PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 20 AND 26
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 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
We operate our the website www.appointmentor.com. We are Welltime Limited, a company incorporated in Scotland with company number SC261793 whose registered office is at The Ca’d’oro, 45Gordon Street, GlasgowG1 3PE
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 However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.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.
“Appointment” means an appointment made by you with a Dental Practice via our Site;
“Dental Practice” means a dental practices working in partnership with us at which you are (or intend to be a registered patient);
“Dental Practice Website” means the independent website operated by a Dental Practice;
“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 filfil the Appointment;
“Services” means the dental appointment booking service provided by us on our Site and related services;
“Users” means any businesses, organisations or natural persons who use 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 Booking an Appointment
In order to book an Appointment, you must first visit the Dental Practice Website of your Dental Practice.
Upon successful registration with us through your chosen Dental Practice, you will be provided with your login credentials, which you can then use to book an Appointment with your Dental Practice via our Site.
By making an appointment, you confirm that:
Upon successful booking you will receive a confirmation email from us containing the details of your Appointment. Please note that we will always send confirmation emails from the email address: email@example.com. If in doubt, you should add this domain to your list of known or trusted domains. It is worth checking your junk mail or bulk-mail folders if you have not received any confirmation from us.
10 Fees and Payment
In the event that the Dental Practice requires a deposit, or imposes a missed appointment charge and/or a late-cancellation of appointment charge, our Site will ask you to provide your payment details before the Appointment booking process can be initiated.
Our Site will give you two options to make such a payment:
i) making instant payment using our Paypal Gateway (the payment is automatically and immediately transferred to the Dental Practice); or
ii) submitting your credit or debit card details, which will be stored on our servers in an encrypted format using 256 bit encryption for up to 14 days after your appointment date. This information is made accessible to the Dental Practice only if you miss your Appointment or cancel it late with them. We do not store your credit card details permanently. After 14 days from your date of Appointment, your credit card details are deleted and removed permanently and irretrievably from our systems. Welltime Limited will never charge your credit or debit card.
11 Cancellation and Re-arrangement of a Booking
You may re-arrange or cancel your Appointment at any time prior to your Appointment by logging into your account area on the Dental Practice Website. If you do so, there may be a cancellation charge or amendment fee levied by your Dental Practice. Please refer to the Dental Practice in question for full details of their cancellation policy.
If the dental practice changes or cancels your booking you can re-book through the Dental Practice Website (or directly with the Dental Practice). Please note that we will have no involvement in any dispute between the Dental Practice and/or you relating to the services provided by the Dental Practice or the payment or non-payment of fees.
Upon cancellation or re-arrangement you will receive a confirmation email from us containing the confirmation of the cancellation or the re-arranged details of your Appointment.
We reserve the right to cancel an Appointment without notice. In such circumstances, we will not pass on any credit/debit card details to the Dental Practice and, in the event that an instant payment has already been made via PayPal, a refund should be issued by the Dental Practice.
12 Feedback on Dental Practices
You will have the opportunity to submit feedback on our Site about your experience with the Dental Practice and the Dental Practitioner. In providing feedback, you are obliged to provide clear, honest information about the Dental Practice, Dental Practitioner and your experience. All such feedback should be provided in compliance with the content standards contained in clause 18 hereof
13 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.
14 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.
15 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:
17 Prohibited uses
You may use our Site only for lawful purposes and for no financial reward. You may not use our Site:
You also agree:
18 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:
User Content must not:
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:
19 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:
In the event that you no longer wish to be a User of our Site, you should notify us accordingly at firstname.lastname@example.org. 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 book or manage your appointments online. 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. For corporate customers (with 10 or more practices), a written 90 days’ notice is required. Failing to do so means you are an active account holder; hence liable to all fees incurred.
20 Our Liability
Our Site only shows the appointment slots made available by your Dental Practice. As such, you acknowledge and agree that we are not responsible for any 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.
We provide a booking confirmation email when an Appointment is successfully booked, cancelled or re-arranged. We do not assume any responsibility nor any liability for any delay, non-performance or any error caused due to technological and network malfunction or human error. This service is offered in good faith and is not a replacement or abdication of your own responsibility of remembering your appointments. When in doubt, you should call the Dental Practice and reconfirm.
Any information that you obtain or receive from us including our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through our Site is for informational, scheduling appointments and payment 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.
We have no control over, and cannot guarantee the availability of any dental practitioner at any particular time. We will not be liable for cancelled or otherwise unfulfilled Appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of our Site whatsoever.
You are strongly advised 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 book appointments with Dental Practitioners, 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:
If you are a business user, please note that in particular, we will not be liable for:
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.
21 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 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.
23 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 email@example.com.
24 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.
25 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.
26 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).