These terms and conditions of use ("Terms") are a legal agreement between Shair.Dental Inc. ("Shair Dental", "us", "we" or "our") and you ("you" or "your"). These Terms, together with our Privacy Policy, govern our relationship with you with respect to your use of our website and the features, tools materials or services available on the website (the "Services").
By accessing the Services, you accept and agree to be bound and comply with these Terms and our Privacy Policy, incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.
You affirm that you have reached the age of majority in your jurisdiction of residence, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.
We reserve the right to modify these Terms at any time and in our sole discretion, effective upon posting of an updated version of these Terms on the Services. When we do, we will revise the date at the bottom of this page. You agree to periodically review these Terms in order to be aware of any such modifications. Continued use of the Services after any such changes shall constitute your continued acceptance of these Terms. If you do not agree with these Terms at any time, you must not use the Services.
The Services are a concierge referral service that connects users with licensed dental care providers.
Shair Dental does not provide dental services and is not a contracting agent or representative of any dental care provider who may be connected with you through the Services. Any agreement for the provision of dental care services is between you and your dental care provider. Our role is simply to facilitate the availability of a platform for users to connect with dental care providers.
The dental care providers, and not Shair Dental, are solely responsible for all aspects related to delivery of dental care to you, including booking, rescheduling or cancelling appointments, providing you with dental care services, and handling billing and insurance claims related to such dental care services. Shair Dental does not book appointments, process insurance claims or accept payment from users for dental care services.
While we may take steps to verify the credentials of dental care providers who are connected to users through the Services, we make no representations, warranties or guarantees regarding any dental care provider's reputation, licensing or other credentials. We do not endorse any of the dental care providers who may be connected with users through the Services.
Shair Dental is not responsible for the accuracy or reliability of any information provided to you by dental care providers. We make no representations, warranties or guarantees regarding such information or the services offered by dental care providers who you may be connected with through the Services, including but not limited to availability, pricing accuracy or treatment outcomes.
WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE OR HARM RESULTING FROM YOUR INTERACTIONS WITH DENTAL CARE PROVIDERS WHO YOU ARE CONNECTED WITH THROUGH THE SERVICES.
We hereby grant you permission to use the Services as set forth in these Terms, provided that:
In addition to the other terms set out in these Terms, you agree that you will not:
The foregoing is merely a list of examples of prohibited conduct. We reserve the right to cancel a user account or other access to the Services or take other appropriate actions in our sole discretion in response to any inappropriate conduct, or for no reason at all.
Although we make reasonable efforts to update the information on our Services, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Services is accurate, complete, or up to date. Your use of the Services is at your own risk and neither Shair Dental nor its parent, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, have any responsibility or liability whatsoever for your use of the Services.
These Terms are effective upon the date you first access or use the Services and continues until terminated by you or Shair Dental.
We may (in our sole discretion) suspend or terminate your access to or use of the Services without notification for any violation of these Terms, for other conduct that we deem unlawful or harmful to others. In the event of termination, you are no longer authorized to access the Services, you may not re-register for our Services, and we will use whatever means necessary to enforce this termination.
You may terminate these Terms in accordance with any written authorization from us for termination that we provide after you provide us with a written request for termination.
You understand and agree that upon termination of these Terms:
This Services are not intended for use in any jurisdiction where its use is not permitted. We make no representation that content provided on our Services are applicable or appropriate for use in locations outside of Canada. If you access the Services from outside Canada, you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.
If you enable, access or use third party services available on the Services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Shair Dental with respect to such other services. Shair Dental is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services.
Although the Services may link to other websites, including social media websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the conditions of use, privacy policies and other legal documents of any website which you access through a link from the Services. Your linking to any other off-site websites is at your own risk.
You understand and agree that the Services and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, text, presentation, website layout, selection, and arrangement, are owned by Shair Dental, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Our name, logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Shair Dental or its affiliates or licensors. All of our trademarks are protected by Canadian law. All other trademarks, service marks, company names or company logos, as used or referenced in the Services, are the property of their respective owners and are used under license.
Subject to and conditioned on your compliance with these Terms, we grant you a limited, nonexclusive, nontransferable, nonsublicensable license to access and make use of the Services or its contents in accordance with these Terms. You are authorized to view, download and print portions of the Services solely for your personal and non-commercial use or as we otherwise permit, provided that you agree not to change or delete any copyright, trademark or proprietary notices from the materials. Your computer and browser may also temporarily store or cache copies of materials being accessed and viewed. Any other use of materials on the Services, including:
without our prior written permission, is strictly prohibited. The licenses granted by us terminate immediately and without notice to you if you do not comply with these Terms.
You have no right, title, or interest in or to the Services or to any content on the Services, and all rights not expressly granted are reserved by Shair Dental. Any use of the Services or any intellectual property referenced in this section, except as permitted in these Terms or otherwise expressly authorized by the property owner, shall constitute a breach of these Terms and an infringement or violation of the rights of the property owner, and may be a violation of federal or other laws.
By posting any content, including but not limited to images, information, comments or questions ("User Content") to the Services through forms or otherwise, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such User Content for any purpose in any form, medium or technology without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
By submitting User Content, you declare and warrant that:
We have the right, without notice, to remove or refuse to post on the Services any User Content for any or no reason, in our sole discretion.
By using our Services, you consent to the collection, use, reproduction, hosting, storage, transmission, and disclosure of your personal information in compliance with our Privacy Policy.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES, OR ANY MATERIAL, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICES, IS AT YOUR OWN RISK. SHAIR DENTAL AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS, AND ASSIGNS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, PROBLEM-FREE, OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, ANY PRODUCTS, SERVICES, INFORMATION OR MATERIAL OBTAINED BY YOU THROUGH OUR SERVICES, OR THAT THE SERVER FROM WHICH THE SERVICES IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THE CONTENT AND FUNCTION OF THE SERVICES ARE PROVIDED TO YOU "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL SHAIR DENTAL NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, OR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THESE TERMS; YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SERVICES; ANY LINKED SERVICES; ANY TRANSACTION CONDUCTED IN CONNECTION WITH THE SERVICES; ANY HARM TO YOU CAUSED IN WHOLE OR PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY PERSONS INTRODUCED TO YOU BY OUR SERVICES; OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION ON THE SERVICES; REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT SHAIR DENTAL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SHAIR DENTAL AND ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, SUCCESSORS OR ASSIGNS RELATING TO THE SERVICES WILL BE LIMITED TO ONE HUNDRED CANADIAN DOLLARS ($100.00). THESE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
To the maximum extent permissible by law, you agree to defend, indemnify, and hold harmless the Shair Dental and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable legal fees and costs arising out of or relating to your breach of these Terms or your use or misuse of the Services, including, but not limited to, third-party sites, your User Submissions, and any use of the Services other than as expressly authorized in these Terms.
The formation, interpretation, and performance of these Terms and any disputes arising out of these Terms shall be governed by the substantive and procedural laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Toronto, Ontario, Canada, and you hereby submit to the personal jurisdiction of such courts.
Should any provision or part of any provision of these Terms be deemed invalid by any court, that provision, or portion of the provision, shall be severed and the remaining provisions shall remain intact with the necessary amendments.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the failure by us to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to the Services, you may send an email to hello@shair.dental.
This document was last updated on February 25, 2025.