These terms and conditions apply to the provision of the Dental Notebox web platform by Dental Notebox Limited a company registered in England and Wales under number 09454325 whose registered office is at 11 Castle Hill, Maidenhead, Berkshire, SL6 4AA (we or us) to the person buying access to the service (you)
You are deemed to have accepted the terms and conditions when you apply for an account on the platform â either paid or free. These terms and conditions are the agreement between us.
You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These conditions apply to the contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Interpretation
The headings in these terms and conditions are for convenience only and do not affect their interpretation.
Words imparting the singular number shall include the plural and vice-versa.
Services
We warrant that we will use reasonable care and skill in our provision of the platform. We can make changes to the service which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
We will use our reasonable endeavours to maintain a high level of performance of the platform, however we cannot guarantee 100% uptime due to the needs for system upgrades.
Fees
The subscription (fees) for the service are set out during the check out process of upgrading your account. The fees must be settled for the proceeding month, every month, unless paying in advance for the full 12 months.
The fees are inclusive of VAT.
Cancellation and amendment
Either we or you are able to cancel the service at any time. If you cancel the service, you are responsible for downloading your content that is managed in the platform.
Payment
Payment Is collected on a monthly subscription basis, in an automated fashion. If you cancel the subscription, then your account will be suspended until the balance has been brought up to date.
If you remain in debt for 6 months, we reserve the right to delete your account information and any information you may have stored on the platform. With your account suspended, you will still be able to download your data
All payments to us must be in British Pounds, unless agreed otherwise with us in writing.
Termination
We can suspend your account immediately if:
You commit a material breach of your obligations under these terms and conditions
You are, you become in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor or
Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, notice of intension to appoint an administrator or given by you or any of your directors or by qualifying floating charge holder (as defined in para 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
Intellectual Property
We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the service. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and Indemnity
Our liability under these terms and conditions, and in breach of statutory duty and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
The total amount of liability is limited to the total amount of Fees payable by you in the subscription period on one month.
We are not liable for (whether caused by our employees, agents or otherwise) in connection with our provision of the services or the performance of any of our other obligations under these terms and conditions for:
Any indirect, special, or consequential loss, damage, costs or expenses or;
Any loss of profits or anticipated loss of profits, loss of business, loss of data, loss of reputation or goodwill, business interruption or third party claims
Any failure to perform any of our obligations if such delay or failure is caused by something out of our reasonable control or;
Any losses caused directly or indirectlyby any failure or your breach in relation to your obligations or;
Any losses arising directly or indirectly from the choice of service and how they will meet your requirements or your use of the service or any goods supplied in connection with the service.
Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation or for any other matters for which it would be unlawful to exclude or limit liability. Communications
All notices under these terms and conditions must be in writing and signed for, or on behalf of, the party giving notice (or a duly authorised officer of the party)
Notices shall be deemed to be given:
When sent by email or web portal and a successful transmission report or return receipt is generated
No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right or remedy.
If one or more of these terms and conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these terms and conditions (which will remain valid and enforceable)
This agreement shall be governed and interpreted according to the law of Englad and Wales and all disputes arising under the agreement (including non-contractual disputed or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
