Apex Endodontics Limited
Last updated: 22ndDecember 2017
“Content” means all audio, video, text, images or other content and information made available by us to you through the Website and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Website;
“Apex Endodontics, we, our or us” means Apex Endodontics Limited, a company is incorporated and registered in England and Wales with company registration number;
“Endodontists” means dental specialists as listed on the General Dental Council Specialist List;
“Dentists with a special interest in Endodontics” means dentists with further training (Masters degree) in Endodontics;
“User, you or your” means any person who uses the Website, including those who book an appointment with anEndodontist/ Dentist with a special interest in Endodontics using the Website; and
“Website” means Apex Endodontics website located at www.apexendodontics.co.uk and related websites, applications, services and mobile applications provided by Apex Endodontics.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6. A reference to laws in general is a reference to all local, national and directly applicable supra-national laws as amended, extended or re-enacted from time to time and shall include all subordinate laws made from time to time under them and all orders, notices, codes of practice and guidance made under them.
1.7. Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.8. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.9. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.10. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. Acceptance of the terms
2.2. When using the Website, you must also comply with the following terms:
(a) our Acceptable Use Policy, which sets out the permitted and prohibited uses of the Website and our services;
3. Website services and accessing the website
3.1. Apex Endodontics allows you to search for Endodontists/Dentist with a special interest in Endodontics on the Website by location. You may also access information on Endodontists/Dentist with a special interest in Endodontics and their practices, profiles and reviews.
3.3. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw or amend the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
3.4. From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.
3.6. You must not misuse the Website 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 the Website, the server on which the Website is hosted or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial- of service attack.
3.7. If you breach clause 3.6, you will be committing 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, we reserve the right to immediately cease your right to use the Website.
3.8. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any Content, or on any website linked to it.
4. Bookings with Endodontists/Dentist with a special interest in Endodontics, no reliance on content & no medical advice
4.1. The Content on our Website is provided for education, scheduling and general information only. The Content provided on the Website about the Endodontists/Dentists with a special interest in Endodontics have either been obtained by Apex Endodontics from generally available public records and databases, written by Apex Endodontics from publicly available information and databases, or has been submitted to us by Endodontists/Dentists with a special interest in Endodontics.
4.2. Apex Endodontics requires Endodontists/Dentists with a special interest in Endodontics:
(a) to ensure that any Content the Endodontists/Dentists with a special interest in Endodontics provide to us is accurate, complete and truthful;
(b) will use reasonable efforts to update the Content on our Website; and
(c) will ensure that Endodontists/Dentists with a special interest in Endodontics who participate on the Website hold active licenses as required by law to practice the specialities of the services offered by them.
4.3. Notwithstanding the foregoing, Apex Endodontics makes no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up-to-date. Further, we make no claim as to any Endodontists/Dentist with a special interest in Endodontics professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. 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 Content. Furthermore, we do not in any way endorse or recommend any Endodontists/Dentists with a special interest in Endodontics, procedures, opinions or other information or Content listed or accessible through the Website.
4.4. It is the sole responsibility of the Endodontists/Dentists with a special interest in Endodontics to be eligible and capable of providing the appropriate medical advice, treatment, assistance or procedure.
4.5. You are ultimately responsible for choosing your own Endodontists/Dentists with a special interest in Endodontics. Any arrangement, booking or contract for the provision of medical advice, assistance, diagnosis, treatment or procedure with any Endodontists/Dentists with a special interest in Endodontics listed on the Website is made directly between you and the Endodontists/Dentists with a special interest in Endodontics and Apex Endodontics is not a party to such arrangement, booking or contract. You acknowledge and agree that any complaint, grievance or any claim you may have that is in any way connected with anEndodontist/Dentist with a special interest in Endodontics and/or Endodontist’s/Dentists with a special interest in Endodontics’spractice must be addressed and/or brought directly against the Endodontist/Dentists with a Special interest in Endodontics and/or their practice and not against Apex Endodontics.
4.6. Please note that the Content on the Website is provided solely for your information and you use the Website at your own risk. The Content does not provide you with anyrecommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Website and do not use the Website for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.
4.7. Endodontists/Dentists with a special interest in Endodontics listed on the Website with whom you may book appointments, enter into contracts with us, and may pay us a fee in order to be marketed through the Website. We will provide you with Content about the Endodontists/Dentists with a special interest in Endodontics who may be suitable to provide the medical advice you seek based on information that you provide to us such as geographical location. In an effort to assist you in locating a Endodontists/Dentists with a special interest in Endodontics and to enable the maximum choice and diversity of the Endodontists/Dentists with a special interest in Endodontics participating in the services provided on the Website, your search results may also be based on other criteria (including, but not limited to, Endodontists/Dentists with a special interest in Endodontics availability, past selections by Users or ratings of Endodontists/Dentists with a special interest in Endodontics by you or other Users and past experiences of Users with Endodontists/Dentists with a special interest in Endodontics. Notwithstanding the foregoing, Apex Endodontics does not receive any additional fees from the Endodontists/Dentists with a special interest in Endodontics for featuring them on the Website (for instance a higher or better placement on the search results on the Website).
4.8. You remain liable for any fees or costs or other liabilities that you incur with Endodontists/Dentists with a special interest in Endodontics.
5. No Endodontists/Dentists with a special interest in Endodontics patient relationship
5.1. No licensed Endodontists/Dentists with a special interest in Endodontics /patient relationship is created by using the Website or through any other communications with Apex Endodontics. Furthermore, Apex Endodontics does not operate as an employment agency to find patients for Endodontists/Dentists with a special interest in Endodontics and it is simply a Website in which Users can identity and engage with Endodontists/ Dentists with a special interest in Endodontics directly.
5.2. Apex Endodontics has no control over, and cannot guarantee the availability of any Endodontists/Dentists with a special interest in Endodontics at any particular time. We will not be liable for cancelled or otherwise unfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Website whatsoever.
5.3. You are strongly advised to perform your own investigation on the Endodontists/Dentists with a special interest in Endodontics prior to selecting the Endodontists/Dentists with a special interest in Endodontics, including, but not limited to, by making confirmatory telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, by visiting the Endodontist’s/Dentist with a special interest in Endodontics’s practice during a working day, contacting and speaking with your current Dentist and the relevantdental association(s).
6. Review of Endodontists/Dentists with a special interest in Endodontics’ services
6.1. You have the opportunity to submit feedback regarding your experience with an Endodontist/Dentist with a special interest in Endodontics featured through the Website. In order to post a review of your experience with anEndodontist/Dentists with a special interest in Endodontics and give a star rating, you will need to place your review viaTrust pilot.
6.2. There may be a twenty four hour delay before any review is published. We may, but we are not obliged to, check your review for inappropriate content or expletives but we do not edit your review or star rating. We reserve the right not to upload your review or remove any uploaded review at our sole discretion.
6.3. If you consider any review on the Website or any User to be offensive, discriminatory, defamatory or otherwise inappropriate, please notify us of such review by sending us details of the review you consider to be inappropriate and the reason why you consider such review to be inappropriate.
6.4. Upon receipt of notification that any review is considered to be inappropriate, we will evaluate such review and, in our sole discretion, shall decide whether to remove such Content from the Website.
7. Changes to these terms
7.1. We may update the Website from time to time, and may change the Content at any time. However, please note that any of the Content on the Website may be out of date at any given time, and we are under no obligation to update it.
7.2. We do not guarantee that the Website, or any Content on it, will be free from errors or omissions.
7.3. We cannot guarantee continuous access to the Website. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Website at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Website, or close it indefinitely.
8. Your account and password
8.1. 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.
9. Special terms for Endodontists/Dentists with a special interest in Endodontics
9.1. The Endodontist/Dentist with a special interest in Endodontics represents and warrants that in relation to their profile Content:
(a) that the Content submitted is true, accurate and reflects their capabilities in providing the services listed in their profile;
(b) the Endodontist/Dentist with a special interest in Endodontics is appropriately qualified, insured and capable of providing the appropriate medical advice, diagnosis, assistance, treatment or procedure;
9.2. The Endodontist/Dentist with a special interest in Endodontics and their practice grants to Apex Endodontics, its agents and service providers for the entire time the Endodontists/Dentists with a special interest in Endodontics profile appears on the Website, a worldwide, irrevocable, royalty free, fully paid up, transferable, non-exclusive, sublicenseable licence for the purpose of:
(a) providing and maintaining the Website;
(b) displaying the Endodontists/Dentists with a special interest in Endodontics profile by any means and across any media whether now known or invented after the date of publication of the Endodontists/Dentists with a special interest in Endodontics profile, in any products, services and information provided by Apex Endodontics; and
(c) marketing, research and promotional activities.
The rights hereby granted shall include the right to link the Endodontists/Dentists with a special interest in Endodontics profile to, or to present it in, conjunction with, other material.
9.3. We may:
(a) disclose to such persons as we reasonably consider to be the owner of the intellectual property in the Content, the Endodontists/Dentists with a special interest in Endodontics and/or their practice’s intention to use such intellectual property right and the Endodontist/Dentist with a special interest in Endodontics and/or their practicegive irrevocable consent to such disclosure; and
(b) ask the Endodontists/Dentists with a special interest in Endodonticsand/or their practice to provide us with a suitable documentary evidence that will reasonably satisfy us of their entitlement to make use of the intellectual property right in the Content and to permit us to make use of such intellectual property rights and the Endodontists/Dentists with a special interest in Endodontics’s practice agree to provide such evidence upon request.
9.4. The Endodontists/Dentists with a special interest in Endodonticsand their practice shall, and shall make sure that its officers, employees, agents and service providers shall:
(a) at all times comply with all anti-corruption laws applicable to them, including without limitation the Bribery Act 2010; and
(b) not directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of the contract between the Endodontists/Dentists with a special interest in Endodontics’spractice and us and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to the Endodontists/Dentists with a special interest in Endodonticsor us.
9.5. If the Endodontists/Dentists with a special interest in Endodontics and/or their practice become aware of any breach or suspected breach of clause 9.4, the Endodontists/Dentists with a special interest in Endodonticsand/or their practice must notify us immediately. We may immediately suspend operation of the contract between the Endodontists/Dentists with a special interest in Endodontics and/or their practice and us on written notice, pending investigation. Endodontists/Dentists with a special interest in Endodonticsand/or their practice must assist us in any such investigation.
9.6. If in our sole discretion we determine that the Endodontists/Dentists with a special interest in Endodonticsand/or their practice have breached clause 9.4:
(a) we may immediately terminate the contract between Endodontists/Dentists with a special interest in Endodonticsand/or their practice and us by giving Endodontists/Dentists with a special interest in Endodontics and/or their practice written notice; and
(b) the Endodontists/Dentists with a special interest in Endodonticsand/or their practice shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.
10. Intellectual property rights
10.1. We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
10.2. You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to Content posted on our Website.
10.3. 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.
10.4. Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
10.5. You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
11. Limitation of our liability
11.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Website or any Content on it, whether express or implied.
11.3. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Website; or
(b) use of or reliance on any Content displayed on our Website.
11.4. 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 Website or to your downloading of any Content on it, or on any website linked to it.
11.5. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12.2. Upon termination for any reason:
(c) you must immediately delete your account and cease using the Website and certify to us that you have done so.
13. Transfer of rights and obligations
prior written consent.
14. Linking to our website
14.1. 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.
14.2. 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.
14.3. You must not establish a link to our Website in any website that is not owned by you.
14.4. Our Website must not be framed on any other Website, nor may you create a link to any part of our Website other than the home page.
14.5. We reserve the right to withdraw linking permission without notice.
14.6. The website to which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
14.7. If you wish to make any use of Content on our Website other than that set out above, please contact firstname.lastname@example.org.
15. Third party links and resources in our website
15.1. Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
15.2. We have no control over the contents of those sites or resources and acceptance no liability for them.
16. General terms
17. Contact us
To contact us, please email email@example.com
Acceptable Use Policy
This acceptable use policy sets out the terms between you and us under which you may access our website, www.apexendodontics.co.uk (the “Website”). This acceptable use policy applies to all users of, and visitors to, the Website.
The Website is operated by Apex Endodontics Limited (“we”, “ us” or “our”).
“users”, “you” or “your” means customers or anyone else who uses or accesses the Website.
1. Prohibited uses
1.1. You may use the Website only for lawful purposes. You may not use the Website:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) to interfere with any other user’s use or enjoyment of the Website;
(d) to attempt to clinical diagnose yourself;
(e) to prescribe treatments to other users;
(f) to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
(g) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
(h) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
(i) 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.
1.2. You also agree:
(b) not to access without authority, interfere with, damage or disrupt:
(i) any part of the Website;
(ii) any equipment or network on which the Website is stored;
(iii) any software used in the provision of the Website; or
(iv) any equipment or network or software owned or used by any third party.
2. Interactive services
2.1. We may from time to time provide interactive services on the Website (“interactive services”).
2.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3. Content standards
3.1. These content standards apply to any and all material which you contribute to the Website (“contributions”), and to any interactive services associated with it.
3.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
3.3. Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and/or
(c) comply with applicable law in the UK and in any country from which they are posted.
3.4. Contributions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right or trade mark of any other person;
(g) be likely to deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from us, if this is not the case; and/or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
4. Suspension and termination
4.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(a) immediate, temporary or permanent withdrawal of your right to use the Website;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Website;
(c) issue of a warning to you;
(d) 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;
(e) further legal action against you; and/or
(f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
4.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
5. Unacceptable content
5.1. If you find any content on our Website to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third-party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by email at firstname.lastname@example.org and using the subject heading “Unacceptable Content”.
5.2. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or this acceptable use policy and may at our discretion, remove or block access to the content complained of.
6. Changes to the acceptable use policy
We may amend, modify or substitute this acceptable use policy at any time. Your continued use of the Website after any such amendment, modification or substitution constitutes your acceptance of any new acceptable use policy. We recommend that you visit our Website regularly to check for any updates or amendments to this acceptable use policy.