Terms and Conditions - Website
These are the terms and conditions governing your use of the website www.dentalsaver.co.uk (hereinafter referred to as 'the Site') and constitutes your binding obligations towards dentalsaver.co.uk (hereinafter referred to as DENTALSAVER, the owner of the Site ('Terms and Conditions'). DENTALSAVER may amend the Terms and Conditions at any time by posting the amended terms on the Site. All amended terms shall automatically become effective immediately after they are posted on the Site and any subsequent use of the Site shall be governed by such amended terms. The Terms and Conditions were last revised on 29 April 2005. You are advised to regularly check the Terms & Conditions for any amendments or updates. If any of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such Terms & Conditions shall be deemed void and shall not affect the validity and enforceability of any remaining Terms and Conditions.
1. Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable English law. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell or purchase for any items on the Site. If you wish to purchase or sell an item on the Site your legal guardian or parents who have registered as users of the Site may make such purchase or sale. DENTALSAVER reserves the right to terminate your membership and/or refuse to provide you with access to the Site if DENTALSAVER discovers that you are under the age of 18 years.
2. Your Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by DENTALSAVER’s Registration form (such information being the 'Registration Data')
(b) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or DENTALSAVER has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms and Conditions, DENTALSAVER has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
3. Use of the Site
You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
(a) 'Your Information' is defined as any information you provide to us or other users of the Site ('Users') in the registration, buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Your Information (or any items listed):
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(i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent or involve the sale of counterfeit or stolen items;
(iii) shall not infringe any third party's intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
(iv) shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
(v) shall not be obscene or contain pornography; |
(b) Solely to enable DENTALSAVER to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. DENTALSAVER will only use Your Information in accordance with the Terms and Conditions and DENTALSAVER’s Privacy Policy.
(c) You represent and confirm that you shall be the sole and exclusive legal owner of all items, goods or products of any description that you wish to offer for sale on the Site. You shall have complete right title and authority to deal in and offer for sale such items, goods or products.
(d) In the event that any transaction or attempted transaction relating to any item, good or service which violates these terms and conditions comes to your knowledge, you shall take all steps to inform DENTALSAVER of the same.
(e) You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Site.
You acknowledge that DENTALSAVER will not be responsible for any liability arising from your default in complying with the provisions of this clause.
4. Platform for Communication
The Site is only a venue where Users may meet and interact with one another for their transactions. DENTALSAVER is not and cannot be a party to or control in any manner any transaction between two Users of the Site. Consequently:
(a) DENTALSAVER is not responsible for any non-performance or breach of any contract entered into between Users. DENTALSAVER cannot and does not Guarantee that the concerned Users will perform any transaction concluded on the Site. DENTALSAVER shall not and is not required to mediate or resolve any dispute or disagreement between Users.
(b) DENTALSAVER does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or purchased on the Site. In particular, DENTALSAVER does not implicitly or explicitly support or endorse the sale or purchase of any items on the Site. DENTALSAVER accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
(c) DENTALSAVER does not make any representation or Warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Site and use your best judgment in that behalf.
(d) The Site is a channel of communication whereby the Users can reach a larger base to buy and sell items. DENTALSAVER is only providing a platform for communication and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with DENTALSAVER nor shall DENTALSAVER have any obligations or liabilities in respect of such contract. DENTALSAVER is not responsible for damages or delays as a result of items, which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.
(e) You shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the other registered Users that you transact with.
(f) You release and indemnify DENTALSAVER and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, DENTALSAVER cannot control the information provided by other Users, which is made available on the Site. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretence.
5. Breach
Without limiting other remedies, DENTALSAVER may immediately issue a warning, temporarily/indefinitely suspend or terminate your membership and refuse to provide you with access to the Site:
(a) If you breach the Terms and Conditions or the documents it incorporates by reference;
(b) If DENTALSAVER is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or DENTALSAVER.
DENTALSAVER may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with DENTALSAVER or use the Site in any manner whatsoever until such time that such User is reinstated by DENTALSAVER. Notwithstanding the foregoing, if you breach the Terms and Conditions or the documents it incorporates by reference, DENTALSAVER reserves the right to recover any dues owed by you to DENTALSAVER and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
6. Selling and Buying
All sales and all purchases on the Site are a firm commitment to purchase. If you are the purchaser for any item and the seller accepts your purchase, you are obligated to complete the transaction with the seller.
DENTALSAVER strongly advises you not to test the site with false listings, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information. Wilfully entering erroneous or fictitious bids may result in prosecution by DENTALSAVER.
Please be aware that even if you do not give DENTALSAVER your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
7. No Warranty
DENTALSAVER and its suppliers provide the Site and services 'as is' and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Site is at your sole risk
8. Limitation of Liability
In no event shall DENTALSAVER or its suppliers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this agreement (however arising, including negligence).
DENTALSAVER's liability in any circumstance is limited to the amount of fees, if any, paid by you to DENTALSAVER. DENTALSAVER, its associates and technology partners make no representations or Warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, DENTALSAVER assumes no liability whatsoever for any monetary or other damage suffered by you on account of
(i) The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or
(ii) Any interruption or errors in the operation of the Site. You expressly understand and agree that DENTALSAVER shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DENTALSAVER has been advised of the possibility of such damages).
