These terms are legally binding on any use of our services and apply from the time that access or use of any such service has been granted by Checkup. By registering to use any Service you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
Services provided by Checkup will evolve over time based upon user feedback. These Terms are not intended to answer every question or address every issue raised by the use of any service provided by Checkup.
Checkup is not involved in the provision of any healthcare or medical advice or diagnosis. Any information provided on the Website is intended as a guide only and should not be construed as a substitute for professional medical advice. The website is a service that displays information on Practitioners and/or Clinics that has been gathered from the Dentist, Dental Clinic or the Internet. We do not screen or validate any content posted by Clinics and/or Practitioners. If you decide to engage a Clinic or Practitioner to provide Services to you, you do so at your own risk. You should be aware that the results of any search you perform on the Website for Clinics and/or Practitioners should not be construed as an endorsement by Checkup of any particular Clinic and/or Practitioner or constituting any comparative ranking of any Clinic and/or Practitioner.
- “Checkup”, "we" and "us" - means UPRENT LTD (Company number 11252852) which is registered in the United Kingdom.
- "Data” - means any data inputted by You or with Your authority into the Website.
- "Website” and "Service" - means the website(s) at the domain www.checkup.co.uk or any sub-domain under checkup.co.uk aswell as any tool or services made available via the website.
- "You” - means the person who registers to use a service, and, where the context permits, includes any entity on whose behalf that person registers to use a service.
- "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;
2. Content Policy
As we cannot control the information provided by any Clinic and/or Practitioner or information sourced by Checkup from the Internet that is made available through this Website, Checkup does not guarantee or endorse the authenticity, quality, safety or legality of any Clinic and/or Practitioner or the services provided or purported to be provided by any Clinic and/or Practitioner, the accuracy of any listings or any Clinic and/or Practitioner data we may provide you, or the ability of any Clinics and/or Practitioners to complete a transaction.
Checkup acts as a passive conduit for the online distribution and publication of information submitted through the Website, and has no obligation to screen content or information in advance and is not responsible for screening or monitoring material posted by you or Clinics and/or Practitioners. You are solely responsible for the content and information you provide to us to be published on the Website through our data entry forms or otherwise. We reserve the right to edit or remove your content if we believe it is untrue or that it may create liability for us.You acknowledge we may publish your reviews of Clinics and/or Practitioners or the services provided to You by Clinics and/or Practitioners either on the Website or on associated or linked websites and you consent to the unrestricted publication of such reviews. When posting a review of a Clinic or Practitioner to Checkup you must abide by current review policies which include:
- the Review cannot be defamatory;
- the Review must not contain profanity, or personal insults;
- You cannot make a statement about what someone else has said.
- No reports of criminal activity, please report this type of conduct to your local authority.
- Commercial or Personal information of any kind (e.g email addresses, phyical addresses, phone number)
- We may choose to reject reviews where we cannot contact you by email or phone.
3. Use of Website, Services & Software
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). Please note that certain sections of the Website are viewable without registering with us but to actively participate, post opinions or ratings or store your information, you must register as a User. We will not be liable if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to all or some parts of the Website to Users who have registered with us.
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.
If you breach the above clause, you will be committing 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, we reserve the right to immediately cease your right to use the Website.
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.
You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this Website. You must not use any scraping technology on the Website. Any such use or attempted use of an automated program shall be a misuse of our system and this Website. Obtaining access to any part of our system or this Website by means of any such automated programs is strictly unauthorised.
4. For Dental Care Providers
- that the Content submitted is true, accurate and reflects the Dentist’s capabilities in providing the services listed in the Dentist’s profile;
- the Dentist is appropriately qualified, insured and capable of providing the appropriate medical advice, diagnosis, assistance, treatment or procedure;
- providing and maintaining the Website;
- displaying the Dentist’s profile by any means and across any media whether now known or invented after the date of publication of the Dentist’s profile, in any products, services and information provided by Checkup; and marketing, research and promotional activities.
- The rights hereby granted shall include the right to link the Dentist’s profile to, or to present it in, conjunction with, other material.
We may disclose to such persons as we reasonably consider to be the owner of the intellectual property in the Content, the Dentist’s and/or Dentist’s practice’s intention to use such intellectual property right and the Dentist and/or Dentist’s practice give irrevocable consent to such disclosure; and
We may ask the Dentist and/or their practice to provide us with suitable documentary evidence that will reasonably satisfy us of the Dentist and/or Dentist’s practice’s 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 Dentist and/or Dentist’s practice agree to provide such evidence upon request.4.1 The Dentist and the Dentist’s practice shall make sure that its officers, employees, agents and service providers shall:
- at all times comply with all anti-corruption laws applicable to them, including without limitation the Bribery Act 2010; and
- 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 Dentist and/or Dentist’s practice and us and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to the Dentist and/or Dentist’s practice or us.
If the Dentist and/or Dentist’s practice become aware of any breach or suspected breach of clause 4.1, the Dentist and/or Dentist’s practice must notify us immediately. We may immediately suspend operation of the contract between the Dentist and/or Dentist’s practice and us on written notice, pending investigation. Dentist and/or Dentist’s practice must assist us in any such investigation.
If in our sole discretion we determine that the Dentist and/or their practice have breached clause 4.1:
By providing your Content to or through the Checkup Website you grant Checkup Limited a non-exclusive, perpetual, royalty-free, worldwide, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works of, and commercially exploit, such Content throughout the world in any media. We may make your Content available to other companies or organisations for the use or publication of your Content on other media and services. You represent and warrant that you own or have the necessary licences, rights (including copyright and other proprietary rights), consents and permissions to publish and otherwise use (and for us to publish and otherwise use) your Content as authorised under [these Terms and Conditions and you agree to waive your moral rights for the purposes of such licence. You further grant Checkup the right to initiate and take any legal actions which we deem necessary in case of infringement of your Content.
- Payment Obligations
An invoice for the Subscription Plan will be issued each month. Checkup will continue invoicing You until this Agreement is terminated either by You or Checkup in accordance with the Termination Clause 9.
All Checkup invoices will be sent to You, or to a Billing Contact whose details are provided by You, by email. Payment of all amounts specified in an invoice must be paid and will be charged from the default payment you have selected. You are responsible for payment of all taxes and duties in addition to the Subscription Plan.
- General Obligations
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Checkup or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
5. Checkup Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
6. Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Checkup, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
7. Confidentiality and Privacy
8. Data Protection
Communication between you and a Clinic and/or Practitioner via email may be sent through Checkup. The content of these emails may be retained by Checkup in order to assist clients and clinics in tracking their communication.
Communication between you and a Clinic and/or Practitioner by phone may be routed through Checkup. The time and date, success or failure and telephone numbers may be stored by Checkup, in order to assist you and the Clinic and/or Practitioner in tracking phone communication between you and the Clinic and/or Practitioner. An audio recording of the call may also be stored. If the audio of a telephone call will be recorded then you will hear an audible message informing you of this in advance of the call beginning.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either Checkup or You. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Further, you agree that Checkup shall not be liable to you or any third-party for any termination or restriction of your access to the website.
Last updated: 25th June 2020
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