PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 18 AND 24
1 Terms of website use
This page tells you information about us and the legal terms and conditions (“Terms”) on which we provide access to and use of the Appointmentor.co.uk website (www.appointmentor.com) (our “Site”) to you, whether as a guest or a registered user. Use of our Site includes accessing, browsing, or registering to use it.
These Terms (together with the documents referred to in it) will apply to the use by you of our Site. Please read these Terms carefully and make sure that you understand them, before attempting to use our Site. By accessing or using our Site you have indicated to us that you understand and agree to be bound by these Terms.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 4. Every time you wish to use our Site, please check these Terms to ensure you understand the terms which will apply at that time.
If you do not agree to these Terms, you must not use our Site.
2 Other applicable terms
3 Information about us
Appointmentor.co.uk is owned and operated by Welltime Ltd (“We”), a company incorporated in Scotland with company number SC261793 whose registered office is at 52 Gordon Drive, Glasgow, G44 3TN, UK.
You may contact us by telephoning our customer service team on 0844 414 2896 or by e-mailing us at email@example.com. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 24.
4 Changes to these terms
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5 Changes to our Site
We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
“Dental Practice” means a dental practices working in partnership with us at which you are a registered patient;
“Contract” means these Terms and any additional terms or conditions made between us, in writing;
“Dental Practitioner” means the qualified dental practitioner provided by the Dental Practice to provide treatments to the patient;
“Services” means the automated feedback system, Friends and Family Test (FFT) solution and related services provided by us on our Site;
“Feedback” means your view about the quality of the treatment you received in a dental practice;
“Users” means any businesses, organisations or natural persons who use our Site (and “use” shall include accessing, browsing or registering to use our Site).
“User Content” means content uploaded to our Site by Users;
7 Accessing our Site
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
8 Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
9 The Function of our Site
Appointmentor.co.uk provides an electronic web-based platform that enables dental practices to receive automated feedback from their patients. This feedback system also provides a mechanism for dental practices to implement the NHS regulatory requirement of Friends and Family Test (FFT). The dental practitioners can also use the platform of our Site for social media marketing, health education and promotion. The dental practice provides our Site with the email address of their registered patients who have recently treated by the dental practice. Our Site will send an email message to the patient and request him/her to fill out the feedback form. The patient will have the options to remain anonymous and to unsubscribe from receiving such notifications in future.
By signing up for Appointmentor.co.uk’ feedback system, the dental practice confirms that:
- It has taken full consent of the patient to receive feedback notification from Appointmentor.co.uk;
- It has trained (or arranged the training for) the reception staff to seek and register the patient’s consent for sending them relevant communications;
- It will not send any message out to any patients without their consent first granted;
- It has displayed (or arranged to be displayed) the following patient consent notices in in a prominent place at the reception desk and in the waiting room / clinics:
“Patient Feedback and Special Announcements Service
We are delighted to inform you that your Practice has started the Appointmentor service.
You can now form a better relationship with your Practice by providing your feedback on the services you have received. Also you can get news on the special offers and products from your Practice.
You have the full control to opt in or opt out of any services.
In order for you to start receiving the service, please provide your email at the reception desk.
Your practice management team”
10 Fees and Payment
Appointmentor.co.uk doesn’t charge patients any fees to fill out the feedback form.
Appointmentor.co.uk doesn’t store credit card details of the dental practice or dental practitioners to use our Site’s services.
11 Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
Our Site or any portion of it cannot be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without the express written permission of Welltime Limited or the relevant third party content provider to Welltime Limited. The User agrees and acknowledges that it will not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on our Site, for the purpose of re-selling or re-distributing our Site content, mass mailing, or otherwise commercially exploiting our Site content without the express written permission of Welltime Limited.
12 No reliance on information
The content on our 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, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
13 Uploading content to our Site
Whenever you make use of a feature that allows you to upload content to our Site, or to make contact with other Users of our Site, you must comply with the content standards set out in clause 18 of these terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you shall be deemed to have granted us and other Users of our Site a limited licence to use, copy, translate, publish, distribute and store that content and to distribute and make it available to third parties.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
Any content uploaded by a User, whether publicly posted or privately transmitted, is the sole responsibility of the User who originated such content. We do not control or monitor content uploaded to our Site or privately transmitted by our Users and will not be responsible, or liable to any third party, for the accuracy, quality or integrity of any content posted by Users. Any use or reliance on any content or materials posted on our Site is at your own risk.
The views expressed by Users on our Site do not represent our views or values and where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only, we have no control over the content of those websites or resources.
We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in clause 18.
The views expressed by other users on our Site do not represent our views or values.
You undertake and agree that:
- you are over eighteen years of age and the details provided by you to register on our Site are correct and complete;
- these Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
- you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them;
15 Prohibited uses
You may use our Site only for lawful purposes and for no financial reward. You may not use our Site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (as set out in clause 18 below);
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms;
- not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
16 Content standards
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any User Content posted on our Site as well as to its whole.
You warrant to us that:
- any User Content posted by you is accurate, legal, honest, truthful and not defamatory or discriminatory in any way and complies with all relevant codes of conduct and all current legislation;
- where any User Content states an opinion, that that opinion is genuinely held by you; and
- the User Content, if reproduced on our Site will not breach any contract, duty of confidence or infringe any copyright or other third party intellectual property right or make us liable to any legal proceedings.
User Content must not:
- contain any material which is defamatory of any person or constitutes gratuitous personal criticism; or
- provide information that others could use to determine your identity; or
- contain any advertisements or links for other websites; or
- contain any material or language which is obscene, offensive, hateful or inflammatory; or
- promote sexually explicit material or violence; or
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
- be likely to deceive any person; or
- promote any illegal activity; or
- be likely to harass, upset, embarrass, alarm or annoy any other person; or
- be used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
- give the impression that it emanates from us, if this is not the case; or
- contain restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); or
- solicit or attempt to solicit passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engage in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We may, at our sole discretion refuse, suspend, change the date or position of publication or edit any User Content for any reason, including without limitation:
- to comply with the legal or moral obligations of either party; or
- to avoid infringing third-party rights; or
- to comply with any regulatory codes of practice, including the British Code of Advertising Practice; or
- to respond to complaints from Users; or
- to correct errors or technical inaccuracies; or
- for any technical reason concerning our Site.
17 Suspension and termination
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site.
Failure to comply with these Terms, may result in our taking all or any of the following actions:
- immediate, temporary or permanent withdrawal of your right to use our Site;
- immediate, temporary or permanent removal of any User Content uploaded by you to our Site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary; or
- any other action we reasonably deem appropriate.
In the event that you no longer wish to be a User of our Site, you should notify us accordingly at email@example.com. Your account details will be removed from our systems within 60 days of provision of such a termination request. During the first 30 days of this period your account can be re-instated without any charge (however, such re-instatement facility is available only once in each 24 months period). Following this initial 30 day period, your account will be flagged for termination and deletion and you will no longer be able to receive feedback notification in future. Once an account is removed, a fresh order would be required to commence use of our Site again.
To cancel your account with us, a written 30 days’ notice from your official email address or on letter headed paper is required. Failing to do so means you are an active account holder; hence liable to all fees incurred.
18 Our Liability
Our Site only sends notifications to fill out feedback from upon instructions of your Dental Practice. As such, you acknowledge and agree that we are not responsible for any errors resulting due to the changes made by the Dental Practice in appointment slots or for any alteration in fees/prices or cancellation on the part of the Dental Practice.
Any information that you obtain or receive from us including health articles, discount vouchers, promotion codes, social media marketing, Google reviews, our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through our Site is for informational purposes only. The information provided on our Site and in any other communications from or provided through our Site is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.
No licensed dental practitioner/patient relationship is created by using information provided by or through the use of our Site or through any other communications between us and you or through links to other websites or any assistance we may provide to help you find an appropriate dental practitioner.
We make no guarantees, representations or warranties, whether express or implied, with respect to professional qualifications, expertise, quality of work, price or cost information or other information set out on our Site. Furthermore, we do not in any way endorse or recommend any individual listed or accessible through our Site. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on any such information.
You strongly advise you to perform your own investigation prior to selecting a Dental Practice by making telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, and to further verify information about a particular practitioner by confirming with the practitioner’s office, the dental association relative to the dentist’s specialty and the respective medical board.
In connection with using our Site to fill out the feedback from, you understand that YOU ARE ULTIMATELY RESPONSIBLE FOR CHOOSING YOUR OWN DENTAL PRACTITIONER.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the law of Scotland.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
We will not be liable to any User for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
19 Third Party Content
You acknowledges and agrees that some of the content displayed on our Site (such as, for example, promotions, photos, videos, logos, banners, advertising materials, reviews and other content materials) is provided or posted by third parties. Any content provided or posted by third parties, whether publicly posted or privately transmitted, is the sole responsibility of the party or the person from which such content originated. In other words, the third party, and not Welltime Limited is entirely responsible for all content that it uploads, posts or otherwise transmits via the features and services provided by our Site.
We do not control the third party content posted via certain features and services on our Site. As such we are not responsible for and do not guarantee the accuracy, integrity, quality, propriety or lawfulness of any third party content, and shall not be liable to any User in connection with such User’s reliance on such third party content. In addition, we are not responsible for the conduct of any third party’s activities on our Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of such third party’s conduct. As a general condition, although we reserve the right to do so, we do not pre-screen third party content posted on our Site.
Our Site may contain hyperlinks in the form of word link, banners or otherwise, to other websites that are controlled by parties other than Welltime Limited. Users must be aware that we are not responsible for any use of such other websites, even when said website is accessed through a link from our Site. We do not control or monitor these websites and bear no responsibility or liability for them, nor should Welltime Limited be deemed in any way to endorse or approve of the contents, products, services and information on the linked website.
Users acknowledge and agree that by using the features and services provided on our Site, a User may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Welltime Limited be liable in any way for any third party content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed or otherwise transmitted via the features, products and services provided by our Site.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
21 Linking to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact firstname.lastname@example.org.
22 Communications between us
When we refer, in these Terms, to “in writing”, this will include e-mail.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Terms shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second business day after posting or if sent by e-mail, one Business Day after transmission.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
23 Independent Equal Access
Our Site is a portal to provide a bridge between the Dental Practices and their customers. If you have any additional requirements due to a disability or any other reason, you should contact the Dental Practice directly to discuss your specific accessibility and appointment requirements.
24 Other important terms
You will indemnify and keep us (including our agents, officers, directors and employees) fully indemnified against all claims, regulatory complaints, costs, proceedings, demands, losses, damages, expenses or liabilities whatsoever arising out of or in connection with your breach of these Terms or your use of our Site.
We shall not be liable to the User for delays or failures in performance or disruption of the content, features or services of our Site resulting directly or indirectly from Acts of God, forces or causes beyond its reasonable control, including but not limited to, internet failures, telecommunications or any other equipment failures, electrical power failures, labour disputes, riots, disturbances, fires, flood, storms, explosions, acts of war, governmental actions, orders of domestic or international courts.
You expressly understand and agree that the use of the features and services of our Site is at your own risk. We cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. Also, any material or information downloaded or otherwise obtained through our Site is done at your discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose and non- infringement.
We makes no warranty that (a) the features and services provided by our Site will meet your requirements, (b) The service will be uninterrupted, timely, secure, or error-free, (c) The results that may be obtained from the use of our Site will be accurate or reliable, (d) The quality of any services, information, or other material purchased or obtained by you through the features and services of our Site will meet your expectations.
We have the right to access, preserve and/or disclose your account information and/or any information uploaded by you to our Site if we are required to do so by law, it is required by any law enforcement agency or if required by us for the enforcement of these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms and any dispute or claim arising out of or in relation thereto (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
We both irrevocably agree that the courts in Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).