Terms & Conditions for Patients

CompareDent Terms & Conditions for Patients

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 Platform and ClinicHub, 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 and its ClinicHub 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 the ClinicHub.

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 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:

The “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);

“You” / “the Patient” / “users”

consumers who use CompareDent to find a Clinic to provide the dental care they require;

the “Services” / “dental care” / “dental treatments”

the dental care provided by a Clinic to a Patient;

the “search facility” / “search facilities”

The ability to search and be connected with dental clinics, as provided by CompareDent

“account”

means a Patient’s CompareDent.co.uk account;

the “website”

means CompareDent.co.uk;

the “Terms” / “Agreement” / “Terms & Conditions”

the Terms & Conditions outlined here.

“Customer Contract”

The contract you (the Patient) enters into with a dental Clinic.

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. CompareDent’s Search Facilities

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 Services 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 service and prices for their needs.
• Connect dental clinics to new, engaged patients.

2.2 CompareDent operates the Website which has been established to facilitate introductions between potential Patients and Clinics for the provision of a wide range of dental Services.

2.3 Patients will be able to search the Website to find potential Clinics, and the Website algorithms will help identify Clinics who may be able to meet the Patient’s requirements for dental treatment. When a Patient submits an enquiry to a Clinic on the CompareDent platform, this will result in us putting them in touch with Clinics who may be able to fulfil the desired treatment.

2.4 To use the Search Facility, you will be required to accept these Terms and Conditions on creating an account, and an agreement will be formed between you and us for the provision of the Search Facilities at that point. You will need to enter into a separate contract with any Clinics you wish to instruct to provide you with Services. See below for more information.

2.5 Clinics are independent businesses and not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of CompareDent.co.uk. CompareDent does not perform dental treatments and does not employ individuals to perform dental treatments. By connecting Patients seeking dental treatments from Clinics, CompareDent.co.uk operates as an online search and comparison platform that connects Patients with dental Clinics who wish to provide a variety of Services.

2.6 When you submit a request to be contacted by a Clinic or Clinics found on CompareDent through the Search Facility, you allow us to pass your name, phone number, and email address onto those Clinics. If those contact details are incorrect, inoperative or disabled, your chosen Clinic or Clinics may not be able to contact you.

2.7 You will be entitled to review the information you receive from the Clinics, and may or may not decide to engage them to provide the Services you require. We cannot in any way endorse or confirm that the Clinics identified as a result of the Search Facility we offer are able to fulfil your requirements, and it will be your sole responsibility to provide accurate information and engage with the Clinic to establish whether they can meet your requirements prior to you entering into any contract with them.

2.8 If you do engage a Clinic to provide the Services, you will become a Patient and Customer of the Clinic and will enter into a Contract with them. For the avoidance of doubt, the Services are provided to you by the Professional, and not by CompareDent. CompareDent is not a party to any contract between you and the Clinic, and under no circumstances will any such contract create an employment or any other service relationship between CompareDent and any Patient.

2.9 CompareDent has no influence or control whatsoever of the information contained on the Clinic’s website and accepts no liability for its content. The content of such third-party websites is the responsibility of the respective Clinic. You will need to contract directly with the Clinic for any Services you require from them.

2.10 Access to the Search Facility is conditioned upon the Patient’s acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms & Conditions for Patients").

These Terms are valid for all Services that CompareDent provides to Patients within the scope of CompareDent.co.uk and its applications.

2.11 CompareDent provides the 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.

2.12 The Search Facility shall be provided to you at no cost.

2.13 CompareDent acts only as a facilitator of the introductions referred to above, and the provision of any Services by a Clinic to a Patient will be subject to an entirely separate legal contract. If there are any issues with performance of those Services by the Clinic, you will have legal rights of redress against the Professional directly, and not against CompareDent.co.uk.

3. Patient’s use of CompareDent

3.1 By registering for a Patient account, you represent that you:

• agree to be bound by these Terms and Conditions;
• 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 Services;
• are responsible for identifying and obtaining any required licenses, permits, or registrations before offering dental care and undertaking dental care.

3.2 It is your responsibility to select a suitable Clinic and to negotiate the terms of any Service to be performed by the Clinic selected. We do not guarantee any specific Clinic information, accreditation, or registration. We make no warranty regarding any goods or Services purchased or obtained through using the Search Facility or any transactions entered into through the Service, and you should in all cases make your own enquiries. In particular, it is your responsibility to carry out appropriate checks (including, where relevant, DBS checks) on any Clinic that you are considering engaging and to request evidence of relevant accreditations, and to satisfy yourself that the Clinic is solvent and has appropriately qualified and certified personnel to complete the treatment you require prior to entering into a contract with them. You should not engage any Clinic or make any deposit or other payment to them without having conducted such checks to your full satisfaction. While our hope is that you will be happy with every Clinic you find through CompareDent.co.uk, you should not engage any Clinic if you have any doubts or concerns about it.

3.3 We will not be a party to any contract made between you and any Clinic and therefore we shall not be liable for any loss, damage or injury that results from any dealings between you and any Clinic including but not limited to any direct, indirect or consequential or inconsequential loss of any kind.

3.4 You can always end your contract with us, and you can do this by ceasing to use CompareDent.co.uk. If you have opened a customer account on the Website, you will need to contact us by email, phone or post using the details listed above.

3.5 As CompareDent is not a party to any customer contract, the termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any contract you may have with a Clinic.

3.6 We may revoke or limit your access to the Search Facility, deny your registration, or revoke your access to the Website and refuse to provide any or all of the Search Facility to you if:

• you breach any terms and conditions of this Agreement;
• we have reason to believe that you have provided false or misleading information to us;
• we conclude that your actions may cause legal liability for you or others; may be contrary to the interests of the Website or the user’s community; or may involve illicit or illegal activity;
• we are required to by law, legal process, or law enforcement.

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. Data Protection

5.1 Please see our Privacy Policy and Cookie Policy for more information on how your personal information will be used.

6. Intellectual property rights

6.1 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.

7. No reliance on information or speed of service

7.1. 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.

7.2. 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 is under no obligation to update it.

7.3. In case of Patients experiencing emergency situations CompareDent aims to put such customers in touch with Clinics that can provide emergency treatment, and direct them to relevant NHS Services. 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.

7.4. 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.

7.5 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.

8. Links to third party websites and linking to the Website

8.1. 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.

9. Viruses

9.1. CompareDent cannot guarantee that the Website will be secure or free from bugs or viruses.

9.2. 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.

10. Liability

10.1 As provided for in Clause 2 above, you acknowledge that the contract for the provision of the Services is between you and the Clinic and agree that CompareDent does not supervise, direct, control, or monitor the Clinic in the performance of any contractual obligations. It is the Clinic who is responsible for the provision of the Services to you.

10.2 CompareDent shall have no liability to you whatsoever in respect of the provision of the Services and/or your dealings with any of the Clinics who are listed on the Website. This means that any error or delay in the performance of the Services, any breach of obligations, and any fraudulent misrepresentation made by a Clinic directly on the Website, is the full and complete responsibility of each Clinic.

10.3 You further acknowledge and agree that you are solely responsible for evaluating and determining the suitability of any Clinic, for assessing whether to enter into a Customer Contract and, for verifying any information concerning the Clinic.

10.4 Nothing in these Terms and Conditions limits or excludes our liability to you for:

• death or personal injury resulting from our negligence;
• our own fraud or fraudulent misrepresentation; or
• any other matter for which we are not permitted by law to exclude or limit our liability.

10.5 Please note that we only provide the Search Facility to Patients for personal use. You agree not to use the Search Facility for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11. General provisions

11.1 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.

11.2 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.

11.3 We may transfer our contract to someone else. We may transfer our rights and obligations under these Terms and Conditions to another organisation.

11.4 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.

11.5 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.

11.6 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.

11.7 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.

11.8 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.

11.9 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).

11.10 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.

11.11 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.

11.12 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.

12. CompareDent’s rights

12.1 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.

13. Severance

13.1 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.

14. Governing Law

14.1 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.