Terms and Conditions

Before subscribing to or using Spacemark-D, please see the following terms and conditions that define your rights, responsibilities and benefits as a user of Spacemark-D. Spacemark-D Licence and Terms and Conditions of Use Spacemark-D is an Internet service (the ‘Service’) owned and operated by Spacemark-D, a British company whose registered address is 6 Park Lane, Cirencester, Gloucestershire, England, GL7 2BS (‘we’. ‘our’ or ‘us’). ‘You’ or ‘your’ means a permitted user of the Service. Your use of the Service indicates that you accept these terms and conditions (the’Terms and Conditions’). If you do not agree with any of these terms and conditions, you must not use the Service. We may alter this agreement at our discretion, and your continued use after any change indicates your acceptance of this change. If you do not want to be bound by a change, then you must discontinue the Service. Spacemark-D contains graphics, charts, information, data and other content accessible by any Internet user (the general section) and content that is only accessible to our subscribing members (the patient data section).

The contents of both sections of the Service, the copyright in all content and any other intellectual property rights in the Service are owned by Spacemark-D and may be used only in accordance with the provisions of the limited use licence set out below. Limited Use Licence You are licensed to use the Content only as part of professional dental care for an individual patient. No part of the Content is downloadable to your computer. You will be provided with your individual access to your patient data only and be allowed to print the relevant sections for your and your patients’ use. Violation of this limited use licence may result in immediate termination of your membership and may result in legal action against you. You may use the software provided by the Service only whilst online and may not download, copy re-use or distribute that software. No part of the software may be used offline. User provided content Parts of the Service will contain user provided patient charting intended to be viewed in the form submitted by the member (‘User Provided Content’) to which you will contribute appropriate material.

For this User Provided Content Spacemark-D is merely providing access, and accepts no liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to Spacemark-D you grant Spacemark-D a licence to host and provide access to such material to create individual patient dental charts as part of a patient centred dental prevention care programme. You must submit only material that belongs to you and that will not violate the rights of other people or organisations. We will not monitor User Provided Content. You will be liable for any infringements. Liability disclaimer Although we will try to ensure the accuracy and quality of the Service, the Service is provided on an ‘as is basis’ and (a) we do not accept responsibility for any use or reliance on the Service or for any disruptions to or delay in the Service and (b) we do not accept responsibility for the accuracy of the User Provided Content.

No warranty, term or condition, express or implied is offered by us in relation to the Service, except as expressly provided below. We are not liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss or corruption of, or damage to data, systems or programmes; or (d) any indirect or consequential loss or damage howsoever caused, provided that nothing in this agreement will be interpreted so as to exclude our liability for (a) death or personal injury caused by our negligence (as defined in Section I of the unfaur Contract Terms Act 1977); (b) the tort of deceit; (c) any breach of the obligations implied by Section 12,13, 14 0r 15 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or (d) any liability that cannot be excluded or limited by law. Any statutory rights that you have as a consumer remain unaffected. In addition to the above limitations of liability, we are also not liable to you of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (a) loss of business; (b) loss of opportunity; (c) loss of goodwill; (d) loss of reputation and exclude our liability for any breach of the obligations implied by Sections 13,14 or 15 of the Sale of Goods Act 1979. Except in respect of liability that cannot be limited or excluded, as set out above, our total liability to you whether in contract, tort (including negligence) or otherwise is limited to £20 for each claim or series of connected claims defined as any claim or other claims relating to any individual block purchase of credits, or in aggregate to £50 for any number of incidents in any 12 month period. If you are dissatisfied with any part of the Service, or with any of the terms of this agreement, you should discontinue using the Service.

Registration

You confirm that you have internet access on the computer in your surgery. The process of registration requires you to provide your practice e-mail address and to select a password, and provide accurate, complete details of your practice address.

If you practice at more than one address, each site must be registered with us. Registration as a user of the Service will result in your customer information being stored in the United Kingdom, and you, in registering specifically consent to that information being stored and processed. When you complete individual patient records with User Provided Content you consent also to that information being stored in the United Kingdom. Security User Provided Content is specific for you and your patients and can only be accessed by you, using your email address and password. You can change your password at any time. You must notify us immediately, by mail or email to info@spacemark-d.com of any known or suspected unauthorised use of your account or breach of security, including unauthorised disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password. You will never be asked to reveal your password to Spacemark-D. You are responsible for all usage or activity on Spacemark-D via your password account. Distribution of your password to others for access to Spacemark-D is expressly prohibited and shall constitute a breach of this agreement, and may, at our sole discretion, be grounds for termination of your account.

Fees and Payments

You will be given one free trial credit to try the system. There is a 5 day trial period in which to try the Spacemark-D system. Subscription membership to the service is on a continuous service basis. This means that once you have become a subscribing member by buying credits after your initial trial credit, you will be able to print your Spacemark-D user certificate and be given a licence to include on your practice letterhead the designation that you are a Spacemark-D user practice. You agree that the Consumer Protection (Distance Selling) Regulations 2000 shall not apply once you are able to log on and access the subscription areas of the Spacemark-D website. Fees called credits, are payable for each individual patient Spacemark-D chart either created, or modified in the light of changing clinical presentations.

Clicking on the ‘Save’ button on each individual patient chart will automatically reduce the number of credits you have remaining by one. Subscribing members purchase ‘credits’ in differing size blocks, the cost of which varies with the number of credits purchased in each block. No refunds will be made for unused credits unless you are legally entitled to a refund or compensation because we have not complied with our obligations to you. The right to add our Spacemark-D registered trade mark to your letterhead is limited for such period of time as you continue to use the Spacemark-D patient care system. You hereby agree that should you cease to be a user of Spacemark-D, you will immediately remove the Spacemark-D logo and user designation from all your stationery and indemnify Spacemark-D for any and all costs associated with enforcement of this provision. Spacemark-D, at its absolute discretion, may award your practice bronze, silver, gold or platinum user status depending on the number of credits you have purchased. Credit card charges will be processed within 24 hours after subscription or purchase of additional credits. If you cancel your membership you will no longer be able to access your previously created User Provided Content. This Agreement is personal to you and you may not, without the written consent of Spacemark-D, assign or transfer any of your rights and obligations under this Agreement. Spacemark-D reserves the right to change at any time the costs of either initial subscription or blocks of credits. You will be charged the costs ruling at the date of either subscription or credit purchase(s). Contacting Spacemark-D.

We will send electronic mail to you to inform you of any changes to Spacemark-D. You may contact us by e-mail to: info@spacemark-d.com for comments on the system and queries of a dental clinical nature. support@spacemark-d.com for technical support and technical queries. Termination. Should you breach this agreement, we will have the right to revoke your licence to use the Service and suspend your right of access. In such a case no portion of your subscription or unused credits will be refunded. Should we decide to suspend the Service, for any reason other than breach, we will refund to you your unused credits, which will be your sole and exclusive remedy upon such a suspension of Service. Modifications. Spacemark-D reserves the right to modify this Agreement at any time to take account of changes in the law, the Service itself, or in its sole discretion, any other reason it may deem to be valid. Any changes to this Agreement will be shown on the website. If any changes to this Agreement are unacceptable to you, you may cancel your membership. Other provisions This agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English Courts. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely on or enforce any term of this agreement. In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Spacemark-D reserves the right to replace any term that is not valid and enforceable with a valid and enforceable term.

Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver of any breach by you of any provisions of this Agreement be taken to be a waiver of the Provision(s) themselves. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Spacemark-D. Official correspondence must be forwarded by recorded delivery to Spacemark-D, 6 Park Lane, Cirencester, Gloucestershire, England, GL7 2BS.