Terms & 

Conditions

BACKGROUND:     

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use Tooth Fairy App (“Our Web App”).  

Please read these Terms and Conditions carefully and ensure that you understand them.  You will be required to read and accept these Terms and Conditions when signing up for an Account.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Web App immediately.     Portions of the Services are viewable without registering with us, but to actively participate or store your information, you must register as a member and authorize the use and disclosure of your personal and health information for purposes of allowing us to provide the Services and as otherwise disclosed in our Privacy Policy.

 

You acknowledge that although some of the content, text, data, graphics, images, video, information, suggestions, guidance, and other material (collectively, “Information”) that is provided to you through the Services (including Information provided in direct response to your questions or postings) may be provided by individuals in the dental profession, the provision of such Information does not create a dental professional/patient relationship, and does not constitute an opinion, dental advice, or diagnosis or treatment, but is provided to assist you with locating appropriate dental care from a dentist or other healthcare specialist, professional or Practitioner . T

he Information that you obtain or receive from Tooth Fairy Healthcare Ltd, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services is for informational, scheduling and payment purposes only. All dental related information comes from independent healthcare professionals and organizations.

If you submit a dental related question through the Tooth Fairy App, answers are (a) provided by independent healthcare professionals and organisations, (b) for informational purposes only, and (c) do not establish any patient/doctor relationship. If you submit a question and/or comment through Tooth Fairy Healthcare Ltd’s Platform to an individual Healthcare Practitioner, Tooth Fairy Healthcare Ltd cannot guarantee that you will receive a response from that Healthcare Practitioner. Tooth Fairy Healthcare Ltd further cannot guarantee that a Healthcare Practitioner will be online and/or otherwise available to communicate with, including through the dental emergency button. The information provided through our app, the site and in any other communications from or provided through Tooth Fairy Healthcare LTD is not intended as a substitute for, nor does it replace, professional dental advice, diagnosis, or treatment. Do not disregard, avoid or delay obtaining dental advice and a physical examination from a qualified healthcare practitioner because of something you may have read on the site. Do not use the services for emergency medical needs. If you experience a medical emergency, immediately call a health care professional and 999. Your use of information provided through the services is solely at your own risk. Nothing stated or posted on the site or available through any services is intended to be, and must not be taken to be, the practice of dentistry or other professional health care advice, or the provision of medical care. You should ensure you are suitable to use our services, and understand that our application has not be created to be specific to individual patients, therefore you should ensure it caters to your needs, as we hold no guarantee it will. We do not recommend or endorse any specific tests, Healthcare Practitioner s, procedures, opinions, or other information that may appear through the Services. If you rely on any Information provided through the Services, you do so solely at your own risk.

1.    Information About Us

1.1    Our Web App is owned and operated by Tooth Fairy Healthcare a limited company registered in England under company number 11118805.

2.    No Doctor Patient Relationship

2.1    No licensed dental professional/patient relationship is created by using information provided by or through the use of the services or through any other communications from Tooth Fairy Healthcare Ltd, links to other sites or any assistance we may provide to help you find an appropriate Practitioner in any field. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, expertise, quality of work, price or cost information or other information through the services. Furthermore, we do not in any way endorse or recommend any individual listed or accessible through the services. 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 Healthcare 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 the Site or Services whatsoever. You are strongly advised to perform your own investigation prior to using our services and follow up all advice with a physical examination.

3.    Access to Our Web App

3.1    Access to Our Web App is free of charge.

3.2    It is your responsibility to make any and all arrangements necessary in order to access Our Web App.

3.3    We may from time to time make changes to Our Web App:

3.3.1    Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue;

3.3.2    Minor changes may be made to reflect changes in the law or other regulatory requirements, however they will be unlikely to materially affect your use of Our Web App; and

3.3.3    We may continue to develop and improve Our Web App over time, in some cases making significant changes to it.  You will be kept fully informed of any and all such changes.

3.4    We will always aim to ensure that Our Web App is available at all times.  In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 3.3.  Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Web App.

3.5    You understand, accept and agree that the Platform functions to connect Dental practitioners with Users.  Each practitioner is an independent professional and is solely responsible for any medical advice or recommendations offered to you through the Platform.

3.6    Our services are not meant to replace or be used instead of the NHS or your regular dental visits. You use this platform at your own risk.

3.7    The Practitioners may share your information with your GP/Dentist where they deem clinically necessary unless you opt out of this sharing of data. Options for medical record sharing will be presented at your consultations on the Platform.

 

4.    Consultations

4.1    Practitioner s listed through the Services with whom you may book appointments enter into agreements with us. To aid fast and swift service, the first practitioner that is available will be selected to consult with you, which depends on availably and duration that a practitioner has been online. The selection of practitioners to consult with you may also be based on other criteria (including, for example, Practitioner availability, past selections by and/or ratings of Practitioner s by you or by other Tooth Fairy Healthcare Ltd users, and past experience of Tooth Fairy Healthcare Ltd users with Practitioner s); but Tooth Fairy Healthcare Ltd (a) does not recommend or endorse any Practitioner s, (b) does not make any representations or warranties with respect to these Practitioner s or the quality of the healthcare services they may provide, and (c) does not receive any additional fees from Practitioner s for featuring them through the Services.

4.2    Tooth Fairy Healthcare Ltd uses reasonable efforts to ensure that Practitioner s only participate in the Services if they hold active dental licences and all certifications necessary to practice any specialty of the services offered by them to patients. Tooth Fairy Healthcare Ltd may exclude Practitioner s who, in Tooth Fairy Healthcare Ltd’s discretion, have engaged in inappropriate or unprofessional conduct.

5.    Services and Prescriptions

5.1    An Account is required to use Our Web App. In order to register, you must provide certain personal; and may provide certain dental information about yourself. You may voluntarily submit, and hereby authorise Tooth Fairy Healthcare Ltd its employees, agents and others operating on its behalf to use and/or disclose, personal, health-related and financial information about you, including, without limitation, your name, address, contact information; dental history; current dental needs; payment card information; and other information that is voluntarily provided (“Personal Information”) in order to provide the Services to you, in accordance with our Privacy Policy. Please review it carefully, as your use of the Services constitutes your agreement to the Privacy Policy.

5.2    You may not create an Account if you are under 18 years of age.  If you are under 18 years of age and wish to use Our Web App, your parent or guardian should create the Account for you and you must only use the Account with their supervision.

5.3    When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

5.4    Certain Practitioner s may provide through the Services price information for their healthcare and related products and services, and you may be permitted to use the Services to pay for such Practitioner Services. In connection with such payment, we process your payment card information in accordance with our Privacy Policy.

5.5    Prior to scheduling an appointment for Practitioner  Services, please carefully review (i) the consent to treatment, (ii) price for services, and (iii) all of the products and services that are included and excluded in each Service.  You and your Practitioner  are responsible for agreeing to any additional or different services. We are not responsible  for your or any practitioner ’s failure to agree to any additional or different services.

5.6    We charge for consultations in 10-minute sessions   Purchases must be for full 10-minute sessions and no refunds or compensation is offered for unused minutes. Exiting the session prior to it’s expiry will result in you having to repurchase additional consultation sessions.  We are not liable if you end a session prematurely or due to a bad connection. You are to ensure your connection is high quality before conducting a consultation and recommend you use a private Wi-Fi connection, of WPA2 security.

5.7    A personal medical profile, known as an Electronic Medical Record (EMR) is created around the information you submit through our Web App and any dental advice you may be given through consultations:

5.7.1    This EMR is a collection of your personal details, medical history, profile settings, dental consultation notes and recordings, advice from any dentists and medications prescribed. It is important to up date any medical conditions of allergies onto your Web App profile, as your EMR is used by dentists to give accurate and relevant advice to you via consultations. We may share and analyse some/whole parts of your EMR if required, for audit purposes or at reasonable requests by the General Dental Council, MHRA, and Care Quality Commission. Tooth Fairy ltd reserves the right to maintain, process, review, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to the Privacy Policy.

5.7.2    Any information you submit through our Web App may be used to form your EMR, including details of your medical history, any presenting complaints, images of your problems, notes and recording from any consultations, and any dental advice given.

5.7.3    If required for medical reasons, or if deemed medically reasonable, your information forming the EMR may be shared with other health practitioners, including by Tooth Fairy ltd and other providers on our platform. You consent to your EMR information being disclosed on accepting this terms and conditions. You can limit access of your EMR by contacting us, as outlined in the Privacy Policy and limit such sharing. You may request a copy of your EMR by contacting us.

5.8    Video consultations are recorded for quality and security purposes. These recordings are held securely in accordance with our retention policy.  We may review consultations for legal purposes or at the request of the consulting practitioner, patient or authorised third party. Recordings are not accessible to the public and are private. Access can only be consented by a treating practitioner, the patient involved, or Tooth Fairy Healthcare Ltd clinical manager.

5.9    Prescriptions received from the Practitioner through the Platform are only valid for use at legal UK pharmacies.  Prescriptions are solely for your personal use and should not be accessible to children, or shared. Please follow the instructions of use.

5.10     We have placed some restrictions on medicines that Practitioner s may prescribe through the Platform. These include controlled or restricted drugs/substances as noted under The Misuse of Drugs Regulations 2001, unlicensed medications, sedatives or sleeping tablets, strong analgesics and medications that need to be initiated by a hospital consultant specialist.

5.11    General prescriptions are not subject to an administration fee by Tooth Fairy Healthcare.

5.12    If you are not satisfied with any aspect of the consultation or you do not understand the advice given, it is your sole responsibility to seek another Practitioners advice.

5.13    Prescriptions issues are private prescriptions and you will be personally liable or any costs incurred for dispensing. Cost will vary according to the specific pharmacy and is not set by Tooth Fairy Healthcare. You will be asked to select a pharmacy you wish to collect your items from and you are not are not obliged to use a specific pharmacy. The dispensing pharmacies are not part of our organisation. Acceptance of prescriptions, cost, availability of medicines or opening hours is at the pharmacies discretion and are not set by Tooth Fairy Healthcare.

5.14    Always read the leaflet accompanying the medicine before consuming. Do not exceed the stated dose. In an emergency please consult your nearest hospital or emergency doctor.

5.15    If you lose a prescription, letter or sick note a copy may be issued, however this is at the sole discretion of the issuing Practitioner.  We provide no guarantees that a replacement will be issued.

5.16    If you are unable to authorise payment for the services chosen in advance, you agree that neither us nor the Practitioner shall be obliged to provide such services.  

5.17    The procedures, products, services and devices discussed and/or marketed through the Services are not applicable to all individuals, patients or all clinical situations. We make no claims as to the safety, appropriateness, or effectiveness of any such procedures, products, services or devices. Any products and/or services represented through the Services by advertisers, sponsors, and other participants of the Services, either paid or unpaid, are presented for your awareness and do not necessarily imply safety or appropriateness for any particular individual or prediction of effectiveness, outcome or success.

 

6.    Your Responsibilities

6.1    Even though the Services are provided free of charge, usual, customary and any other charges for any dental or related services rendered by Practitioner s will apply and will be entirely your responsibility. You must resolve any dispute between you or any Practitioner  arising from any transaction hereunder directly with the Practitioner .

6.2    You are responsible for all use of the Services and for all use of your information, including use by others to whom you have given your information. You may only use the Site and the Services for lawful, non-commercial purposes. You may not use the Site in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Site or the Services. You may not attempt to gain unauthorised access to any of the Services, user accounts, or computer systems or networks, through hacking, password mining or any other means.

6.3    Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):

(a) Copy, modify, adapt, translate, or reverse engineer any portion of the Site, its content or materials and/or the Services; (b) Remove any copyright, trademark or other proprietary rights notices contained in or on the Site and/or the Services or in or on any content or other material obtained via the Site and/or the Services;

(c) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site and/or the Services;

(d)Access or retrieve any portion of the Site and/or the Services for purposes of constructing or populating a searchable database of reviews or other Information related to the healthcare industry or Practitioner s;

(e) Reformat or frame any portion of the web pages that are part of the Site and/or the Services;

(f) Fraudulently misuse the Services, including scheduling an appointment with a Practitioner  which you do not intend to keep;

(g) Create user accounts by automated means or under false or fraudulent pretences;

(h) Collect or store personal data about other users in connection with the prohibited activities described in this paragraph;

(i) Accumulate or index, directly or indirectly, any portion of the Site and/or Services (including, without limitation, Practitioner  or practice information, appointment availability, and price information) for any purpose whatsoever; or

(j) Use any means, including software means, to conduct web scraping of any portion of the Site, its content or materials and/or the Services. In addition to our rights in these Terms of Use, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms of Use.

 

7    Our Intellectual Property Rights and Licence

7.2.1    We make the Services available as a service to consumers and Practitioner s for the purposes of providing an informative and educational resource. We may, but have no obligation to, have Information posted through the Services reviewed by our editorial personnel. It is important to note, however, that the timeliness, accuracy, and completeness of any or all of the Information is not guaranteed. Neither the authors, the editorial personnel, nor any other party who have been involved in the preparation or publication of this work can assure you that the Information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such Information.

7.2.2    All of the Information available on or through the Services and/or the App, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with the Services contain Tooth Fairy Healthcare’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the Services. You may print, download, and store information from the App for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the App or Services in whole or in part, for any commercial gain or purpose whatsoever. You shall not permit any third party to perform any of the foregoing actions and shall be responsible for all damages and liabilities incurred as a result of such actions.

7.2.3    You are encouraged to independently confirm the Information contained herein with other sources and to seek the advice of a qualified Practitioner .

7.2.4    We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use Our Web App to search for dentists for personal (including research and private) and business purposes, subject to these Terms and Conditions.

7.2.5    Subject to the licence granted to Us, Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such content).

7.2.6    All other Content included in Our Web App (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

7.2.7    By accepting these Terms and Conditions, you hereby undertake:

7.2.7.1.1    Not to copy, download or otherwise attempt to acquire any part of Our Web App;

7.2.7.1.2    Not to disassemble, decompile or otherwise reverse engineer Our Web App;

7.2.7.1.3    Not to allow or facilitate any use of Our Web App that would constitute a breach of these Terms and Conditions; and

7.2.7.1.4    Not to embed or otherwise distribute Our Web App on any website, ftp server or similar.

 

8    Links to Our Web App

8.2.1    You may link to Our Web App is hosted provided that:

8.2.1.1.1    You do so in a fair and legal manner;

8.2.1.1.2    You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

8.2.1.1.3    You do not use any of Our logos or trade marks (or any others displayed on Our Web App) without Our express written permission; and

8.2.1.1.4    You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

8.2.2    Deep-linking to other parts of Our Web App requires Our express written permission.

8.2.3    You may not link to Our Web App from any other website the content of which contains material that:

8.2.3.1.1    Is sexually explicit;

8.2.3.1.2    Is obscene, deliberately offensive, hateful or otherwise inflammatory;

8.2.3.1.3    Promotes violence;

8.2.3.1.4    Promotes or assists in any form of unlawful activity;

8.2.3.1.5    Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

8.2.3.1.6    Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

8.2.3.1.7    Is calculated or is otherwise likely to deceive another person;

8.2.3.1.8    Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;

8.2.3.1.9    Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 6.3);

8.2.3.1.10    Implies any form of affiliation with Us where none exists;

8.2.3.1.11    Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or

8.2.3.1.12    Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

9    Links to Other Content

We may provide links to other content such as websites, web apps and downloadable apps.  Unless expressly stated, this content is not under Our control.  We neither assume or accept responsibility or liability for such third party content.  The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.

 

10    Intellectual Property Rights and User Content

10.2.1    All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User.  All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.

10.2.2    Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.

10.2.3    We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created using Our Web App.  Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.

 

11    Acceptable Usage Policy

11.2.1    You may only use Our Web App in a manner that is lawful and that complies with the provisions of this Clause 11.  Specifically:

11.2.1.1.1    You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;

11.2.1.1.2    You must not use Our Web App in any way, or for any purpose, that is unlawful or fraudulent;

11.2.1.1.3    You must not use Our Web App to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and

11.2.1.1.4    You must not use Our Web App in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2.2    The following types of User Content are not permitted on Our Web App and you must not create, submit, communicate or otherwise do anything that:

11.2.2.1.1    is sexually explicit;

11.2.2.1.2    is obscene, deliberately offensive, hateful, or otherwise inflammatory;

11.2.2.1.3    promotes violence; 11.2.2.1.4    promotes or assists in any form of unlawful activity;

11.2.2.1.5    discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

11.2.2.1.6    is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

11.2.2.1.7    is calculated or otherwise likely to deceive;

11.2.2.1.8    is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;

11.2.2.1.9    misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 11.2);

11.2.2.1.10    implies any form of affiliation with Us where none exists;

11.2.2.1.11    infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or

11.2.2.1.12    is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

11.2.3    We reserve the right to suspend or terminate your Account and/or your access to Our Web App if you materially breach the provisions of this Clause 9 or any of the other provisions of these terms and conditions.  Specifically, We may take one or more of the following actions:

11.2.3.1.1    Suspend, whether temporarily or permanently, your Account and/or your right to access Our Web App;

11.2.3.1.2    Remove any of your User Content which violates this Acceptable Usage Policy;

11.2.3.1.3    Issue you with a written warning;

11.2.3.1.4    Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.2.3.1.5    Take further legal action against you as appropriate;

11.2.3.1.6    Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

11.2.3.1.7    Any other actions which We deem reasonably appropriate (and lawful).

11.2.4    We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.

12    Advertising

12.2.1    We may feature advertising within Our Web App and We reserve the right to display advertising on the same page as any User Content.

12.2.2    You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.

12.2.3    We are not responsible for the content of any advertising in Our Web App.  Each advertiser is responsible for the content of their own advertising material.  We will not be responsible for any advertising in Our Web App including, but not limited to, any errors, inaccuracies, or omissions.

 

13    Disclaimers

13.2.1    We have no special relationship with or duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the App and/or the Services; what content you access via the Site and/or the Services; what effects the content on the Site and/or the Services may have on you; how you may interpret or use the content on the Site and/or the Services; or what actions you may take as a result of having been exposed to the content on the Site and/or the Services. You release us from all liability for you having acquired or not acquired content through the Site and/or the Services. The Site and/or the Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site and/or the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site and/or the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site and/or the Services. We provide the site and the services “as is”, “with all faults” and “as available.” We make no express or implied warranties or guarantees about the services. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the services and the site, including without limitation any warranties that the services are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the services will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the services (either directly or through third-party networks) at times or locations of your choosing. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by users of the site or any other data or information provided or received through the site. Except as expressly set forth herein, tooth fairy healthcare ltd makes no warranties about the information systems, software and functions made accessible through the site or any other security associated with the transmission of sensitive information. Deteractive does not warrant that the site or the services will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the services, software or site are free of computer viruses, contaminants or other harmful items.

13.2.2    No part of Our Web App or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only.  Professional or specialist advice should always be sought before taking any action relating to dental services and dental products on our app.

13.2.3    Subject to any legal rights you may have as a consumer, insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Web App will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. 13.2.4    We make reasonable efforts to ensure that the Content contained within Our Web App is complete, accurate and up-to-date.  We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Web App (and the Content therein) is complete, accurate or up-to-date.

13.2.5    If you are a consumer, and as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Web App is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

13.2.6    We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created using Our Web App.  Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.

14    Our Liability

14.2.1    If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill.

14.2.2    If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) Our Web App or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in Our Web App.

14.2.3    To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.

14.2.4    To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Web App or any Content (including User Content) included in Our Web App.

14.2.5    If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

14.2.6    We exercise all reasonable skill and care to ensure that Our Web App is free from viruses and other malware.  Subject to sub-Clause 11.4, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Web App (including the downloading of any Content (including User Content) from it) or from any other website We may provide a link to.

14.2.7    We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Web App resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

14.2.8    Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

 

15    Viruses, Malware and Security

15.2.1    We exercise all reasonable skill and care to ensure that Our Web App is secure and free from viruses and other malware.  We do not, however, guarantee that Our Web App is secure or free from viruses or other malware and accept no liability in respect of the same.

15.2.2    You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.

15.2.3    You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Web App.

15.2.4    You must not attempt to gain unauthorised access to any part of Our Web App, the server on which Our Web App is stored, or any other server, computer, or database connected to Our Web App.

15.2.5    You must not attack Our Web App by means of a denial of service attack, a distributed denial of service attack, or by any other means.

15.2.6    By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Web App will cease immediately in the event of such a breach.

 

16    Privacy and Cookies

The Use of Our Web App is also governed by Our Privacy and Cookie Policy available from www.toothfairyapp.co.uk

 

17    Termination / Suspension / Cancellation of your Account

17. 1    We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms or other policies and terms posted on the Site or through the Services by you or by someone using your information. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. We shall not be liable to you or any third party for any termination of your access to the App and/or the Services. Further, you agree not to attempt to use the App and/or the Services after any such deletion, deactivation or termination (provided, in the case of deactivation due exclusively to your inactivity, you may re-register).

17.2     Cancellation: You may cancel your annual subscription within 14 days, as long as you have not used any of your 4 annual credits for a consultation. If you have used your consultation credits and wish to cancel your subscription, you will be charged the cost of a single consultation multiplied by the number of consultations conducted. For example if two consultations have occurred, then the patients charge is calculated as following: £20 x 2 consultations = £40, annual charge is £5 x 12 = £60. Therefore patient is in credit of £20 (£60 - £40). After a third consultation the patient is not in credit, and therefore you will not be able to cancel your subscription, as you will be deemed to be in-debt to Tooth Fairy for any future consultations. You can email us to cancel a subscription at support@toothfairyapp.co.uk

18    Indemnification

Upon a request by us, you agree to indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including legal fees, made by any third party that arise from or are related to (a) your access to the App, (b) your use of the Services, or (c) the violation of this Agreement), or of any intellectual property or other right of any person or entity, by you or any third party using your information. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.

 

19    Communications from Us

19.2.1    If you have an Account, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to Our Web App, and changes to your Account.

19.2.2    We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 7 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.

19.2.3    For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us.

20    Other Important Terms

20.2.1    We do not make any representation or give any warranties in regard to Practitioners training, qualifications or skill; however we do make appropriate checks to ensure Practitioner validity such as their registration with the GDC and their right to practice in the UK.

20.2.2    We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

20.2.3    You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

20.2.4    The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

20.2.5    If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

20.2.6    No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

21    Changes to these Terms and Conditions

21.2.1    We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our Web App after the changes have been implemented.  You are therefore advised to check this page from time to time.

21.2.2    In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

22    Contacting Us

To contact Us, please email Us at office@toothfairyapp.co.uk or by using any of the methods provided on Our contact page.

 

23    Law and Jurisdiction

23.2.1    These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2.2    If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. 23.2.3    If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales, as determined by your residency.

23.2.4    If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

24    Complaints

If you wish to provide general feedback to our service, please use our contact us form on our website to provide feedback on your experience. If you wish to make a formal complain about our service or practitioner you can contact us at: complaints@toothfairyapp.co.uk We will investigate your complaint and collect as much information as possible about the situation. We hope to find a resolution to your complaint by addressing any concerns you have. Each complaint is dealt with confidentially and without prejudice.

 

25    Assignment

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company or our company’s assets to another entity. We will use reasonable efforts to notify you regarding any change of ownership. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.