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Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1 Introduction

1.1 CompareMySmile.com is a site operated by CMS Manchester Limited (“we”, “our” and “us”). We are registered in England and Wales under company number 08369552 and have our registered office at 9A Church Road, Lymm, Cheshire, England WA13 0QG.

1.2 Through our website, we arrange appointments for customers with Members of our Dental Panel (“Product or Service Provider”, “Member(s)”). Our Members are regulated by the General Dental Council and Care Quality Commission. They are solely responsible for their own registration with these governing bodies.

1.3 These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of www.comparemysmile.com (our “site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

1.4 Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these terms of use for future reference.

1.5 By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

1.6 If you do not agree to these terms of use, you must not use our site.

2 Our service

2.1 We provide a service which enables you to compare a number of prices for products and services and make a decision based on those comparisons.

2.2 Once you have selected the products or services that you wish to buy, service providers on our panel are invited to provide an estimate or quote for the product and/or services requested, allowing you to make an informed comparison and selection of the relevant products and/or services.

2.3 We do not provide financial, investment or other advice in relation to the product or service compared, nor do we provide a recommendation or endorsement of product or service providers.

2.4 We do not control the price, length of offers, or special conditions relating to any price estimated/quoted provided by a product or service provider. These are set by the relevant product or service providers. If you obtain an estimate and would like to proceed with treatment you must book an initial 15 minute review in order to obtain a formal treatment plan and quote.

2.5 The information that you give us is used by the product or service provider to formulate their estimate and/or quote. Therefore, it is important that you double-check all information to ensure that it is complete and accurate. We seek to ensure that we accurately pass on the information that you have provided to the product or service provider for the purpose of providing a price comparison.

2.6 If you are purchasing or using a product or service provider’s website directly you should also read their terms and conditions. The product or service provider’s terms and conditions will cover any transaction or agreement between you and the product or service provider for the relevant product and/or service in respect of which we have compared prices, whereas these terms of use agreed with us relate only to your use of this site.

2.7 The information that you give us is used by the product or service provider to formulate their quote. Therefore, it is important that you double-check all information to ensure that it is complete and accurate. We seek to ensure that we accurately pass on the information that you have provided to the product or service provider for the purpose of providing a price comparison.

3 Other applicable terms

3.1 These terms of use refer to our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY], which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

3.2 If you decide to purchase or make further queries about a product or service through this site, the information you have provided will be passed to the product or service provider to allow them to deal with your request. Those product or service providers will be subject to their own terms and conditions and each product or service provider may have a different policy from ours.

3.3 You may wish to take the following steps when purchasing a product or service from a product or service provider:

3.3.1 Read and ensure that you understand their terms and conditions for any product or service you might be agreeing to purchase from them;

3.3.2 Clarify and/or check your understanding of relevant terms and conditions by seeking independent advice;

3.3.3 Check that that entity you are dealing with is properly regulated for example, by the General Dental Council.

4 Changes to these terms

4.1 We may revise these terms of use at any time by amending this page.

4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.

5 Changes to our site

5.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

5.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.

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

6 Accessing our site

6.1 Our site is made available free of charge.

6.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

6.3 You are responsible for making all arrangements necessary for you to have access to our site.

6.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7 Your account and password

7.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

7.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

7.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@comparemysmile.com .

8 Intellectual property rights

8.1 All information, data and copyright material contained on this website, including any trade marks (whether officially registered or unregistered), trade names, brands, logos and devices (and any other intellectual property rights in the site and in the material published on it) belong to us or to people whom we have given ownership or permission to use such information, data, copyright material or other mater material. You must not use such information, data, copyright material or any other material unless you have written permission from us or the owner to do so.

8.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use.

8.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

8.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

8.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

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

8.7 If you provide (either by uploading onto the site or otherwise) us with any information, photographs or other documentation in the course of using this site you agree and consent to our use (and use by the third party product and service providers) of the information, photographs and other documentation for the purpose of providing the products and or services envisaged by these terms of use.

9 No reliance on information

9.1 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

9.2 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or, implied, that the content on our site is accurate, complete or up-to-date.

10 Limitation of our liability

10.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

10.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

10.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

10.3.1 use of, or inability to use, our site;

10.3.2 the quality or suitability of a product or service provided by a product or service provider;

10.3.3 the accuracy or completeness of quotes provide by a product or service provider;

10.3.4 any change in the price quotes by a product or service provider;

10.3.5 the inability of a product or service provider to provide a product and/or service at all or in accordance with a quoted price; or

10.3.6 use of or reliance on any content displayed on our site.

10.4 If you are a business user, please note that in particular, we will not be liable for:

10.4.1 loss of profits, sales, business, or revenue;

10.4.2 business interruption;

10.4.3 loss of anticipated savings;

10.4.4 loss of business opportunity, goodwill or reputation; or

10.4.5 any indirect or consequential loss or damage.

10.5 If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to
use our site 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.

10.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

10.7 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

11 Uploading content to our site

11.1 Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in this clause.

11.2 You may use our site only for lawful purposes. You may not use our site:

11.2.1 in any way that breaches any applicable local, national or international law or regulation;

11.2.2 in ay way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

11.2.3 for the purpose of harming or attempting to harm minors in any way;

11.2.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);

11.2.5 to transmit, or procure the sending or, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

11.2.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

11.3 You also agree:

11.3.1 Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.

11.3.2 Not to access without authority, interfere with, damage or disrupt:

(a) any part of our site;

(b) any equipment or network on which our site is stored;

(c) any software used in the provision of our site; or

(d) any equipment or network or software owned or used by any third party.

11.4 Content standards

11.4.1 These content standards apply to any and all material which you contribute to our site and to any interactive services associated with it.

11.4.2 You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

11.4.3 Contributions must:

(a) Be accurate (where they state facts).

(b) Be genuinely held (where they state opinions).

(c) Comply with applicable law in the UK and in any country from which they are posted.

11.4.4 Contributions must not:

(a) Contain any material which is defamatory of any person.

(b) Contain any material which is obscene, offensive, hateful or inflammatory.

(c) Promote sexually explicit material.

(d) Promote violence.

(e) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

(f) Infringe any copyright, database right or trade mark of any other person.

(g) Be likely to deceive any person.

(h) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

(i) Promote any illegal activity.

(j) Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

(k) Be likely to harass, upset, embarrass, alarm or annoy any other person.

(l) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

(m) Give the impression that they emanate from us, if this is not the case.

(n) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

11.5 Suspension and termination

11.5.1 We will determine, in our discretion, whether there has been a breach of the terms of use through your use of our site. When a breach of these terms of use has occurred, we may take such action as we deem appropriate.

11.5.2 Failure to comply with these terms of use may result in our taking all or any of the following actions:

(a) Immediate, temporary or permanent withdrawal of your right to use our site.

(b) Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

(c) Issue of a warning to you.

(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

(e) Further legal action against you.

(f) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

11.5.3 We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

11.6 You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

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

11.8 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

11.9 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

11.10 We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

11.11 The views expressed by other users on our site do not represent our views or values.

12 Viruses

12.1 We do not guarantee that our site will be secure or free from bugs or viruses.

12.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

12.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

13 Linking to our site

13.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

13.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

13.3 You must not establish a link to our site in any website that is not owned by you.

13.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

13.5 We reserve the right to withdraw linking permission without notice.

13.6 The website in which you are linking must comply in all respects with the content standards set out in clause 11.

13.7 If you wish to make any use of content on our site other than that set out above, please contact info@comparemysmile.com .

14 Termination

14.1 We may issue a warning, temporarily suspend, permanently suspend or terminate your right to use this website if you:

14.1.1 Substantially breach any of these terms of use;

14.1.2 Infringe or violate or attempt to infringe or violate any rights of any other user(s) of this site and/or third parties in connection with this site; or

14.1.3 If you are using this site to commit or attempt to commit a criminal offence.

15 Third party links and resources in our site

15.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

15.2 We have no control over the contents of those sites or resources.

16 Applicable law

16.1 If you are a consumer, please note that these terms of use and their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any disputes arising from or in connection with these terms of use. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

16.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17 General

17.1 These terms of use will only apply as between us and you. Unless as otherwise stated in these terms of use no other person may benefit or rely upon these terms of use.

17.2 If any provision of these terms of use are held by a competent authority to invalid or unenforceable, the remaining provisions of these terms of use will not be affect and will remain valid.

18 Contact us

18.1 If you have a complaint please contact us by sending an email to complaints@comparemysmile.com.

18.2 For any queries please email info@comparemysmile.com.

Thank you for visiting our site.



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