SmileSpecialist® COMPULSORY TERMS & CONDITIONS and PRIVACY POLICY
APPLICATION
The following Compulsory Terms and Conditions and Privacy Policy of Use and Communications, do apply to all Web Sites owned, operated, or controlled by Dr Kilcoyne, SmileSpecialist®, Smile Specialist Ltd, Smile Specialist Centre and Haworth Dental Practice, collectively referred to as "Kilcoyne". BEFORE USING THIS WEB SITE OR ANY OTHER Kilcoyne WEBSITE, PLEASE READ THE FOLLOWING PRIVACY POLICY & COMPULSORY TERMS AND CONDITIONS OF USE CAREFULLY!
Following various changes to Data Protection laws (GDPR, DPA2018, UK data protection etc.) this website and any services comply with the laws and guidance as adapted for the UK and explained in further detail at www.ico.org.uk for our fully Private Dental Practice. Updates will inevitably change details from time to time too but are designed to protect visitors and ourselves and be more open and transparent, which is very much our style, we hope you agree.
It is perhaps a very sad reflection of the times that abuse of data by others and/or unauthorised copying or misrepresenting of the Kilcoyne websites by a few, has formally required these very clear and compulsory Terms and Conditions (including our Privacy Policy) to be applied to everyone - we hope you understand why they are necessary and trust that it will not detract from any general informational or discussion benefits that assist you when consulting a properly qualified professional directly in the future. Anything upon Kilcoyne is not a substitution for doing your OWN full due diligence independently first!
However, if you are unable or unwilling to abide by ALL these terms & conditions and our Privacy Policy together, now or later, then you MUST act as if you never communicated with this site and disregard all of its contents in its entirety, removing all links, information and visits to Kilcoyne, whilst lawfully still respecting all Confidentiality and Copyright laws.
By linking to or using this site in any form, you are accepting ALL of these terms and conditions herein, now and for every contact in the future too. Copied from © 2000-2018 Smile Specialist® & Tony©
Please print these Terms & Conditions and Privacy Policy for your personal reference and do not proceed to visit Kilcoyne if for any reason you do not or can not accept these in totality. Thank you for your patience and understanding in these matters.
USER'S AGREEMENT
By using www.smilespecialist.co.uk or any other Web Site owned, operated, licensed, or controlled by Kilcoyne ("any Kilcoyne Web Site"), users represent that they have read, understood and agree to our Privacy Policy below and be legally bound by the Terms and Conditions of use herein contained. Users also represent that they are at least 18 years of age and if younger, that they (or their legal guardians) represent that they are old enough or are otherwise legally enabled by the laws of the jurisdiction in which the user views any Kilcoyne Web Site, to be contractually bound by these Privacy Policy & terms and conditions of use.
Copied from © 2000-2010 Smile Specialist® & Tony©
COOKIES and SCRIPTS
Cookies are small text files and scripts that are placed on your computer by websites that you visit, including this one. They are used in order to make our websites work, or work more efficiently, as well as to provide information to the owners of the site and protect against fraud or copyright infringements, or improve accuracy and security. You are deemed to accept these and other aspects when you interact with our website and its features. Again if you change your mind about this now or later, please delete all traces of any contact with us (we have a removal option of cookies on our website too) on your computer or other places.
RIGHT TO REVISE WEBSITE
Kilcoyne may revise or otherwise make any changes it deems necessary to any part of this Web Site or any other Kilcoyne Web Site at any time, without notice and without liability to users of any Kilcoyne Web Site. Kilcoyne also reserves the right to discontinue, restrict or otherwise terminate access to any Kilcoyne Web Site at any time, either temporarily or permanently, without notice and without liability to users of any Kilcoyne Web Site. For example, the GDPR and DPA2018 are evolving, advances and science continue to progress, options change and we continue to look for improvements etc, etc.
SUITABILITY OF ADVICE
All of the information contained or made available through Kilcoyne is provided as entertainment or just an informational service to the Internet community. It does not constitute medical/dental or any other professional advice !! Whilst Kilcoyne attempts to provide generalised quality information as a minor consideration, it makes no claims, promises, guarantees or warranties about the accuracy, completeness, timeliness or adequacy of the information contained in or on the Kilcoyne Web Site or Web Sites linked thereto through hyperlinks or connected by "framing" or "inlining" (hereinafter "linked Web Site(s)").
Users of information contained within the Kilcoyne Web Site or any linked Web Sites, do so at their own risk. The transmission of information within or from any Kilcoyne Web Site is not intended to create, nor does it create, a relationship between the user and Kilcoyne. As such advice must be specific to the circumstances and venue/jurisdiction of each condition and practice is always subject to change; none of the information provided on the Kilcoyne Web Site or linked Web Sites should be relied upon by the user as a substitute for either the advice of, or personal consultation with, a competent professional. Kilcoyne shall not be liable to any user or anyone else in respect of any decision or action taken or not taken by a user in relying upon the Kilcoyne Web Site or linked Web Site or the material and content contained therein.
You must regard all information as purely for general internet informational and/or entertainment purposes only and it does not necessarily reflect what Kilcoyne believes, provides or suggests and thus you MUST confirm anything and everything independently off-line first, before sharing or acting or not acting - please see below for more detail.
DISCLAIMER & LIMITATION OF LIABILITY
All information, products, materials, and services contained on this website, or provided through this website, including all text, graphics, links, animation, javascript, and cookies are provided on an "as is" basis without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or freedom from intellectual property infringement. Nor does Kilcoyne warrant that the material and content contained in or made available through its website or linked website is accurate, complete, or timely.
Users of this website or any linked website or any material or content, advertisement or promotion, contained therein, agree to assume any and all risks or consequences in doing so. Kilcoyne does not warrant that any of its websites or linked websites will be free of viruses, defects or other harmful components. Copied from © 2000-2010 Smile Specialist® & Tony©
All users of the Kilcoyne Web Site or linked Web Sites agree to hold Kilcoyne harmless and that they shall have no claim against Kilcoyne, for any damages allegedly arising from or in connection with the use or access of the Kilcoyne Web Site or linked Web Site, including but not limited to any special, consequential, incidental, punitive, indirect or any other damages. Such damages include but are not limited to damages resulting from loss of use, loss of information, different decisions made, business interruption and/or loss of profits, resulting from the use or accessing of or the inability to use or access the Kilcoyne Web Site or linked Web Sites or the material or content contained therein, or from the purchase of or inability to purchase, any of the products or services appearing on or offered through the Kilcoyne Web Site or appearing on or offered through any linked Web Site, howsoever caused and whether or not Kilcoyne has been advised of the possibility of such damages. In no event shall Kilcoyne have any liability to the user of any of Kilcoyne's Web Sites or linked Web Sites or any other party, for any damages, losses or causes of action, or inaction or for any reason or under any circumstance, for considering, using or accessing the Kilcoyne Web Site or any linked Web Sites.
Kilcoyne makes no representations or warranties with respect to any information, goods, treatment, action, or application of medication or preparation, or any other professional or another service, by any person following the information offered or provided within or through this website or by any dentist, physician or any other professional, individual and/or entity located through this website. Kilcoyne does not represent or warrant that the information, materials, and services provided on this website are accurate, reliable, complete, current or applicable to you or any others.
Kilcoyne does not recommend or endorse any specific tests, products, procedures, opinions, dentists, doctors, clinics, other professionals or any other individual or entity, or any other information that may be mentioned or referenced on this Web Site. Rather, the Kilcoyne Web Site serves only as a listing service in this regard. Kilcoyne does not expressly endorse or discourage anyone or anything found through the Kilcoyne Web Site. You must do your OWN independent due diligence first!
SOLICITATION OF USERS
By accessing the Kilcoyne Web Site, visitors agree and pledge that such access and use is for the sole purpose of obtaining limited, general and unqualified information on dentistry, medicine or any other products or services, or for entertainment or evaluating the Kilcoyne Web Site. Visitors further agree that they will not use any information contained on this Web Site, directly or indirectly, for the purposes of marketing or direct or indirect solicitation.
The contents of the Kilcoyne Web Site, such as text, graphics, images, and other material contained on the Kilcoyne Web Site ("Content") are for generalised informational purposes only. The Content is not intended to be a substitute for professional dental or medical advice, diagnosis, or treatment, or for any other type of professional or any other advice. Always seek the advice of your dentist, physician or other qualified health providers, or any other professional, individual and/or entity with any questions you may have regarding a medical condition or any other non-medical question. Never disregard professional medical or non-medical advice or delay in seeking it because of something you have read or inferred or assumed on the Kilcoyne Web Site.
USE OF CONTENT
Kilcoyne authorises you to view or download a single copy of the material on the Kilcoyne Web Site solely for your personal, non-commercial use if you include and acknowledge the following copyright notice: "Copyright © 2000-2022 SmileSpecialist® & Dr.A.Kilcoyne. All rights reserved." and other copyrights and proprietary rights notice that are contained in any Content. Any special rules for the use of certain software and other items accessible on the Kilcoyne Web Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions too.
All of the content of this Website, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of Kilcoyne or content providers and is protected by the UK and international copyright laws. Except as granted in the limited license below, any other use of such content, including modification, transmission, presentation, distribution, or republication is prohibited without the express prior written consent of Dr A. Kilcoyne and will be regarded as a legal infringement, for which you (and/or your agents) will be legally liable for all costs, losses or damages howsoever caused.
Trademarks: All trademarks, trade names, logos, brand names, and service marks of Kilcoyne, whether registered or unregistered, are the property of Kilcoyne and are protected by the UK and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of Kilcoyne. In no event may any such assets be used in connection with any product or service that is not Kilcoyne's, in any manner that is likely to cause confusion or in any manner that disparages or discredits Kilcoyne. All other trademarks, trade names, brand names, company names and/or logos appearing on this Web site are the property of their respective owners.
Limited License: Kilcoyne authorises you to download the material on this Website solely for your personal, non-commercial use. If you violate any provision of these Terms & Conditions, your permission to use any or all such material automatically terminates and you must immediately destroy any copies you have made of any portion of such material, whether still in your possession or not, for any reason, otherwise you shall be regarded as being in legal infringement.
INDEMNITY
You agree to defend, indemnify, and hold us, our employees, agents and licensees, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of any of these Terms and Conditions or our Privacy Policy. You must regard all information as purely for internet informational and/or entertainment purposes only and it does not necessarily reflect what Kilcoyne believes, provides or suggests and thus you MUST confirm anything and everything independently off-line first, before sharing or acting!
If you Err or propagate incorrect information or in a way that makes it out of context etc, then YOU are responsible and liable for correcting such matters, reputationally and again as above, for any or all costs, losses or damages howsoever caused.
Copied from © 2000-2010 Smile Specialist® & Tony©
PRIVACY POLICY
We are committed to protecting and respecting your Privacy and this Privacy Policy (together with our Terms & Conditions) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. This may be on a 'Legitimate purpose' basis (the most common) or other reasons such as specific consent basis.
For the purpose of the Data Protection Act 1998 and updated 2018 (the Act) and further post-Brexit the UK data-protection act etc, the data controller is Dr.A.Kilcoyne of the Smile Specialist Centre, 9-13 Station Rd, Haworth, Keighley, West Yorkshire. UK BD22 8NL.
We may collect and process the following data about YOU - the term 'you' will also include any third party for whom you are acting or who is acting for you, for the purposes of this Policy and general Clarity, this will include:
1. Information that you provide by filling in forms on our Kilcoyne sites. This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem or feedback for Kilcoyne sites. By permitting a third party to add information to our site and/or carry out any transactions or make enquiries on the site on your behalf, you hereby confirm that such third party has your consent to do so.
2. Information collected from Public registers and/or which you provide, to confirm identity or prevent fraud.
3. If you contact us, we may keep a record of that correspondence.
4. We may also ask you to complete polls or surveys that we use for research & development purposes, although you do not have to respond to them, they are voluntary.
5. Details of transactions or enquiries you make through Kilcoyne and of the fulfilment of your orders. You must ensure that you have the permissions/or consent of all third parties on whose behalf you carry out transactions or make enquiries or place orders through our site. You must ensure also that these third parties are aware of the terms of this Privacy Policy. You may be required to make a declaration when you carry out transactions or make enquiries or place orders through our site that you have the consent of all third parties on whose behalf you are making the transaction, enquiry, usage or order and we shall accept no liability for any failure to do so on your part. As above, you indemnify us from any liabilities or consequences of your omissions or errors.
6. Details of your visits to our site including, but not limited to, traffic data, location, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
7. Information that you provide to subscribe to our email notifications and newsletters (including opens, clicks, preference information, email and contact information) but as usual you can opt-out of any such opt-ins already established.
8. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual. See Cookie policy above.
9. The data that we collect from you (or any third party for whom you are acting) by preference, will not be transferred to, or stored at, a destination outside the European Economic Area ("EEA"), unless we have confirmed it is compliant and meets GDPR privacy equivalent requirements too.
10. All information you provide to us is stored on secure servers. Any payment transactions will be encrypted using SSL technology. Where you have chosen a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone and keep them secure. You are responsible and liable for this.
11. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access, taking all reasonable precautions.
12. We use information held about you in the following ways:
To ensure that content from our site is presented in the most useful & effective manner for you and for your computer.
To provide you with information, products or services that you request from us or which we feel may interest you, on a legitimate interest basis or where you have consented to be contacted for such purposes.
To carry out our obligations arising from any contracts entered into between you and us.
To allow you to participate in interactive features of our service, when you choose to do so.
To notify you about ongoing changes or improvements to our service.
We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by post or telephone.
Information about you that has been entered into our system by a third party for the making of transactions or enquiries through our site on your behalf and of the fulfilment of your orders will be collected and used for the purposes set out in this Privacy Policy.
Information about any third party for whom you are acting that has been entered into our system by you for the making of transactions or enquiries through our site on their behalf and of the fulfilment of their orders will be collected and used for the purposes set out in this Privacy Policy.
Information collected from public registers, such as the General Dental Council’s public register of dental professionals or the voting register, may be used to verify the veracity & personal details you enter when you register to use our site. The information may be used to pre-populate some of the forms in the registration screen and/or login screen and/or any order form you may complete. In addition, such information may be displayed on publicly accessible parts of our site and/or parts of the site only accessible via secure login.
If you are an existing visitor, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous interaction or sale to you or to any third party who carried out the transaction on your behalf.
If you are a new visitor, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means ONLY if you have already opted-in and/or consented to this.
We may provide third parties with aggregate information about our visitors/users. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement or relevant information to that target audience.
We may disclose your personal information to third parties.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Website Use or Terms and Conditions of Supply and other agreements; or to protect the rights, property, or safety of Kilcoyne, our patients, or others, we may disclose your personal information. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
We may disclose your personal information to any member of the Kilcoyne sites.
In the event that we sell or buy any business or assets, we may disclose your personal data to the prospective seller or buyer of such business or assets.
This includes if Kilcoyne or substantially some or all of its assets are acquired by a third party, in which case personal data held by it about its visitors will be one of the transferred assets.
13. You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting the Data Protection contact Dr.A.Kilcoyne, as detailed in bold above.
Our Kilcoyne sites may, from time to time, contain links to and from the websites of our partner networks, advertisers or affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
14. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to £50 to meet our costs in providing you with details of the information we hold about you (or any third party for whom you are acting).
15. Any changes we may make to our Privacy Policy in the future will be posted on this page or, where appropriate, notified to you by e-mail.
16. We will not keep data about you for longer than is necessary - this is assessed on an individual basis. You have the right to have data removed but certain data such as Health records, will be kept longer, usually for 10 years past any activity, but then they'll be completely destroyed if no significant contact is made by year 11 for adults, or over the age of 25 if treatments/contacts were as a child, as our normal maximum period.
GENERAL
Dr Kilcoyne, SmileSpecialist®, Smile Specialist Ltd, Smile Specialist Centre and Haworth Dental Practice are based in the UK. Kilcoyne makes no claims that the Content is appropriate or may be downloaded outside of the UK. Access to the Content may not be legal by certain persons in certain countries. If you access the Content from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction before doing so.
The terms and conditions of use shall be governed by and construed in accordance with the laws of England without regard to conflicts of laws provisions. By using any Kilcoyne Web Site, users represent that they agree that any action arising out of or relating to these terms shall be filed in Yorkshire, England and users consent and submit to the personal jurisdiction of the courts therein. If any provision contained within these terms shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall in no way affect the validity and enforceability of any other provisions contained herein. All rights not expressly granted to the user in these terms and conditions of use remain exclusively with Kilcoyne and are hereby reserved to Kilcoyne. These terms and conditions of use represent the whole of the agreement between the user and Kilcoyne in connection with the use of any Kilcoyne Web Site or linked Web Site or the material and content contained therein. No amendment, modification, change, or binding interpretation of this agreement shall be made by any person other than Dr A. Kilcoyne and shall only be made in writing by Dr A. Kilcoyne.
Any advice, appointments, treatment or other goods are subject to Dr.Kilcoyne's normal Terms & Conditions and Privacy Policy of business at his workplace/s and copies of these are available there too.
Again, if you are unable or unwilling to abide by ALL these terms and conditions, then you MUST act as if you never communicated with this site or Practice and disregard all of its content, destroying all information related to Kilcoyne and remove all links, code and visits to Kilcoyne.
If later a law or Court deems a particular aspect unenforceable, then you agree the rest of these Terms and Conditions and Privacy Policy fully apply AS IF THAT ASPECT WAS SPECIFICALLY EXCLUDED UPON HERE in writing, making all the rest of the Terms and conditions and Privacy policy fully enforceable in law.
By linking to or using this Kilcoyne site at all, you are deemed to be opting in and accepting ALL these terms and conditions herein, now and upon any other future visits too.
Please print these terms and conditions for your reference and do not proceed to visit Kilcoyne websites etc. if for any reason you do not or can not accept these in totality. Thankyou.
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