TERMS AND CONDITIONS
These terms and conditions constitute a legally binding agreement ('the Agreement') between Basma Smile DMCC a company incorporated, organized and existing under the laws of the United Arab Emirates, (hereinafter referred to as the 'Basma'); and you.
The following terms and conditions govern all use of the basma.com platform and all content, services, and products available at or through the website, including successor domain names or sites (the 'Site') and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Site. Our services are offered subject to all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by Basma. You agree that we may automatically upgrade our services, and these terms will apply to any upgrades.
Wherever used in these Terms and Conditions, 'you', 'your', 'Customer', 'User' or similar terms means the person or legal entity accessing or using our services. If you are accessing and using the services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions.
By using the Site, you acknowledge that you are at least 18 years of age. Basma reserves the right to limit or withdraw access to the Site for any Customer should Basma believe that Customer is under the age of 18 years.
Please read this Agreement carefully before accessing or using our services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not (and shall not) access or use any of our services. If these terms and conditions are considered an offer by Basma to provide any services, then your acceptance and relation with Basma is expressly governed by the terms of this Agreement.
1.1 'We', 'us' and 'our' refers to Basma.
1.2 'User' shall mean but is not limited to the individual consenting to and entering into this Agreement on the Basma Site.
1.3 'Registered User' shall mean a registered individual who has an account on Basma.
1.4 'Site' shall mean the website and system under the domain name basma.com.
1.5 'Medical Cooperation Partners' refers to each and any practitioner or health facility licensed by the relevant authorities to provide Basma products and related services to the Customer.
2.1 You agree that Basma is an online platform, established to manage the interface between you and the Medical Cooperation Partners for the supply of invisible aligners.
2.2 By visiting and registering an account on Basma Site, you agree that you are applying for candidacy to receive invisible aligners through Basma Medical Cooperation Partners located in your territory.
3. Users Conditions
3.1 At first, every candidate goes into an assessment through Basma platform where the candidate is asked to submit photos and share basic information about their dental experience. Such information are reviewed and preliminarily assessed by the Medical Cooperation Partners. Depending on each case, the Medial Cooperation Partners may request visits to their facilities to conduct additional examination (ex: panoramic X-Ray) to better evaluate the candidate’s dental health.
3.2 Based on the Medical Cooperation Partners’ assessment, Basma will provide a 3D simulation for your new smile progress reflecting the changes that will be made to your smile.
3.3 In some cases, after approving your plan and depending on the Medical Cooperation Partner’s initial assessment, you will receive a redo kit(s) free of charge to make sure that the Medical Cooperation Partner receives accurate impressions for both your top and bottom teeth. Alternatively, you may be asked to visit the Medical Cooperation Partner in order to take impressions of your teeth.
3.4 To ensure the best results for your invisible aligner treatment, our Medical Cooperation Partners may require that you visit your dentist for pre-treatment dental work. These visits may be required after you purchase the treatment. In such cases, the aligners will not be dispatched until your pre-treatment work is completed and confirmed by the Medical Cooperation Partners.
3.5 For proper treatment progress, it is important that you follow the invisible aligner guidelines found in your aligner kit. They include instructions on how to handle and take care of your aligners to ensure proper treatment progress. It is also important that you use the chewies that are provided for at least 1 minute every day for better fit and progress.
4. Price and Payment
4.1 Prices shall be as specified by Basma based on a published price list by Basma. Basma reserves the right to update the price list from time to time without prior notice. All prices shall not include customs duties, sales tax, or any other charges levied by any governmental authority.
4.2 Also, Basma provides online payment facilities to purchase the invisible aligner and for the treatment provided by their Medical Cooperation Partners. Please note that if you choose to pay for your invisible aligner treatment with the monthly instalments option, the date of delivery of your aligner batches will be independent of the due date of your instalments.
4.3 Automatic Recurring Payments Agreement
4.3.1 Frequency of Payments. An automatic recurring payment in the range provided to you or as described to you by BASMA.com will be made every month (“Monthly Payment”) for the number of monthly installments agreed upon with BASMA.com on a recurring basis. You will receive a post-payment confirmation email following all automatic recurring payments. For example, if your installment plan begins on March 1, the first recurring monthly Payment will be made on April 1. Your next automatic recurring payment would occur on May 1. You will not receive any advance notice of this payment, but you will receive post-payment confirmation by email.
4.3.2 Automatic Recurring Payment Failure. Basma will attempt to withdraw the amount due from you three (3) times after the first attempt (within a period of 10 days). Payments that (i) have failed after the 3 re-attempts or (ii) are overdue after the auto-payments will be put on hold and will have to be settled manually by the customer. If your automatic recurring payment is declined, you will be contacted by phone or email. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: In the event any payment is not made, and you do not make a payment by the end of your billing cycle, you will be contacted by phone or email to make the payment. Service may be suspended or cancelled.
4.3.3 Access to Agreement. To access this Agreement in the future through the BASMA.com website, go to the home page footer navigation and click on “Terms”.
4.3.4 AGREEING TO THESE CONDITIONS. By providing my credit, or debit card (“Payment Method”), I AGREE that I have read and understand this Automatic Recurring Payment Agreement. In addition, I authorize BASMA.com to charge the full amount required by my rate plan (once every month or more frequently as described) to the specified Payment Method; and I authorize the financial institution for the Payment Method, specified above to charge or debit my account and remit payment for my purchase from BASMA.com and agree that by conducting a purchase I agree to abode by the terms and conditions of the financial institution which details will be reflected on the check in/ check out page. This authority will remain in effect until the purchase price is paid in full. Lastly, Basma will not store or save any data received from you concerning your debit card/ credit card details which will be kept with the financial institution that Basma deals with.
5. Taxes and Withholdings
You are responsible for paying all taxes associated with the request of the aligners. If Basma has the legal obligation to pay or collect Taxes for which you are responsible under this section, the appropriate amount shall be invoiced to and paid by you, unless you provide Basma with a valid tax exemption certificate authorized by the appropriate taxing authority. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If you are required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, Basma receives an amount equal to the sum it would have received had no such deduction or withholding been made.
6. Cancellation and Refunds
6.1 Once approved and confirmed by you, the order can no longer be cancelled and you will be charged the full fee.
6.2 For any refund please review the refund policy on our Site.
7. Shipment and Delivery
7.1 The products will not be fabricated until you approve the services.
7.2 Delivery dates are estimates. Basma shall not be liable for any damages, losses or expenses incurred by you if Basma fails to meet the estimated delivery dates. The title to products shipped under this Agreement and risk of loss or damage during shipment pass from Basma to you upon delivery to the address specified by you. Delay in the delivery of products shall not relieve you of your obligations to accept and pay for products.
7.3 If you cause or request a delay in shipment without any intervening or superseding fault or negligence of Basma, risk of loss shall be deemed to have passed as of the date Basma notifies you of its readiness for shipment. If Basma incurs costs and expenses of a delay in shipment as described in this subparagraph, such costs, shall be paid by you.
8.1 You shall (i) be responsible for your compliance with this Agreement; (ii) be solely responsible for the accuracy, quality, integrity, and legality of the information provided to Basma and of the means by which you acquired or generated such information; (iii) be solely responsible and liable for all activity you conduct in connection with the products; (iv) use the products only in accordance with applicable laws and government regulations.
8.2 You must not (a) make the products available to anyone other than to you; (b) use the products in a way that may be infringing, defamatory, threatening, harmful, or otherwise tortious or unlawful; (c) upload to, or transmit from, the Site any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component; (d) attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Site, any third-party use of the Site, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law); (e) access the Site in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the products or services; (f) attempt to gain unauthorized access to the products or its related systems or networks; or (g) authorize, permit, or encourage any third party to do any of the above.
9. Warranties and Disclaimer
9.1 Basma shall not be liable for (i) any defects that are caused by neglect, misuse, or mistreatment of its products by any third party, (ii) for any products that have been altered or modified in any way by an individual or entity other than Basma, or (iii) for any products being used in combination with other third party products. Moreover, Basma shall not be liable for any defects that result from the Medical Cooperation Partner’s specifications or instructions for such products. If any Basma product fails to conform to the warranty set forth above, Basma’s sole liability, at its option, shall be to: (i) repair or replace such product; or (ii) credit your account for such product. If Basma elects to repair or replace such product, it shall have a reasonable time to repair such products or provide replacements.
9.2 To the extent allowed by local law, except for the obligations set forth in the warranty statement above, in no event shall Basma be held liable for any other warranty or condition of any kind whether express or implied warranties or conditions of merchantability, satisfactory quality, and fitness for any specific purpose.
10. Limitations of Liability
10.1 Except for the obligations specifically set forth in this warranty statement, in no event shall Basma be liable for direct, indirect, special, incidental or consequential damages in connection with or arising out of this Agreement or the use of the aligners provided hereunder, however caused, and under any theory of liability whether in negligence, breach of warranty, strict liability, contract, tort, indemnity or any other cause or theory whatsoever.
10.2 In no event shall Basma’s aggregate monetary liability for damages of any kind arising out of or in connection with this Agreement, or any use of any product provided hereunder, exceed the total amount paid to Basma for the particular products sold under the Agreement for which losses or damages are claimed. The existence of more than one claim against the particular products sold to you under this Agreement, or the existence of more than one agreement with you or the sales of additional products to you shall not enlarge or extend this limit.
10.3 You shall be liable to compensate Basma for any expenses incurred by Basma as a result of your failure to comply with this Agreement.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BASMA AND/OR ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS, ACTIONS, DAMAGES, PENALTIES, FINES, DEMANDS OR SUITS AND ALL RELATED COSTS, ATTORNEY’S FEES AND EXPENSES OF ANY KIND AND NATURE WHATSOEVER ARISING UNDER ANY THEORY OF LEGAL LIABILITY THAT MAY BE ASSERTED AGAINST BASMA ARISING OUT OF, OR RESULTING FROM, OR RELATING TO: (I) THIS AGREEMENT OR USE OF PRODUCTS SOLD UNDER THIS AGREEMENT; (II) ANY BREACH OF OR FAILURE BY YOU TO ABIDE BY ANY TERM OF THIS AGREEMENT; (III) ANY BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU IN THIS AGREEMENT OR ANY INCORRECT INFORMATION PROVIDED BY YOU; OR (IV) BASMA’S PROVIDING OF OR FAILURE TO PROVIDE PRODUCTS TO YOU, UNLESS THE PROVIDING OF OR FAILURE TO PROVIDE SUCH PRODUCTS WAS DUE TO BASMA’S WILFUL MISCONDUCT OR GROSS NEGLIGENCE.
12.1 If you violate the content or spirit of these Terms and Conditions, abuse the products, or otherwise create risk or possible legal exposure to Basma, Basma can terminate this Agreement at our sole discretion.
12.2 Upon termination of this Agreement for any reason, (i) you will immediately cease all use of the products; and (ii) you will pay Basma all unpaid amounts owing to Basma.
13. Intellectual Property
13.1 This Agreement does not transfer from Basma to you any Basma or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Basma. Basma.com, the Basma logo, and all other trademarks, service marks, graphics, and logos used in connection with the Site or the products, are trademarks or registered trademarks of Basma. Other trademarks, service marks, graphics, and logos used in connection with our Site may be the trademarks of other third parties. Your use of our website grants you no right or license to reproduce or otherwise use any Basma or third-party trademarks. All rights, title, and interest in and to the products not expressly granted in this Agreement are reserved by Basma.
13.2 The Registered User (or any third party who has given authorization for the Registered User to provide the Submitted Text) retains the rights in relation to the submitted. While the content of the submitted data remains the property of the Registered User, Basma collates data relating to the data on an aggregate basis for statistical purposes.
Basma reserves the right to share your name, address, telephone number, and descriptions of care with its team and any Medical Cooperation Partner.
You acknowledge that the rights granted to you under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Basma’s right to license, sell, or otherwise make available the products to any third party or perform any services for any third party.
These Terms and Conditions were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and Conditions and the English version, the English version will prevail.
17.1 Basma reserves the right to modify, supplement, or replace the terms of this Agreement, effective upon posting on Basma website or notifying you otherwise. Your continued use of the services after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new terms. Except for changes made by Basma as described here, no other amendment or modification of this Agreement shall be effective unless set forth in a written agreement bearing a written signature by Basma.
17.2 For purposes of service messages and notices about the services, Basma may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Basma to an email address associated with your account, even if Basma has other contact information. You acknowledge and agree that Basma shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the products.
17.3 No waiver of any provision of this Agreement is binding unless it is in writing and signed by all parties to this Agreement, except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this Agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.
17.4 The parties intend by this Agreement that you are and at all times shall be an independent contractor and not the agent or employee of Basma. Neither this Agreement nor any contract with Basma nor any course of dealing or practice shall be interpreted as creating, or shall be deemed to create, any employer-employee, principal-agent, partnership, joint venture or other relationship between you and Basma.
17.5 Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lock-outs, or labor disruptions; pandemic and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
17.6 The terms of this Agreement will apply to all orders you submit to Basma and shall supersede any additional terms, which may be incorporated in a purchase order form, or any other form you generate. Any such terms shall be null and void.
17.7 This Agreement constitutes the entire agreement between Basma and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Basma, or by the posting by Basma of a revised version.
17.8 If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
17.9 Basma may assign its rights under this Agreement without condition and without the need to notify you or acquiring your approval.
17.10 This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
18. Basma Referral Program
18.1 Qualified Invite
Any person that arrives on our website through the 'Refer A Friend' program link, orders the impression kit and purchases an invisible aligner treatment is defined as a 'Qualified Invite'. The Qualified Invite will only be considered that once the aligner treatment is shipped. Any additional purchases made by the Invited Customer or Referred Friend will not count towards another Qualified Invite.
18.2 Invited Customer
The Invited Customer (or Referred Friend) and the Referrer cannot be the same person. For example, you cannot invite yourself using a different email address.
18.3 Referral Rewards
Your reward as a Referrer will only be sent once the Invited Customer or Referred Friend orders their invisible aligner treatment and their aligners are shipped. You will receive the reward 2-3 weeks from when the Invited Customer or Referred Friend’s invisible aligners are shipped. Your reward will be sent to your inbox to redeem. As a referrer, you will only be eligible to receive a reward for up to 10 Qualified Invites. All Qualified Invites after that will not be counted and no reward will be shared.
18.4 Eligibility and No Spam
The Basma referral program is limited to individuals and cannot be used by businesses. By using the Basma referral program, you understand that you must not use the program for spam emailing and sharing. All links and emails shared by you must be done in a personal manner and bulk emailing is discouraged. For any sharing that is considered spam, we reserve the right to terminate and exclude your account from the Basma referral program.
18.5 Right to close account, cancel program, or change terms
Basma reserves the right to close the accounts of any Referrer, Invited Customer or Referred Friend as well as request proper payment if the users of the program breach these terms or attempt to use the Basma Referral Program in a questionable manner or breach any laws. Basma has the right to cancel the Referral Program and change the Terms and Conditions at any time. All unclaimed rewards will be forfeited.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
If you have any questions or concerns about any of our policies, please contact us on [email protected]