Terms and Conditions

Last Updated 08-28-2020

Welcome to Fairyfill, your personalized dental suite! We thank you for choosing us and are thrilled to assist you in any way that we can. You have reached the terms and conditions page. We hope that you find this helpful, but should you have any questions or comments, please contact us at contact@fairyfill.com .

1. Agreement to Terms

The services that the Fairyfill mobile app (“app”) and website (“website” or “site”) provide are fulfilled by Fairyfill, LLC. (“Fairyfill”). These terms of service (“Terms of Service”) govern your access to and the use of services as well as the features available on all of Fairyfill’s platforms, including but not limited to our mobile app and website, both mobile and desktop, located at www.fairyfill.com. By downloading and using our app and/or website, you will have access to a database of professional dental offices and professional independent contractors practicing in the dental field.

What is Fairyfill?: Consider us your one stop shop for the most common dental necessities, or what we prefer to say: your dental suite! Fairyfill is a network designed to introduce one dental professional to another dental professional, for networking sake as well as job fullfillment. As a dental practice owner or authorizing manager, you will have the option of selecting one of four Fairyfill memberships that offer some or all of the following features:

Ability to post about job openings at your company
Access to networking and finding local dental professionals within the community that can pick up temporary and/ or permanent positions at your office
Assistance with last minute employee requests, in the case that your employee called out sick or had an emergency and your office is in need of someone to care for your patients
The ability to keep track of your already existing staff, or incorporate a schedule for an independent contractor working either a temporary or permanent position at your office
The ability to create and manage events and send messages directly to staff members
As a non dental office owner or manager, dental professionals have the ability to network and seek both temporary and permanent employment via Fairyfill. As a staff member or employee of an office that uses Fairyfill, you may be invited to use this platform to stay informed with office events, keep in contact with other employees and staff members, as well as edit schedules as the dentist and/or manager of the office permits. Lastly, Fairyfill offers a marketplace where dental professionals as well as private vendors can buy and sell lightly used dental equipment, products and services.

1.1 These Terms and Conditions are effective upon acceptance for new users and constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Fairyfill, LLC, concerning your access to and use of the mobile app and www.fairyfill.com website, as well as any related versions of our company. If you do not agree with all of these Terms and Conditions, then you have the ability and right to discontinue use immediately. Continuing to use our app or website confirms your acceptance of the terms and conditions. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the App or Site represents that you have accepted such changes.

1.3 We may update or change the App or Site from time to time to reflect changes to our products, services, or our users’ needs and/or our business priorities.

1.4 Our App and Site are directed towards people residing in the United States. The information provided on the App or Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.5 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

1.6 As a dental office owner or manager, you understand that Fairyfill is designed to create the contact between you and other dental professionals, in order to network and assist with job placement. However, we are not to be held liable for any absence or unacceptable behavior either through the app/ site or in person once a dental professional enters your office. We can not guarantee that the person you have chosen to hire will show up or be a good fit for the position. The decision to hire the dental professional must be made by the appointed staff member of the office or selected by you. By using our app/ site, you understand that there is a risk that this person does not show up to the assigned position. If this were to happen or if the hired person were to not complete the job or did a poor job at doing so, you may leave a review for this person through the app or site and we hope that you will inform us, so that we can take appropriate action. As a dental office hiring an independent contractor, we expect the office and its employees to treat the hired person with the utmost respect and try communicating with this person before leaving a poor review or contacting us. Additionally, it is your responsibility to give the new hire a tour of the office and assist with any questions they may have, in order to do their best at performing the job during their hire. You also understand that it is up to you to request or verify on your own, that the person you have chosen to hire through Fairyfill has the proper licenses and can perform the assigned job or task. If you find that the profile presentation is falsified or inaccurate or if the license is expired, please inform us immediately.

1.7 As a dental professional seeking employment, both temporary and permanent, you understand that you are expected to show up to the assigned date and time requested by a dental employer. It is expected that you follow the office protocol, etiquette, and treat the staff with the utmost respect. Please request proper help to assist you with performing the job adequately, if needed. If for any reason, the office was not as it presented itself as via Fairyfill, please try discussing with the person in charge at the office first, or you may leave a review through the app/ site or contact us, so we can take appropriate action. If you find that an office profile is falsified or exaggerated in any way, please contact us immediately.

1.8 Additional policies which also apply to your use of the App and Site include:

● Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the App or Site, you consent to such processing and you warrant that all data provided by you is truthful and accurate, including but not limited to your age (confirming you are 18 years or older) and professional qualifications and licenses.

2. Acceptable Use

2.1 You may not access or use the App or Site for any purpose other than that for which we make the site and our services available. The App and Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this App/Site, you agree NOT to:

Falsely imply a relationship with us or another company with whom you do not have a relationship
Falsely impersonate a dental professional or information regarding yours or other’s qualifications or licenses.
Advertise that you are a dental professional with licenses that you have not yet obtained, typically, but not always referring to dental students pending licensure.
Accept a position that you are not qualified to work
Accept a position that you do not intend to work, as not showing up to a job will be reported and your profile may be suspended or terminated.

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the App or Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at 714.831.FILL or at contact@fairyfill.com .

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the App or Site and/or send feedback to us (“User Content”). You understand and agree that your User Content may be viewed by other users on the App or Site, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the App or Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our app or site, you grant us the rights to use that content for purposes including, but not limited to: ratings of an employer or employee/ independent contractor.

4.3 We have the right to remove any User Content you put on the App or Site if, in our opinion, such User Content does not seem true, fair or reasonable.

4.4 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.

4.7 If you wish to complain about User Content uploaded by other users please contact us at contact@fairyfill.com or 714.831.FILL or use the take down or report button, when available.

5. Our content

5.1 Unless otherwise indicated, the App and Site as well as Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the App or Site, you are granted a limited licence to access and use the App or Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the App or Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the App and Site as well as Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the App and Site that contains viruses.

5.6 The content on the App and Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the App or Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

6. Link to third party content and Marketplace

6.1 The App/ Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the App or Site. If you agree to purchase goods and/or services from any third party who advertises in the App or Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

6.3 By using the marketplace via the Fairyfill mobile App or Site, you agree to do so at your own risk.

6.4 As a Fairyfill marketplace buyer, you understand that the seller is the responsible party for the products and services provided. You may submit to us a complaint or report on any seller, if you feel that the product or service was misrepresented or not fulfilled in any way. The decision to punish via suspension or termination of the seller’s profile and ability to sell, is entirely up to our discretion. As the buyer, you may request a refund from the seller, and if seller does not agree to partial or full refund, then you or seller have the right to contact us for additional assistance.

6.5 As a Fairyfill marketplace seller, you understand that you are responsible for the products and services advertised as well as the process of shipping, when applicable, to the buyer. If a buyer is unhappy with the purchase, they have the right to request a refund. If this is something you do not agree with, then you must contact us to explain why a refund is not warranted, and we will make the appropriate decision. Please understand that the buyer also has the right to contact us regarding the purchase of any products or services.

7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the App/Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the App or Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the App and Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the App and Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs and platform to access the App and Site and you should use your own virus protection software.

8. Modifications to and availability of the App/Site

8.1 We reserve the right to change, modify, or remove the contents of the App and Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee the App, Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App or Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the App, Site or Services during any downtime or discontinuance of the App, Site or Services. We are not obliged to maintain and support the App, Site or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the App or Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Disclaimer/Limitation of Liability

9.1 The App, Site and Services are provided on an as-is and as-available basis. You agree that your use of the App, Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the App, Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the App/ Site’s content and are not liable for any (1) errors or omissions in content (2) any falsified information mentioned in any profile, whether it be a job seeker or dental office, (3) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (4) any interruption or cessation of transmission to or from the site or services; and/or (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2 Our responsibility for loss or damage suffered by you:

Whether you are a consumer, job seeker or a business user:

● We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the App/ Site or Services or are otherwise a user of the App/ Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at contact@fairyfill.com or 714.831.FILL.

10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App/ Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the App/ Site or Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the App/ Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. Mobile Application

11.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

11.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You must comply with applicable third party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in breach of their wireless data service agreement when using the mobile application; and

(f) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

12. General

12.1 Visiting the App/ Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, text and on the App/ Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the App/ Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

12.4 We may assign any or all of our rights and obligations to others at any time.

12.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

12.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

12.8 The following are trade marks of Fairyfill, LLC. You are not permitted to use them without our approval, unless they are part of material our App/ Site explicitly states you are permitted to use.

12.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.

12.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at contact@fairyfill.com or by post to: Fairyfill, LLC PO box 1715 Newport Beach, CA 92659.

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