may at any time modify the Terms (“Amended Terms”) and such Amended Terms will be made available via the Website.

Each time you use the Website and/or Services you agree to be bound by the Terms or the Amended Terms, as the case may be.

PROFESSIONAL SERVICES

Dental Practitioner (“Practitioners”) shall render professional general Dental services to MAX Sport protection Customers at your  Dental Practitioner (“Practitioners”) facilities to new and existing patients who are assigned to the Dental Practitioner (“Practitioners”). MAX Sport Protection shall be committed to the enhancement of Dental Practitioner (“Practitioners”) dental practice and shall use their best efforts to further the goals of and to promote such practice.  

Dental Practitioner (“Practitioners”) shall be available to render professional services on behalf of MAX Sport Protection for five (5) days per week on a monthly basis during regular business hours.

DENTAL PRACTITIONERS MUST REGISTER TO USE THE SERVICES

The Service is only for use by Dental Practitioner (“Practitioners”)

You must register to use the Services, as a Dental Practitioner (“Practitioners”). To start the registration process you must fill in your Dental Practice Name, email address, contact details, city, province, Country and postal code (“Registration Information”) on the Partner with MAX® page. You may be asked to provide other relevant information from time to time.

We will check the validity of your email address by sending you an automatic email. When you receive this email click on this verification link you will be directed to a page that confirms your email address and other relevant details. (don’t know if we can set this up? ) Once this happens, you will receive your Dentist ID and  the agreement for your Use of the Services begins. 

COMPENSATION

A compensation fee for all services rendered by Dental Practitioner (“Practitioners”) hereunder, Max Sport protection shall pay Dental Practitioner (“Practitioners”) R150.00 gross fees for services which Dental Practitioner (“Practitioners”) performs and completes during monthly period. Dental Practitioner (“Practitioners”) shall be paid on the ……. ??

USE YOUR DENTIST ID TO VALIDATE A MAX®FITTING CONFIRMATION NUMBER OR PLACE AN IMPRESSION COLLECTION REQUEST ON OUR WEBSITE

Each Dental Practitioner (“Practitioners”) is responsible to validate a MAX® fitting confirmation number before going ahead with impression taking. If the MAX fitting voucher is invalid or assigned to another dentist, please contact us at 021 683 0273. DO NOT go ahead with the impression taking before lasing with our Cape Town based offices. 

To validate a MAX® fitting confirmation or place an impression collection request on our Website you must use your Dentist ID we provided you as part of your Registration Information (“Dentist ID”). You will not receive your dentist ID without completing the registering process. 

Keep your Dentist ID Details safe to prevent unauthorised access to the Website. If you suspect there has been, or could have been, unauthorised access using your Dentist ID Details, you must immediately:

  1. change your Dentist ID Details, or
  2. email Us at admin@maxmouthguards.co.za, instructing us to block access.

When you email us, we will immediately block access to the Website via your Dentist ID Details and let you know if we discover any actual or suspected unauthorised access.

IMPRESSION TAKING

Clients who create their MAX® Mouthguard online will make use of our dental impression service with our MAX® affiliated dentists in their area. After they paid online, they will receive a fitting confirmation number by email. If you are listed under our MAX® affiliated find a dentist  list, they will have to contact you to arrange an time to take the impression for one of our Custom-Fit MAX® Mouthguards.

We manufacture the mouthguards in our Dental Laboratory based in Cape Town and approximately a week after the visit, we will send the MAX® Mouthguard to the preferred address.

  1. CONTENT YOU PROVIDE

All information submitted by you must be true, accurate, current and complete. You shall not misrepresent your identity. All such information must be kept up to date and accurate.By using the Website, you grant Us and Our authorised staff the right to use any information, data, materials or other content you provide via the Website for the purposes of rendering the Services and such other purposes as set out in the Privacy Policy.

  1. COMMUNICATIONS THAT ORIGINATE FROM YOU

We may assume that all electronic communications which reasonably appear to originate from you or a person you have told Us is authorised to act on your behalf are in fact from you and the form in which We receive the communication is the same as when it was first dispatched.

  1. TO PROTECT THE INTEGRITY OF THE WEBSITE

You may not:

  • use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without Our express written consent;
  • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engines and search agents available through the Website and other than generally available third party web browsers;
  • post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website;
  • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
  • use the Website in a manner that would bring Us, Our business and/or any of our affiliates into disrepute;
  • access the Website for unlawful purposes or use the Website in a manner which infringes Our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of Our computer systems by any other person;
  • post or transfer any material to the Website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Our or any other parties’ computer system.

We are entitled to remove any information you have submitted via the Website and/or suspend your of any part of the Services at any time without notice to you.

  1. WE WILL KEEP YOUR PERSONAL INFORMATION PRIVATE

We will protect and use your personal information only in accordance with our Privacy Policy.

  1. TERMINATION OF YOUR REGISTRATION

You may terminate your registration at any time by following the termination procedure on the Website.

We may terminate your registration:

  • at any time by giving you notice; or
  • in the event of you breaching the Terms.

On termination:

  • all your rights under the Terms end immediately;
  • We will deactivate your Dentist ID;
  • We will remove from Our records all your information in Our possession other than information which We are obliged by law to retain.
  1. BREACH OF THE TERMS

Should either of us (“Defaulting Party”) breach the Terms and fail to remedy such breach within fourteen days of receiving written notice from the other party (“Aggrieved Party”), the Aggrieved Party may, without prejudice to its other rights in law, terminate the Terms or claim immediate specific performance of all of the Defaulting Party’s obligations, whether or not due for performance.

  1. INTELLECTUAL PROPERTY

We own or are licensed to use all intellectual property rights of whatsoever nature in and to all materials, text, drawings and data (collectively, the “Materials”) made available on the Website.

The Website and any content contained thereon may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without Our express prior written consent.

Any unauthorised reproduction, distribution, derivative creation, sale, broadcast or other circulation or exploitation of the whole or any part of the Materials is an infringement of Our rights.

We own or are licensed to use the trademarks, names, logos and service marks (collectively, the “Trademarks”) displayed on the Website, whether registered or unregistered. You must obtain Our prior written permission should you want to use any of the Trademarks.

  1. EXTERNAL LINKS

External links may be provided for your convenience, but they are beyond Our control and We make no representation as to their content and use or reliance on any external links provided is at your own risk. When visiting external links you must refer to such external website’s terms and conditions.

  1. WARRANTIES

Although We will always try to ensure the Website is available, the Services and Website are provided “as is”. Subject to the Consumer Protection Act. No. 68 of 2008 as read with any of its regulations (“CPA”), We give no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard.

Subject to the CPA, We:

  • disclaim all implied warranties of merchantability or fitness for a particular purpose;
  • do not warrant that the Website, the Services or any information obtained by your use of the Services will:
    • meet your requirements;
    • be uninterrupted, timely, secure or error free;
    • meet any particular measure of accuracy, completeness or reliability, performance or quality;
    • be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.

You warrant that:

  • you are legally entitled to access the Website and Use the Services;
  • you have, and will continue to have for the duration of the term, all necessary consents to Use the Services;
  • you have capacity to be bound by the Terms.
  1. LIMITED LIABILITY

Neither We, nor Our directors, will be liable for any liability or damage (other than arising from Our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:

  • the Website;
  • your Use of or reliance on any information offered on or via the Website;
  • your acts or omissions;
  • a breach by you of the Terms;
  • the fact that We act on your instructions or instructions purported to emanate from you;
  • any unlawful access or monitoring of information transmitted to us;
  • any error or omission in respect of information submitted to us.

Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.

  1. YOU INDEMNIFY US

You indemnify Us against any third party claims, damages or costs (including reasonable attorney’s fees) caused by or attributable to your:

  • acts or omissions;
  • breach of the Terms;
  • breach of the Ethical Guidelines.
  1. ADDRESS FOR LEGAL NOTICES

You agree to accept any notice or legal process relating to the Terms at the email address provided during the registration process.

You must send any notice or legal process relating to the Terms to Our address. We can change Our physical address (to any other physical address in South Africa), our telephone number and facsimile number and We will give you notice of such change.

  1. THIS IS THE ONLY AGREEMENT BETWEEN YOU AND US

The Terms are the sole record of the agreement between you and Us in relation to the Services. Neither of us is bound by any express, tacit or implied representation or warranty not recorded in the Terms.

The Terms replace all prior written and verbal communications between us about the Website and Services.

If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of Our rights, unless We expressly agree in writing to waive or limit them.

  1. WE CAN ASSIGN OUR RIGHTS ON NOTICE TO YOU

If We merge, sell or otherwise assign Our assets and this involves transferring Our rights and obligations under the Terms to a third party, We will let you know before We do this. If you do not agree to the transfer of our rights and obligations, you may terminate your Use of the Services with effect from the date of transfer or assignment.

  1. EACH TERM IS SEVERABLE

If any provision of the Terms is or becomes unenforceable in any jurisdiction, the unenforceable aspect of that provision will be treated in such jurisdiction as if it had not been included in the Terms. The remaining provisions of the Terms will remain valid.

  1. CROSS-BORDER TRANSFER OF YOUR INFORMATION

Some of our authorised service providers may be situated outside South Africa. You consent to your personal information being transferred cross-border so that We can render the Services to you. We will ensure that all such authorised service providers have security and privacy policies and procedures providing at least the same level of protection as the Terms.

  1. CHILDREN CAN ONLY USE THE SERVICES WITH CONSENT

If you are under 18 years of age, you may only Use the Services with the consent and involvement of a parent or other legally competent person. We reserve the right to ask you for such information as is necessary to prove that you are 18 years or older, or that you are using the Services with the consent and involvement of a parent or legally competent person.

  1. EVENTS OR CIRCUMSTANCES BEYOND OUR CONTROL

If events or circumstances beyond Our reasonable control (“Force Majeure”) prevent either of us (“Affected Party”) from fulfilling any of Our obligations, those obligations will be suspended to the extent that and for as long as the Affected Party is so prevented.

If the Force Majeure continues for more than fourteen days, the Affected Party can terminate the Terms by giving notice to the other.

Force Majeure includes an unavoidable natural catastrophe (“vis major”), an uncontrollable accident (“casus fortuitous”), any act of G-d, strike, theft, riots, explosion, insurrection, war (whether declared or not), military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority or any court order.

  1. YOUR QUERIES AND COMPLAINTS

Please email any queries or complaints to admin@maxmouthguards.co.za

  1. ADDITIONAL INFORMATION

Full name: MAX Sport Protection Proprietary Limited (registration number: 2013/228720/07)

Physical address (including for receipt of service): 271 Imam Haron Street, Claremont, Cape Town

Telephone number: (021) 683 0273

Website address: www.maxmouthguards.co.za

Email address: admin@maxmouthguards.co.za

Copyright in the Terms vests in Max Mouthguards.

Last updated on November 2018

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