Terms and Conditions

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE DENTAL SERVICES WEBSITES OR ANY PART THEREOF (THE COSMETIC MAKEOVER SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE Dental Services WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
http://www.polity.org.za/pdf/ElectronicCommunications.pdf

DEFINITIONS AND INTERPRETATION

a) “Dental Services website” and “Dental Services websites” means the Dental Services sites and includes any part or element thereof, including the following domains: findadentist.co.za.

b) “User” means any person who enters or uses the Dental Services web sites, notwithstanding the fact that such a person only visited the home page of the relevant Dental Services web sites;

c) References herein to the singular includes the plural and vice versa; and

d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Dental Services is a South African registered company.

2. ALLOWED USE AND LICENSE

2.1 Dental Services licenses the User to view, download and print the content of the Dental Services web site, provided that such content is used for personal, educational and/or non-commercial purposes only.

2.2 Content from the Dental Services web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Dental Services.

2.3 Users may only access and use the Dental Services web site for legal purposes.

2.4 The caching of the Dental Services web site shall only be allowed if:

2.4.1 The purpose of the caching is to make the onward transmission of the content from the Dental Services web site more efficient;

2.4.2 The cached content is not modified in any manner whatsoever;

2.4.3 The cached content is updated at least every 12 (twelve) hours; and

2.4.4 The cached content is removed or updated when so required by Dental Services.

2.5 If any User uses content from the Dental Services web site in breach of the provisions detailed herein:

2.5.1 Dental Services reserves the right to claim damages from the User;

2.5.2 Dental Services reserves the right to institute criminal proceedings against the User; and

2.5.3 Dental Services shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to the Dental Services web site from any other source shall be directed at the home page of the Dental Services web site. Dental Services shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Dental Services web site, if such content was accessed through a hyperlink not directed at the home page of the Dental Services web site. Persons that wish to link to content beyond the home page of the Dental Services web site shall do so at their own risk and indemnify Dental Services against any loss, liability or damage that may result from the use of content from the Dental Services web site, if such content was accessed through a hyperlink not directed at the home page of the Dental Services web site.

Dental Services’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.7 Users may quote small and reasonable amounts of content available from the Dental Services web site only if such quote is placed in inverted commas and acknowledged.

2.8 No person may frame the Dental Services web site, in any manner whatsoever, without the prior written consent of Dental Services.

2.9 Apart from bona-fide search engine operators and use of the search facility provided on the Dental Services web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Dental Services web site for any purposes, without the prior written consent of Dental Services.

2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Dental Services at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1 All intellectual property on the Dental Services web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Dental Services and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Dental Services web site are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the Dental Services web site and/or download content from this web site.

5. DISCLAIMER

5.1. The content within this site should not be regarded as dental or medical advice and is for general information purposes only. Any such advice may only be provided in a face-to-face consultation following a comprehensive examination and diagnostic procedures.

5.2. The information should not be regarded as comprehensive. Liability by Dental Services or its agents, directors, employees or any other related party is explicitly denied if you rely on any of the information contained herewith.

5.3. We cannot guarantee the accuracy, timeliness or completeness of information, or any consequences as a result of the use of the information provided. Responsibility is denied for any errors or omissions.

5.4. We provide no warranties of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

5.5. This disclaimer is provided without prejudice.

5.6. Dental Services or its directors, employees or agents deny all liability to anyone for any decision made or action taken in reliance on the information contained on our websites.

5.7. Liability is also denied for any consequential, special or other damages, even if advised of the possibility of such damage.

5.8. Links to other websites are provided as a curtsey only Dental Services makes no representations as to the accuracy and electronic safety of the links or any information that they may contain

5.9. We advise that all cosmetic dentistry, dental implants and other dental procedures contain certain risks to the teeth and jaws and can also affect the general health or lifestyle. Furthermore, procedural complications may arise that may vary the course of treatment.

5.10. Not all procedures are suitable for all patients and results do vary from patient to patient.

5.11. Any references as to the impact of cosmetic dentistry or implant dentistry on the life, comfort or beauty of a patient or their dentition are opinions and should not be generalized or considered literally as being accurate representations or predictions of your own, your partners, or other patients’ opinions following similar treatment.

5.12. Any references to an ‘Implantologist’, ‘Cosmetic Dentist’, exclusivity or specialization in Cosmetic, Implants or Reconstructive Dentistry refers to practitioners who are registered as general dentists with a special interest in Implant or Cosmetic Dentistry. Such terms should be regarded as descriptive of the type of services offered and not to any type of registration in the field and these field are not recognized specialties;

5.13. The content and references in this website, apart from adapted contents, is the property of Dental Services, including but not limited to all intellectual property rights in the underlying HTML, text, images, logos, and other material.

5.14. Any fees or costs of dental treatment displayed in our websites are indicative only. Dental Services reserves the right to change the fees at any time and without notice.

5.15 We will not be held responsible for any dispute between yourself and any dentists found or referred to on our websites. We will not be party to any disagreement between you and a dental professional.

6. CHANGES AND AMENDMENTS

Dental Services expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the Dental Services web site;

6.3 discontinue any aspect of the Dental Services web site or service(s) available from the Dental Services web site; and/or

6.4 change the software and hardware required to access and use the Dental Services web site.

7. PRIVACY

7.1 Dental Services shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2 Dental Services may electronically collect, store and use the following personal information of Users:

7.2.1 name and surname;

7.2.2 contact numbers;

7.2.3 non-personal browsing habits and click patterns;

7.2.4 e-mail address; and

7.2.5 IP address.

7.3 Dental Services collects, stores and uses the abovementioned information for the following purposes:

7.3.1 Communicate requested information to the User;

7.3.2 Provide the User with access to restricted pages on this web site; and

7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the Dental Services web site.

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5 Dental Services may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 Dental Services shall not disclose personal information from Users unless the User consents thereto;

7.5.2 Dental Services shall disclose information without the User’s consent only through due legal process; and

7.5.3 Dental Services may compile, use and share any information that does not relate to any specific individual.

7.6 Dental Services owns and retains all rights to non-personal statistical information collected and compiled by Dental Services.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 Dental Services may provide hyperlinks to web sites not controlled by Dental Services (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites.

8.2 Dental Services does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1 Dental Services shall take all reasonable steps to secure the content of the Dental Services web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Dental Services does not make any warranties or representations that content shall be 100% safe and secure.

9.2 Dental Services is under no legal duty to encrypt any content or communications from and to the Dental Services web site and is also under no legal duty to provide digital authentication of any page on the Dental Services web site.

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Dental Services web site or the server and computer network that support the Dental Services web site.

9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Dental Services web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold Dental Services harmless against any and all liability, damages and losses Dental Services and its partners / affiliates may suffer as a result of such damaging code.

9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and Dental Services reserves the right to claim damages any and all persons concerned with a security failure or breach.

9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Dental Services and its partners / affiliates. The ECT Act may be downloaded from:

http://www.polity.org.za/pdf/ElectronicCommunications.pdf

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Dental Services (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1 access to the Dental Services web site;

10.1.2 access to web sites linked to the Dental Services web site;

10.1.3 inability to access the Dental Services web site;

10.1.4 inability to access web sites linked to the Dental Services web site;

10.1.5 content available on the Dental Services web site;

10.1.6 services available from the Dental Services web site;

10.1.7 downloads and use of content from the Dental Services web site;

10.1.8 any other reason not directly related to Dental Services’s gross negligence.

10.2 The Dental Services web site is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Dental Services, that the content available from and through the Dental Services web site meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

10.3 Information, ideas and opinions expressed on the Dental Services web site should not be regarded as professional advice or the official opinion of Dental Services and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Dental Services web site.

10.4 Dental Services does not make any warranties or representation that content and services available from the Dental Services web site will in all cases be true, correct or free from any errors. Dental Services shall take all reasonable steps to ensure the quality and accuracy of content available from the Dental Services web site.

10.5 Dental Services does not make any warranties or representations that the Dental Services web site shall be available at all times. Users acknowledge that the Dental Services web site may be unavailable due to updates or other causes beyond the reasonable control of Dental Services, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

11. REMOVAL AND CORRECTION OF CONTENT

11.1 Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Dental Services web site to Dental Services and Dental Services undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

11.2 Comments posted on Dental Services websites by users do not reflect the opinions of Dental Services and Company(Ltd). Dental Services reserves the right to edit and/or delete comments deemed inaccurate, illegal, defamatory and/or harmful at its absolute discretion.

12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Dental Services’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the Dental Services web site, its staff and employees.

12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between Dental Services and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Dental Services from the User.

13.2 Any failure by Dental Services to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Dental Services agree that:

14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Dental Services web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;

14.2 data messages (as defined in the ECT Act) addressed by the User to Dental Services shall only be deemed to have been received if and when responded to;

14.3 data messages (as defined in the ECT Act) addressed to the User by Dental Services shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed by the User to Dental Services shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;

14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Dental Services; and

14.6 the User agrees and warrants that data messages that are sent to Dental Services from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. APPLICABLE AND GOVERNING LAW

The Dental Services web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Dental Services web site, its content, services and these terms and conditions.

16. LEGAL COSTS

Dental Services shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.