WWW.TOOTHPICK.COM TERMS OF WEBSITE USE

This page (together with any documents referred to on it) tells you the terms on which you may make use of our website www.toothpick.com (our site) and any services that we may provide to you, whether as a guest or a registered user.

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms and that you agree to abide by them. If you do not agree to these terms, please refrain from using our site and the services provided therein.

You should print a copy of these terms or save them to your computer for future reference.

1. Information about us

www.toothpick.com is a site operated by Emergency Dentech Limited, a company registered in England and Wales under number 07204324 with registered office at Treviot House, 186-192 High Road, Ilford, Essex, IG1 1LR and VAT number 121668719 (we).

To contact us, or if you have any concerns about material that appears on our site, or if you wish to make any use of material on our site other than as set out below, please contact info@toothpick.com

2. ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us

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, and 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 opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our acceptable use policy below.

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 that they comply with them.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Please note that you may only use the services provided by our site if you are at least 13 years old.

USE OF OUR SITE

Our site is intended to enable you to perform certain functions, including:

  • Searching for dental practices and dentists by location.
  • Browsing for information on dental practices and dentists, including the prices for their services.
  • Requesting an appointment from a dental practice.
  • Booking appointments directly with dental practices.
  • Providing feedback and comments on our site on dental practices and individual dentists.

How to book dental services

Select your preferred dental practice. If the practice location indicator is red, choose your appointment date and time and proceed to the booking page. If the practice location indicator is white you can request an appointment and we will contact the dental practice on your behalf to request an appointment.

When requesting an appointment you will be asked to submit personal information about yourself such as your name, email address, date of birth and telephone number which we will process and use in accordance with our privacy policy

If you want to request an appointment for someone other than yourself, you must be authorised to do so by that person and/or their parent or guardian if they are under 18 on the date of the appointment.

By requesting an appointment, you confirm that:

  • you and anyone else that a request is made for (including their parent or guardian if relevant) accepts these terms;
  • you will inform any such person of these terms, the confirmation details and other appropriate information; and
  • you are responsible for making all payments due in respect of the appointment jointly and severally with anyone else the request is made for.

Confirmation of your booking

If you are able to select an appointment date and time and complete the booking through Toothpick, your appointment will be confirmed by email.

If you complete the request an appointment form, the practice in question will contact you directly to confirm any resulting appointment.

Either: (a) the dental practice or dentist will take payment; or (b) you will be able to pay online at the time of booking the appointment.

If you pay online through the payment gateway, you agree to be bound by the terms and conditions of use of the payment gateway provider.

In the event that you call us, or are called by us regarding your booking, calls may be recorded for monitoring and training purposes. In the event of a dispute regarding a booking, we reserve the right to review any call information.

Cancelling, amending or changing a booking

You may change or cancel your booking at any time prior to your appointment through the site, but if you do so, there may be a cancellation charge or amendment fee levied by the dental practice or dentist. 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 rebook through the site or directly with the dental practice. Please note that we will have no involvement in any dispute between the dental practice or dentist and you about the service or the payment or non-payment of fees.

Commenting on dental services

If you provide feedback or comments on dental practices or dentists on our site, you must comply with the content standards set out in our acceptable use policy below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy below.

ACCEPTABLE USE POLICY

All material that you contribute to our site (contributions) must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material that is defamatory of any person.
  • Contain any material that is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Failure to comply with this policy constitutes a material breach of these terms of use upon which you are permitted to use our site, and 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 posting or material 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.

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.

VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that 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.

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 our site or to your downloading of any material posted on it, or on any website linked to it.

LINKING TO OUR SITE

With our prior written consent, 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, but 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 from any website that is not owned by you.

Our site must not be framed on any other site, 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. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.

LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by dental practices and other third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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 reference and you may draw the attention of others to material 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 material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

OUR LIABILITY

The information and all other material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy or completeness and we accept no responsibility for any loss or damage that may arise as a result of the inaccuracy or incompleteness of any of such information

The information on our site relating to dental practices and dentists is provided to us by the dental practices. The inclusion of such information on our site is for information purposes only.

You understand that we have not conducted quality or other checks on the dental practices and dentists and we make no representations about the suitability of the services offered through this site. The inclusion or offering of dental practices and dentists services by us does not constitute an express or implied endorsement or recommendation by us of such services.

Commentary and other material posted on our site by third parties is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

If you book an appointment with a dental practice through our site, the obligations arising in relation to the appointment are directly between you and the dental practice and we will have no responsibility to you or the dental practice in the event of the appointment being cancelled or delayed and we will have no involvement in any dispute between the dental practice or dentist and you about the appointment, the service or the payment or non-payment of fees.

We take no responsibility for and are not liable for the misrepresentations, breaches of contract, breaches of statutory duty or negligence of any of the dental practices or dentists. This means that in the event of you suffering personal injury, illness or death as a result of any act or omission of a dental practice or dentist (or their employees or agents) or you having any complaint about the quality of the services provided or having any other complaint at all, your sole right of redress will be against the provider of such service and we will be under no liability at all (whether in contract, tort or otherwise howsoever).

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:

  • loss of income or revenue
  • loss of business
  • loss of profits or contracts
  • loss of anticipated savings
  • loss of data
  • loss of goodwill
  • wasted management or office time

whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

We specifically exclude all liability for any acts of negligence committed by dental practices or dentists listed on our site whose services you engage. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Force Majeure

We will not be liable for any changes, cancellation, effect on your booking, loss or damage suffered by you or for any failure by the dental practices or dentists and/or us to perform or properly perform any of our respective obligations to you which are due to any event(s) or circumstance(s) caused by any force majeure event. By way of example a force majeure event includes, but is not limited to, war, revolution, terrorist act, closure of borders, epidemic, natural catastrophe or other causes that seriously affect both parties and other unforeseeable causes beyond our control.

JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

TRADE MARKS

"Toothpick" is a registered trademark of Emergency Dentech Limited.

VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

These terms were most recently updated on 14th February 2014

Thank you for visiting our site.