Terms and conditions
This agreement applies as between you, the User of this Website and FDS Consultants, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” – means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Learning Establishment” – means any provider of education to persons of any age including, but not limited to, schools, colleges, universities and professional / adult education providers;
“FDS Consultants” – means FDS Consultants of 6 Stannian Fold, Lymm, WA13 9AB;
“Service” – means collectively any online facilities, tools, services or information that FDS Consultants makes available through the Website either now or in the future;
“System” – means any online communications infrastructure that FDS Consultants makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” – means any third party that accesses the Website and is not employed by FDS Consultants and acting in the course of their employment; and
“Website” – means the website that you are currently using and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FDS Consultants, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 You may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Website for as specified in Clause 4 of these Terms and Conditions and for personal or educational purposes only unless otherwise indicated on the Website or unless given express written permission to do so by FDS Consultants. Specifically you agree that:
2.2.1 You will not use the Content of the Website for commercial purposes;
2.2.2 You will not systematically copy Content from the Website with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by FDS Consultants;
2.2.3 You may, as a student of a recognised Learning Establishment, use the Content of the Website for educational purposes provided an appropriate reference is given for all Content so applied using a suitable referencing system of your choice or as stipulated by your Learning Establishment;
2.2.4 Employees of Learning Establishments may use the Content of the Website for teaching purposes subject to the following conditions:
a) No further consent is required for use in not-for-profit Learning Establishments. This may include, but is not limited to, schools that charge no fees for tuition; and
b) For use in profit-making Learning Establishments, prior written consent is required. This may include, but is not limited to, private schools charging fees, universities and adult education providers.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms and Conditions to use Content from the Website. The exceptions in Clause 4 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FDS Consultants or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.dental-referals.org without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FDS Consultants. To find out more please contact us by email at email@example.com.
7. Use of Communications Facilities
7.1 When using the comments system and / or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 No Content that is intended to promote or incite violence;
7.1.4 It is advised that posts on the comments system and communications with FDS Consultants are made using English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 You must not post links to other websites containing any of the above types of Content;
7.1.6 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
7.1.7 You must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.1.8 You must not impersonate other people, particularly employees and representatives of FDS Consultants or our affiliates; and
7.1.9 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that FDS Consultants reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that FDS Consultants may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System or post on the comments system may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.5 In order to use the comments system and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
7.5.1 Any information you submit is accurate and truthful; and
7.5.2 You will keep this information accurate and up-to-date.
9.1 FDS Consultants makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
9.2 Whilst every reasonable endeavour has been made to ensure that all information provided on this Website will be accurate and up to date, FDS Consultants makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
9.3 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.4 The information on this Website is not designed with commercial purposes in mind. Commercial use of the Content of this Website is forbidden under sub-Clause 2.2.1 of these Terms and Conditions. Any such use constitutes a breach of these Terms and Conditions and FDS Consultants makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
9.5 Whilst every effort has been made to ensure that all descriptions of services available from FDS Consultants correspond to the actual services available, FDS Consultants is not responsible for any variations from these descriptions.
9.6 Whilst FDS Consultants uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10. Availability of the Website and Modifications
10.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2 FDS Consultants accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.3 FDS Consultants reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, FDS Consultants accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
11.2 Nothing in these Terms and Conditions excludes or restricts FDS Consultants’s liability for death or personal injury resulting from any negligence or fraud on the part of FDS Consultants.
11.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FDS Consultants.
15.1 All notices / communications shall be sent to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15.2 FDS Consultants may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe information presented in each email.
16. Law and Jurisdiction
These Terms and Conditions and the relationship between you and FDS Consultants shall be governed by and construed in accordance with the Law of England and Wales and FDS Consultants and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.