CompareDent Terms & Conditions for Dental Clinics
Last updated: 9th July 2024
Welcome to CompareDent Ltd. The terms "us", “we”, "our", and “CompareDent,” refer to CompareDent Ltd, a private limited company registered in England and Wales (Company Registration number 15709797). Our registered office is 10 Dunsters Avenue, Bury, England, BL8 1EF.
Please read these Terms & Conditions (also, “terms”) carefully before using comparedent.co.uk, as by using our Website and its Services, and by clicking accept when prompted to the Website, you agree to be bound by all agreements which constitute CompareDent’s Terms & Conditions, including the Privacy Policy and Cookies Policy, and that you will comply with them.
You agree not to use CompareDent or its Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using CompareDent you are fully accepting the Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using CompareDent and its Services.
CompareDent Ltd reserves the right to update or amend these Terms and Conditions at any time and your continued use of the Website and/or Promotional Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
CompareDent may update the Website from time to time, and may change the content at any time.
1. Definitions
1.1 In these Terms and Conditions, the following words and expressions have the following meanings:
“you” / “Clinic” / “Dentist”
the dental Clinic offering their professional service to Patients using CompareDent;
“us” / “we” / “CompareDent” / “comparedent.co.uk”
CompareDent Ltd, registered address 10 Dunsters Avenue, Bury, England, BL8 1EF (registered in England & Wales, registration number 15709797);
“Patients” / “users”
consumers who use CompareDent to find a Clinic to provide the dental care they require;
the “care” / “dental care” / “dental treatments”
the dental care provided by a Clinic to a Patient;
“account”
a Clinic’s comparedent.co.uk account;
“promotional services”
marketing and promotion tools and services offered by CompareDent to Clinics;
the “Website” / “platform”
means comparedent.co.uk and its associated Promotional Services;
the “terms” / “agreement” / “terms & conditions”
the Terms & Conditions outlined here.
1.2. All headings are for ease of reference only and will not affect the construction or interpretation of these Terms and Conditions;
1.3 References to “in writing” or “written” include e-mail.
2. Our promotional services
2.1 CompareDent Ltd operates comparedent.co.uk, a UK-based dental treatment comparison Website. At comparedent.co.uk, we provide a comparison of dental practices, allowing consumers to search and compare dental procedures and treatments. In addition, we provide marketing tools and solutions within the scope of the dental sector. In particular, we run a platform where dental practices can register their practice and treatments offered in order to attract and acquire new Patients on the CompareDent Website.
CompareDent aims to:
- Provide Patients with an easy-to-use and transparent comparison platform for dental treatments, so they can choose the best services and prices for their needs.
- Connect dental Clinics to new, engaged Patients.
2.2 Clinics are independent businesses and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of CompareDent. CompareDent does not perform dental treatments and does not employ individuals to perform dental treatments. By connecting Patients seeking dental care to Clinics that provide them, comparedent.co.uk operates as an online search platform.
2.3 Access to CompareDent is conditioned upon the dental Clinic’s acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms & Conditions for Clinics").
These Terms are valid for all Promotional Services that CompareDent provides to Clinics within the scope of comparedent.co.uk and its applications.
2.4. CompareDent provides the Promotional Services of comparedent.co.uk "as is," and reserves the right to develop, suspend, amend, and update the design, functionality, and abilities of comparedent.co.uk from time to time, as well as make adjustments to the software. CompareDent will inform YOU about any material changes to comparedent.co.uk in your Account and/or via e-mail. In the event of a restriction of services, CompareDent will notify you without undue delay and, in the event of a suspension of services, by giving 30 (thirty) days prior notice to such suspension becoming effective.
2.5 CompareDent acts only as a facilitator for Patients and Clinics and the provision of any dental treatments performed by a Clinic to a Patient will be subject to an entirely separate legal contract. If there are any issues with performance of the dental care or treatments by you, the Patient will have legal rights of redress against you, the Clinic, directly.
3. Clinics’ use of CompareDent
3.1 By registering for a Clinic account, you represent that you:
- agree to be bound by these Terms and Conditions;
- are representing a dental practice where all relevant staff are registered with and regulated by the General Dental Council (GDC);
- will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith and will in any event not use comparedent.co.uk to upload or host any illegal content or treatments;
- will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting;
- will respect the privacy and data protection rights of Patients;
- are responsible for identifying and obtaining any required licenses, permits, or registrations before offering dental care and undertaking dental care.
3.2 To register for a CompareDent account to connect with potential Patients, you must provide your Clinic name, Clinic address, Clinic telephone number, Clinic email, Clinic Google Reviews, Clinic opening hours, treatment pricing, treatment breakdown, and the finance options available to your Patients.
3.3 You consent to be shown to prospective Patients and the public.
3.4 You agree to provide accurate and complete information on your profile and to keep that information current. You agree not to provide any false or misleading information about your
identity or location, your business, the beneficial owner(s) of your business, your skills, or the dental care your business provides, and you agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the account, or access to CompareDent, of any Clinic that provides false, inaccurate, or incomplete information. You may only create one account per Clinic that you operate. We reserve the right to remove any duplicate accounts that are controlled by you for materially the same Services.
3.5 You agree not to request or allow another person to create a CompareDent account for you, your use, or your benefit, except authorised employees.
3.6 You agree to use CompareDent.co.uk for lawful purposes only and not:
- in any way that breaches any applicable local, national or international law or regulation;
- in a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purposes of harming or attempting to harm any person, business or entity in any way;
- to undermine the purpose and provision of dental care;
- to violate the privacy of others;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of solicitation;
- to reverse engineer, decompile, dissemble, decipher or otherwise derive the code used on the Website;
- to use any robot, spider, scraper, or other automated means to access the Website;
- to reproduce, duplicate, copy, sub-licence, broadcast, distribute, sell, re-brand or re-sell any part of the Website (without CompareDent’s express consent).
3.7 You agree that you will comply with the Privacy Policy.
3.8 Where content you upload does not comply with these terms or requires clarification, CompareDent may contact you for further information before publishing such content.
3.9 You warrant that all content you upload shall comply with these Terms, and you agree to indemnify CompareDent for any loss CompareDent suffers as a result of your failure to comply with these Terms.
3.10 CompareDent will not be responsible, or liable to any third party, for the content or accuracy of any content uploaded by you to the Website.
3.11 CompareDent reserves the right to remove or withhold any content at any time which it considers fails to comply with these terms.
3.12 CompareDent reserves the right to edit content you upload to amend spelling, grammar, punctuation, length, for the purposes of clarity and to ensure that the content can comply with these Terms.
3.13 You agree to pay the associated fees, including but not limited to cost per lead (“CPL”), for using CompareDent’s promotional services in accordance with the payment terms and conditions listed in the Insertion Order and Payment Terms provided before the services commence.
4. Access to the CompareDent Website
4.1 CompareDent does not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted.
4.2. You are responsible for making all arrangements necessary for you to have access to the Website.
4.3. Your access to the Website is permitted on a temporary basis only.
4.4. CompareDent may suspend, withdraw, discontinue or change all or any part of the Website without notice to you.
4.5. CompareDent will not be liable to you for any reason if the Website is unavailable at any time or for any period.
5. Intellectual property rights
5.1 The property and any copyright design rights or other intellectual property rights in any material, data or other information provided to you by CompareDent, including all information and content on the Website, (subject to any such rights of any third party) belong (or continue to belong) to CompareDent and this Agreement does not grant you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Website or otherwise owned by CompareDent.
5.2 Where you upload content to the Website you must ensure that all content uploaded:
- is accurate, true, up to date, genuine and not misleading;
- is relevant and appropriate;
- complies with applicable law in the UK and in any country from which the content is posted or viewed and does not promote illegal activity;
- complies with the Privacy Policy and does not disclose any personal or confidential information;
- does not contain material which is or potentially could be defamatory, obscene, aggressive, offensive, hateful, inflammatory or rude;
- does not infringe the copyright or any intellectual property rights of any person and where such content relates to an image, you must ensure that all necessary consents and authorisations have been obtained;
- does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not relate to the services provided by CompareDent;
- does not have the purpose or effect of advertising, discussing or commenting on third party businesses who are not a Member;
- is not threatening, abusive or invades others privacy or causes annoyance, inconvenience or needless anxiety;
- does not impersonate any person or misrepresent identities or affiliations; or
- does not give the impression that it emanates from CompareDent (if this is not the case).
5.3 When you upload any content (including text or photographs) to the Website, you assign all rights in such content to CompareDent.
5.4 You agree to CompareDent using the Clinic name you submit in connection with the Clinic information you provide (as outlined in 3.2).
5.5 You agree that once you have submitted content, the content will become the property of CompareDent and you cannot recall any part of such content.
6. No reliance on information or speed of service
6.1. The content contained on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
6.2. Although CompareDent makes reasonable efforts to update the information on the Website, please note that the content contained on the Website may be out of date at any given time and CompareDent are under no obligation to update it.
6.3. In case of Patients experiencing emergency dental situations, CompareDent aims to put such customers in touch with Clinics that can provide emergency treatment, and direct them to relevant NHS dental services where necessary. However, CompareDent cannot guarantee a specific response time and will not be liable for the failure of any Clinic to succeed in providing any service in any specific time frame.
6.4. The pricing displayed is offered by the Clinic and is not offered, underwritten or approved by CompareDent. Any agreement reached between Patients and Clinics based on this or any other pricing structure is a contract between Patients and Clinics and accordingly CompareDent is not a party to it.
6.5. During the vetting process, CompareDent will request copies of a Clinic’s Care Quality Commission (“CQC”) registration, relevant staff members’ General Dental Council (“GDC”) Registration, public liability insurance (“PLI”) documentation, and any other relevant insurance or vetting documentation. CompareDent also carries out monitoring to ensure appropriate documentation is updated regularly. CompareDent cannot however guarantee whether Clinics retain PLI insurance between vetting and monitoring.
If we are made aware that a Clinic has expired PLI, CQC or GDC registration, we use reasonable endeavours to notify consumers by means of a notice on the relevant Clinic’s CompareDent profile, or removal of the profile. We cannot however guarantee that such a notice has been provided in every case of expired PLI, CQC or GDC registration.
CompareDent therefore recommends that Patients check a Clinic’s insurance certificate, CQC registration, and GDC registration before they book an appointment.
7. Links to third party Websites and linking to the Website
7.1. The Website may include links to third party Websites that are controlled and maintained by others. Any link to other Websites is not an endorsement of such Websites and you acknowledge and agree that CompareDent has no control over such Websites and is not responsible for the content or availability of any such Websites.
7.2. You may link to the Website’s homepage, and your Clinic’s profile on the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
7.3. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by CompareDent where none exists.
7.4. CompareDent reserves the right to withdraw linking permission without notice.
8. Viruses
8.1. CompareDent cannot guarantee that the Website will be secure or free from bugs or viruses.
8.2. CompareDent will not be liable for any loss or damage caused by a virus, or any other technologically harmful material that may infect your computer equipment, data, computer programs or other proprietary material due to your use of the Website or to your downloading of any content on the Website, or linked to the Website, where CompareDent have taken reasonable security to prevent this.
9. Liability
9.1 You acknowledge that you remain contractually liable to Patients for the provision of dental care, but you acknowledge that CompareDent may suffer reputational damage if you do not perform your contractual obligations as a dental Clinic properly.
9.2 You hereby agree to indemnify CompareDent in full against:
- all losses (including all direct, indirect and consequential losses), liabilities, costs, damages and expenses that we do or will incur or suffer; and
- all losses, liabilities, costs, damages and expenses we do or will incur or suffer as a result of defending or settling any actions, claims or proceedings brought or threatened against CompareDent by any person (including, without limitation Patients).
In each case arising out of or in connection with your breach of your obligations set out in these Terms, and/or the care provided to Patients, and:
- all losses, liabilities, costs, damages and expenses we do or will incur or suffer as a result of defending or settling any actions, claims or proceedings brought or threatened against CompareDent by any person (including, without limitation Customers) claiming that content provided by you to CompareDent (including any content uploaded by you to the CompareDent Website) infringes the intellectual property rights of any third party.
9.3 CompareDent will have no liability to you for any:
- loss of profit, loss of sales or business (in each case whether direct, indirect or consequential);
- loss of or damage to goodwill, loss of reputation or loss of opportunity (in each case whether direct, indirect or consequential);
- any liability you may owe to any third party, including, but not limited to, a Patient (in each case whether direct, indirect or consequential);
- loss of use or value of any data or software (in each case whether direct, indirect or consequential);
- indirect or consequential loss.
9.4 Nothing in these Terms and Conditions will operate to exclude or restrict any liability of either you or us:
- that cannot be excluded or restricted in these Terms and Conditions in respect of death or personal injury resulting from negligence;
- for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or
- for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
10. Confidentiality
10.1 Any information provided by CompareDent or concerning CompareDent's affairs shall be kept confidential by you and all information provided by you which is so designated by you shall be kept confidential by CompareDent; but the foregoing shall not apply to any documents or other materials, data or other information which enter the public domain (other than by breach of this Clause 10.1, or where any disclosure is required by law or regulatory authority).
10.2 You will not disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Website in accordance with these Terms and Conditions. If relevant, you may disclose the Confidential Information to your authorised employees and agents provided that they are also bound to maintain the confidentiality.
10.3 You shall use best efforts to protect confidential information from unauthorised disclosure, transfer or use and promptly notify CompareDent in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of confidential information.
10.4 Neither party shall use the other's name, trademarks, service marks or logos for any promotional or publicity purposes without the express written consent of the other.
11. Termination
11.1 Without affecting any other right or remedy available to us, CompareDent may withdraw your registration as a Clinic on the Website with immediate effect by giving you notice if:
- you fail to comply with your obligations in Clauses 3, 9, and 10, relating to your use of the Website or performance of dental treatments for your Patients;
- you receive a disproportionate number of complaints and/or bad reviews on the Website from Patients regarding your dental treatments and/or dealings with customers more generally;
- in our absolute discretion, we consider your registration as a Clinic on the Website to be detrimental or potentially detrimental to the reputation of CompareDent; or
- you are subject to an investigation by a competent regulatory authority, including without limitation, the Care Quality Commission, the General Dental Council, the Information Commissioner, the Competition and Markets Authority or Trading Standards.
11.2 Without affecting any other right or remedy available to us, CompareDent may withdraw your registration as a Clinic on the Website with immediate effect by giving you notice if:
- the other party commits a material breach of any term of these Terms and Conditions;
- the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up, having a receiver appointed to any of its assets or ceasing to carry on its business;
- the other party suspends, or threatens to suspend or cease or threatens to cease to carry on all or a substantial part of its business; or
- the other party's financial position deteriorates to such an extent that in the terminating party's opinion the other party's capability to adequately fulfil its obligations under these Terms and Conditions has been placed in jeopardy.
11.3 The termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any contract between you and any Patient.
11.4 In the event that you cease to provide dental care and / or you do not wish to continue to be listed on comparedent.co.uk, you shall notify us immediately so that we may withdraw your registration as a Clinic on the Website so that Patients are not provided with your details.
12. General provisions
12.1 We make changes to these Terms and Conditions from time to time. You should therefore check these Terms whenever you return to our Website to see whether any changes have been made, as these will be binding on you. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
12.2 This Agreement does not grant any rights to anyone else. Its provisions are between you and us and cannot be enforced by any third party.
12.3 We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.
12.4 These Terms and Conditions are personal to you and you will not assign or transfer or subcontract any of your rights or obligations without our prior written consent, which may be requested via email or letter at the above address. Any other attempted transfer or assignment will be null and void.
12.5 Any notice required or permitted to be given by either party to the other under these Terms and Conditions are to be in writing addressed to the other party at its trading address or such other address as may at the relevant time have been notified to the other party.
12.6 Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between the parties, constitute one party the agent of the other party, or authorise a party to make or enter into any commitments for or on behalf of the other party. The parties acknowledge and agree that each of them is an independent contractor, and nothing in these Terms and Conditions shall render either party (nor any staff of a party) an employee of the other.
12.7 To the extent any provision of this Agreement is held illegal, invalid, or unenforceable, in whole or in part under applicable law, its illegality, invalidity or unenforceability will not affect the other provisions, which will continue in effect. Each of the paragraphs of these Terms and Conditions operates separately.
12.8 Even if we delay in enforcing these Terms and Conditions, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Our failure to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar breaches.
12.9 These Terms of Use (and any non-contractual obligations arising out of or in connection with them) are governed by the law of England and the courts of England have exclusive jurisdiction to determine any dispute arising out of or in connection with them (including without limitation in relation to any non-contractual obligations).
12.10 CompareDent may record video and/or phone calls for quality assurance and training purposes. By entering this agreement, you agree to the recording of video and/or phone calls. You may revoke consent to record a particular call by alerting us.
12.11 CompareDent may access your Account in order to respond to your requests for technical support or to verify compliance with your obligations to CompareDent, comply with law, or to maintain and improve its own systems. CompareDent may, at its option, provide email or other online account support.
12.12 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. CompareDent’s rights
13.1 CompareDent will determine at its discretion, whether you have failed to comply with these Terms and Conditions. Failure to comply with these Terms and Conditions constitutes a material breach and may result in CompareDent:
- Temporarily or permanently withdraw your access to the Website;
- Commence legal proceedings against you for your actions;
- Disclose necessary information to law enforcement authorities.
14. Severance
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
15. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and you hereby submit to the exclusive jurisdiction to the courts of England and Wales.
16. Contact CompareDent
In the event of any comments or questions regarding this Agreement (including the Privacy Policy), please contact us.