Terms and Conditions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to Clark Dental. “Party”, “Parties”, or “Us”, refers to both the Client and Clark Dental, or either the Client or Clark Dental. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of Clark Dental’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

We are committed to protecting your privacy. Authorised employees within Clark Dental on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality

All client records are regarded as confidential and therefore will not be divulged to any third party other than Clark Dental affiliated companies and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Clark Dental may use your email address from time to time to send you information regarding services or products that may be of interest to you. If you prefer not to receive such emails you may opt out of this service in your account settings on X-Ray QA.

User Registration and Logging On/Off

To post, upload or download materials, communicate via and to access this site and the X-Ray QA Services, resources and certain or all site content, the Client will be asked to provide registration details and log on. It is a condition of use of this site, Services and site content that all registration details the Client provides are and will remain true, correct, current and complete.

You agree to notify Clark Dental immediately of any changes that are relevant to your registration. Notification should be made to the e-mail address for given on the X-Ray QA contact us page. If Clark Dental reasonably believes the details are not correct, current, or complete, or if Clark Dental otherwise reasonably believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse the Client access to the site, and/or any of its resources, Services and site content, and to terminate or suspend the Client’s account.

On every page where usage is restricted to registered users X-Ray QA provides a ‘log-off’, ‘exit’ (or similar) option, you must undertake to log off and exit from your account at the end of your session. Clark Dental reserves the right to log off logged on users whose accounts are inactive for an extended period of time. If one of the Services you access via this site is access to the internet itself (e.g. ISP Service), when you are connected, in order to preserve quality of service for our users as a whole Clark Dental reserves the right to disconnect you from the Service if your connection to the Service is idle or in any event after 60 minutes or such other time limit as we choose in our reasonable discretion, and/or to limit the total number of users connected to the Service at any one time and/or the length of time for which a user may be connected in one session.

Password and Account Details

The Client is responsible for maintaining the confidentiality of his or her X-Ray QA username, password and other details (if any) and for all activities under the Client’s account. Any unauthorised use of the Client’s account or other breach of security should be reported to Clark Dental immediately. Your registration and/or subscription is personal to you and you may not disclose or make available your username or password to others. Any disclosure by you of your username and password may result in termination of your registration and/or subscription and, where you register for fee/subscription-based content/Services, such termination shall be without refund and may be subject to additional charges based on unauthorised use.

Uploaded Content

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Clark Dental or a third party (in each case under any applicable law).

Clark Dental may reject, refuse to host or delete any Content for any or no reason, including Content that in the sole judgment of Clark Dental violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Clark Dental assumes no responsibility for monitoring the X-ray QA Services for inappropriate Content or conduct. If at any time Clark Dental chooses, in its sole discretion, to monitor the X-Ray QA Services, Clark Dental nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for the Content that you upload to or through any of the X-Ray QA Services, and any material or information that you transmit to other Users and for your interactions with other Users.

Information Accuracy

X-Ray QA has made every reasonable effort to ensure that the content displayed on this site is accurate at the time it is made available. The content may include technical inaccuracies or typographical errors and it may be out of date at the time you access it. This website will never knowing display information that is incorrect and although all information is acquired from the referenced source directly it cannot be held responsible if the information is incorrect or is changed without notification. It is the users responsibility to ensure that the information is correct before he or she acts upon it.

Fair Usage Policy

Clark Dental reserve the right to limit the amount of content uploaded by the Client if it is deemed by Clark Dental that the volume of data uploaded by the Client is excessive or far exceeds the expected volume associated with the average usage of the X-Ray QA Service. Clark Dental has the right to delete data uploaded to X-ray QA at anytime and as such any content uploaded by the Client must be a copy of the original. Clark Dental cannot be held responsible for any loss of data caused either directly or indirectly through usage of the X-Ray QA service.

Client Conduct

Under no circumstances will Clark Dental tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate any Services Agreement with immediate effect. This includes the usage of abusive language in any form of communication.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this 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.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Clark Dental’s express written consent.

Exclusions and Limitations

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and Clark Dental have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded. If this Service is supplied to the Client as part of another Service supplied by Clark Dental, if that Service is terminated by either party this Service shall be terminated at the same time unless other mutually agreed terms can be met.

Availability

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Clark Dental does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Clark Dental, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Clark Dental.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website except for content specifically and expressly made available for redistribution.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites the X-Ray QA website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to Clark Dental’s services and the full contents of this website.

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.

Clark Dental is registered in England and Wales, Number 1223772, registered office 6 Victory Close, Fulmar Way, Wickford Business Park, Wickford, Essex SS11 8YW.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

Clark Dental reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on the X-Ray QA home page and on other key pages on our site. If there are any changes in how we use our site customers’ personally identifiable information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and Clark Dental. Your accessing and usage of this website indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected. © Clark Dental 2014 All Rights Reserved