Terms & Conditions

DISCLAIMER

www.mydentist.co.ke Website and the Database is owned and operated by Foursquare Media. You acknowledge and agree that all intellectual property rights comprised in or relating to www.mydentist.co.ke Website and the Database belong to Foursquare Media or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.

Terms and conditions

  1. Introduction

1.1     These terms and conditions govern your use of our website, WWW.MYDENTIST.CO.KE.
1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3     If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4     You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1     Copyright (c) 2018 WWW.MYDENTIST.CO.KE.

2.2     Subject to the express provisions of these terms and conditions:

(a)      We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)      All the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

3.1     You may:

(a)      view pages from our website in a web browser;
(b)      download pages from our website for caching in a web browser;
(c)      print pages from our website;
(d)      stream audio and video files from our website; and
(e)      use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3     You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);
(b)      sell, rent or sub-license material from our website;
(c)      show any material from our website in public;
(d)      exploit material from our website for a commercial purpose; or
(e)      redistribute material from our website.

3.6     Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.7     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e)      access or otherwise interact with our website using any robot, spider or other automated means;
(f)      violate the directives set out in the robots.txt file for our website; or
(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Use on behalf of organisation

5.1     If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a)      yourself; and
(b)      the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity (unless the context requires otherwise).

  1. Registration and accounts

6.1     To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age and resident in the United Kingdom.

6.2     You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3     You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4     You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

  1. User IDs and passwords

7.1     If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.

7.2     Your user ID must not be liable to mislead and must comply with the content rules set out in Section 15; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3     You must keep your password confidential.

7.4     You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5     You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1     We may:

(a)      suspend your account;
(b)      cancel your account; and/or
(c)      edit your account details,

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2     You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

  1. Directory

9.1     We welcome submissions to the directories published on our website.

9.2     Each submission to our directories must be a listing in respect of the directory subject matter.

9.3     For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 14 and Section 15, and must comply with the acceptable use rules set out in Section 4.

9.4     You must keep your directory submissions up to date using our website interface.

  1. Free directory listings

10.1    You may submit a free listing to our directory by following this process: emailing us with a reason for requesting a free listing.

10.2    If we accept your free directory listing submission, it will remain published on our website for a period of a minimum of 30 days, subject to termination or deletion in accordance with these terms and conditions.

10.3    We may delete a free directory listing at any time, with or without notice to you.

  1. Paid directory listings

11.1    You may submit a paid listing to our directory by following this process: Selecting the appropriate listing product and making a successful payment using the payment service linked from our website. Upon receiving your payment in full, you will be emailed a form to fill in with details of your listing. Once we have processed the form and are satisfied the details have been correctly given, we will place your listing in one of our directories and notify you via email.
11.2    You will have the opportunity to identify and correct input errors prior to making your order by replying to the email we sent for placing your listing in one of our directories.
11.3    Paid submissions include the following benefits: A listing in one of our directories available to be viewed by any member of the general public who has the access and ability to visit and use our website.
11.4    If we accept a paid directory submission, it will remain published on our website for the term specified in the directory listing product you chose before making payment, subject to termination or deletion in accordance with these terms and conditions.
11.5    We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 11.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.

  1. Prohibited directory submissions

12.1    Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.

12.2    If we reject or delete a submission in accordance with this Section 12, we will not refund any applicable charges.

  1. Fees

13.1    The fees in respect of our website services will be as set out on the website from time to time.

13.2    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

13.3    You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

13.4    We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

13.5    If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

13.6    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;
(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c)      an administration fee of Ksh 3,500 including VAT; and
(d)      all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 13.6 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 13.6.

13.7    If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13.8    We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

  1. Your content: licence

14.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

14.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.

14.3    You grant to us the right to sub-license the rights licensed under Section 14.2.

14.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 14.2.

14.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

14.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

14.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

15.1    You warrant and represent that your content will comply with these terms and conditions.

15.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

15.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;
(b)      be obscene or indecent;
(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d)      infringe any right of confidence, right of privacy or right under data protection legislation;
(e)      constitute negligent advice or contain any negligent statement;
(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];
(g)      be in contempt of any court, or in breach of any court order;
(h)      be in breach of racial or religious hatred or discrimination legislation;
(i)       be blasphemous;
(j)      be in breach of official secrets legislation;
(k)      be in breach of any contractual obligation owed to any person;
(l)       depict violence, in an explicit, graphic or gratuitous manner;
(m)     be pornographic, lewd, suggestive or sexually explicit;
(n)      be untrue, false, inaccurate or misleading;
(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p)      constitute spam;
(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r)      cause annoyance, inconvenience or needless anxiety to any person.

15.4    Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

15.5    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.

15.6    You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

  1. Report abuse

16.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

16.2    You can let us know by email or by using our abuse reporting form.

  1. Limited warranties

17.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;
(b)      that the material on the website is up to date; or
(c)      that the website or any service on the website will remain available.

17.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

17.3    To the maximum extent permitted by applicable law and subject to Section 18.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

18.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;
(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)      limit any liabilities in any way that is not permitted under applicable law; or
(d)      exclude any liabilities that may not be excluded under applicable law.

18.2    The limitations and exclusions of liability set out in this Section 18 and elsewhere in these terms and conditions:

(a)      are subject to Section 18.1; and
(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

18.3    To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

18.4    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

18.5    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

18.6    We will not be liable to you in respect of any loss or corruption of any data, database or software.

18.7    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

18.8    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Indemnity

19.1    You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

(a)      any breach by you of any provision of these terms and conditions; or

(b)      your use of our website.

  1. Breaches of these terms and conditions

20.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;
(b)      temporarily suspend your access to our website;
(c)      permanently prohibit you from accessing our website;
(d)      block computers using your IP address from accessing our website;
(e)      contact any or all your internet service providers and request that they block your access to our website;
(f)      commence legal action against you, whether for breach of contract or otherwise; and/or
(g)      suspend or delete your account on our website.

20.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Third party websites

21.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

21.2    We have no control over third party websites and their contents, and subject to Section 18.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

22.1    WWW.MYDENTIST.CO.KE, Foursquare Media, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

22.2    The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Competitions

23.1    From time to time we may run competitions, free prize draws and/or other promotions on our website.

23.2    Competitions will be subject to separate terms and conditions (which we will make available to you as appropriate).

  1. Variation

24.1    We may revise these terms and conditions from time to time.

24.2    The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.

  1. Assignment

25.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

25.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

26.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

26.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

27.1    These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

27.2    The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

28.1    Subject to Section 18.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

29.1    These terms and conditions shall be governed by and construed in accordance with Kenya Laws.

29.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Law.

  1. Statutory and regulatory disclosures

30.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

30.2    These terms and conditions are available in the English language only.

30.3    We are registered as a private limited company with Companies House; you can find the online version of the register at www.companieshouse.gov.uk, and our registration number is [number].

30.4    [We are subject to [authorisation scheme], which is supervised by [supervisory authority].]

30.5    [We are registered as [title] with [professional body] in [the United Kingdom] and are subject to [rules], which can be found at [URL].]

30.6    [We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].]

30.7    [Our VAT number is [number].]

  1. Our details

31.1    This website is owned and operated by [name].

31.2    [We are registered in [Kenya] ,and our registered office is at [Maendeleo House].]

31.3    Our principal place of business is at [address].

31.4    You can contact us by writing to the business address given above, by using our website contact form, by email to [info@mydentist.co.ke] or by telephone on [+254 703 22 99 55].

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by WWW.MYDENTIST.CO.KE and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

Through this website you are able to link to other websites which are not under the control of WWW.MYDENTIST.CO.KE. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, WWW.MYDENTIST.CO.KE takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

Privacy and cookies

This privacy policy sets out how WWW.MYDENTIST.CO.KE uses and protects any information that you give WWW.MYDENTIST.CO.KE when you use this website.

WWW.MYDENTIST.CO.KE is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

WWW.MYDENTIST.CO.KE may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st June 2014.

What we collect

We may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
  • Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

The DoubleClick cookie is used by Google in the ads served on the websites of its partners, such as websites displaying AdSense ads or participating in Google certified ad networks. When users visit a partner’s website and either view or click on an ad, a cookie may be dropped on the end user’s browser.

Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website.

Google’s use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting the ads preference manager. (Alternatively, you can direct users to opt out of a third-party vendor’s use of cookies for interest-based advertising by visiting aboutads.info)

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info@mydentist.co.ke

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. If you would like a copy of the information held on you please write to info@mydentist.co.ke.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorr

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