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FMC Consent Ltd Terms of Service

Date last revised: March 2025

PLEASE READ THIS DOCUMENT CAREFULLY. THESE TERMS APPLY TO THE MEDICAL PROFESSIONALS UPLOADING CONTENT TO THE WEBSITE AND TO ALL SUBSCRIPTIONS FOR ACCESSING THE CONTENT VIA THE WEBSITE AND/OR THE APPLICATION. THESE TERMS DO NOT APPLY TO PATIENTS OR ANY CONSUMER USERS WHO MAY ACCESS OR VIEW CONTENT THROUGH THE WEBSITE.

These Terms of Service explain how you can use our Website through your Subscription.

1  ABOUT THESE TERMS OF SERVICE

1.1

Dentistry Consent is a website operated by FMC Consent Ltd. FMC Consent Ltd is a limited company incorporated in England and Wales under company number 15872349, having its registered address at 1 Hertford House Farm Close, Shenley, Radlett, Hertfordshire, United Kingdom, WD7 9AB. Our VAT number is 485 9809 23.

To contact us, please e-mail [email protected] or telephone our customer service line on 01923 851773.

1.2

In these Terms of Service:

  • “Account” means the User account created when You accept these Terms of Service and subscribe to the website;
  • “Application” also referred to as a “mobile app” or “app” is a computer program or software designed to run on a mobile device such as a smartphone or tablet. The app is provided by FMC Consent Ltd and available through the Website, through which You can access and use the Services;
  • “FMC Consent Ltd”, “we” and “us” and “our” are references to FMC Consent Ltd;
  • “Content” means material and information used to populate pages of consent including without limitation text, image, video and audio material, some of which may comprise medical information regarding a patient;
  • “Device” means a tablet or similar handheld device capable of supporting the Website;
  • “Data Protection Law” means all applicable privacy and data protection laws relating to the processing of Personal Data and the privacy of electronic communications including the EU GDPR, the UK GDPR, Data Protection Act 2018, the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426) and any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
  • “Intellectual Property Rights” means copyright and all related rights, moral rights, database rights, business names, patents, and rights to use and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  • “Personal Data” has the meaning given to “personal data” in the Data Protection Laws, as the context requires;
  • “Personal Data Breach” has the meaning given to “personal data breach” in the Data Protection Laws as the context requires;
  • “Privacy Policy” means FMC Consent Ltd privacy policy found here https://dentistry.co.uk/privacy-policy/ ;
  • “Services” means all those services provided to Users through the Website, as more particularly described in Section 3;
  • “Subscription” is defined in Section 5.1;
  • “User”, “Your” and “You” means any and all professional users of the Website and/or the Services who provide the Content with whom we are contracting pursuant to these Terms of Service;
  • “User Guide” refers to our FAQs and series of support pages available to Users on the Website;
  • “Website” refers to Dentistry Consent, the website published by FMC Consent Ltd at which www.dentistry.co.uk/consent sets out the features of the Subscription Service.

1.3

These Terms of Service together with the Privacy Policy set out the terms on which we offer the service available through the Website and on which You agree to use the Service and the Website.

1.4

Please review these Terms of Service carefully and make sure that You understand them before subscribing to FMC Consent Ltd. If You do not agree to these Terms of Service, You must cease use of the Website and the Services immediately.

2  ACCEPTANCE OF TERMS OF SERVICE

2.1

By using the Website and/or the Services, You accept and agree to be bound by these Terms of Service.

2.2

The Terms of Service refer to the following additional terms, which also apply to Your use of the Website:

2.3

We have the right to make changes to these Terms of Service at any time and the new version of the Terms of Service will apply to any order placed on the Website after the new version has been posted on the Website. We therefore advise you to make sure you are happy with the new Terms of Service before you place an order. You will be required to tick to confirm acceptance of our Terms of Service before you place an order.

2.4

You are not required to accept any change that alters your Subscription. Where any such change has a material impact to your Subscription, we will notify you 30 days in advance of the relevant change(s) taking effect, after which point you may terminate your Subscription on notice to us at [email protected].

2.5

You can review the most current version of our Terms of Service and Privacy Policy at any time by clicking on the “Terms of Service” link located at the bottom of the Website. It is Your responsibility to ensure that You are familiar with the current Terms of Service and Privacy Policy. You are advised to check the above link on a regular basis. These Terms of Service were most recently updated as set out at the top.

3  WHAT IS DENTISTRY CONSENT?

3.1

Dentistry Consent is an enhanced patient consent application for Content that is uploaded by medical professionals relating to treatments, procedures, risk and potential side effects. It is a cloud based consent procedure optimised to give patients an in-depth understanding of a medical or dental procedure they are about to undertake. It also tests a patient’s understanding of the procedure to ensure patients provide valid informed consent to their practitioners before receiving any medical intervention.

3.2

The consent forms and a description of the treatment processes to be sent to the patient ahead of treatment are provided by us to allow patients sufficient time to consider the treatment they are about to undertake and to raise any questions with you that they may have regarding their treatment. The Website will store the patient’s consent process along with photographic identification and a digital signature which can be subsequently retrieved by You as required.

3.3

You are responsible for handling any queries the patient(s) may have, and for providing them with the necessary advice they may need to give a suitably informed decision in advance.

3.4

You may upload your own consent forms if you prefer to use your own.

4  GRANT AND SCOPE OF LICENCE

4.1

Your Subscription is for a limited, revocable, non-transferable, non-exclusive paid subscription for your staff to use Dentistry Consent and access your uploaded Content only on a Device owned by, or licensed to, you for the Subscription Period, subject always to these Terms of Service, the Privacy Policy and our Acceptable Use Policy, each of which is incorporated into these Terms of Service by reference.

4.2

You shall only use the Website in conjunction with the accompanying User Guide and must at all times adhere to the User Guide and any additional materials provided by FMC Consent Ltd for such purpose.

4.3

Except as expressly set out in these Terms of Service or as permitted by any applicable laws, You agree:

  1. not to copy Dentistry Consent except where such copying is incidental to normal use of the Website, or where it is necessary for the purpose of back-up or operational security;
  2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify your Subscription or any of the Content;
  3. not to make alterations to, or modifications of, the whole or any part of the Website or the Content, or permit any part of it to be combined with, or become incorporated in, any other programs run by you or in conjunction with any third party;
  4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Website or the Content, or attempt to do the same;
  5. that the security of any devices used to access the Content are appropriately secure;
  6. to include our copyright notice on all entire and partial copies you make of the consent forms on any medium;
  7. not to provide or otherwise make available your Subscription or the website in whole or in part (including object and source code), in any form to any person;
  8. You have no right to have access to the Application in source code form;
  9. to supervise and control use of the Website by your staff and ensure that the Subscription is used only by you and in accordance with these Terms of Service.

(together the “Licence Restrictions”).

4.5

You must not:

  1. use the Website and/or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service and Licence Restrictions, or act fraudulently or maliciously, for example, by hacking into, uploading or inserting any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, the Website or any operating system;
  2. interfere with the servers or networks connected to the Website or Application or to violate any of the procedures, policies or regulations of networks connected to the Website, Application or Your Subscription;
  3. use the Website and/or the Services to generate unsolicited advertisements or spam;
  4. impersonate any other person while using the Website and/or the Services;
  5. use the Website or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  6. collect or harvest any information or data from the Website or the Services or our systems or attempt to decipher any transmissions to or from the servers running the Website or the Services;

You agree to keep Your username and password confidential, not to disclose Your password to any other person and not to permit any other person to log in to Your website subscription using Your username and password.

5  PAYMENT TERMS

5.1

We provide the Website, Content and Application to you on a paid subscription basis per single user. You will be required to sign up to a subscription package for each user (a “Subscription”) and pay the appropriate Fees to us to use the Service and access your Account.

5.2

Details of Subscriptions and Fees are set out on the Website. Subscriptions vary depending on the package you choose (monthly or annual subscriptions only).

5.3

Fees are quoted in GBP (£) exclusive of VAT (if applicable) which is payable in addition.

5.4

When signing up to pay a Subscription Fee, You will be asked to enter Your credit or debit card details and asked to click “submit”. FMC Consent Ltd uses PCI compliant payment providers. FMC Consent Ltd will not see or receive Your credit or debit card details. These will be viewable only by the payment provider.

5.5

When Your payment has been processed, You will receive a confirmation email from FMC Consent Ltd.

5.6

Your subscription renews on a monthly or annual basis (as applicable), You authorise FMC Consent Ltd (or our payment provider) to request payment from Your bank or card provider at the appropriate intervals. You must ensure that there are sufficient funds in Your account to meet the subscription fee due to us. If a payment is unsuccessful, we will request the payment again. We reserve the right to charge You an administrative fee of £10.00 in respect of each payment properly requested by us that is unsuccessful.

5.7

Your Subscription Fees are fixed for the first year (whether you pay monthly or annually). Where your Subscription renews, we reserve the right to alter your renewal Subscription price. We will notify you of any change to your Fees for your renewal Subscription prior to your renewal.

6  CANCELLATION

6.1

Where Your Subscription terminates at the end of the applicable Subscription period, You will then be unable to access certain Content associated with Your account and that Subscription, including your consent forms. You must download and remove all associated Consent, including historical data and information prior to the termination of your Subscription.

6.2

You may cancel the Subscription at any time. Your Subscription will then run until the end of the current Subscription period so that you do not receive a further invoice after the expiry of your termination notice. You can cancel your Subscription via our account management system.

6.3

FMC Consent Ltd will not refund any subscription paid by You if You wish to cease use of the Services and/or the Website prior to the proper expiry of the current billing cycle.

6.4

All Fees paid to FMC Consent Ltd are non-refundable other than in cases of manifest error or where you wish to end your Subscription in response to a change we have made, or something that we have (or have not) done.

7  CONTENT

7.1

You warrant that in respect of any Content uploaded via the Website to FMC Consent Ltd Servers by You or on Your behalf:

  1. You have the right to submit such Content via the Website (whether by virtue of ownership of the Intellectual Property Rights in such Content or as a result of the grant to You of a license to use and publish such Content);
  2. all Content submitted is relevant and necessary to be obtained for medical purposes and is collected and submitted by a health professional or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional;
  3. Content will be taken and submitted using Your best professional and medical judgement of You or Your appropriately qualified employees;
  4. the submission of such Content via the Website is not likely to bring the reputation of FMC Consent Ltd into disrepute;
  5. once submitted Content will only be used for patients and records and will not be used for any unregulated or unlawful purpose.
  6. such Content (and the submission of such Content via the Website):
    1. has been specifically approved by each person to whom the content and any personal data contained within it relates and each person acknowledges that it may contain “Sensitive Personal Data” for the purpose of Data Protection Law. Such consent shall be specific, informed and in accordance with Data Protection Law.
    2. is not illegal in the UK or in any jurisdiction in which such Content might reasonably be expected to be viewed and does not promote any illegal activity; and
    3. is not of a pornographic, sexually explicit, violent, offensive or obscene nature (taking into account that the Content is not going to be published and images and video may contain graphical records of relevant body parts of Your patients);
  7. You agree that FMC Consent Ltd may be required to provide information about the origin of any Content submitted via the Website to a court or other judicial body. FMC Consent Ltd will only disclose such Content on receipt of a court order from a court of competent jurisdiction. FMC Consent Ltd will not disclose any Content to any patient, or other third party without your prior written consent or by order of a court of competent jurisdiction.
  8. FMC Consent Ltd does not offer a service whereby You can electronically transfer all Content uploaded by You via the Website to a third party database or storage medium. If You wish to make such a transfer, You would be required to perform this transfer manually by downloading a file containing your Content. On termination of your Subscription, Your access to, and right to view Content uploaded by You via the Website will remain but you will lose all rights and ability to proceed with a new patient consent.
  9. You acknowledge that Content uploaded by You via the Website is automatically synchronised to FMC Consent Ltd Server only when the Device on which the Website operates is connected to a wi-fi network.

8  OUR RIGHTS

In providing You with access to the application via the Website, and in providing the Services, FMC Consent Ltd reserves the following rights, and in accessing, browsing or otherwise using the Website and/or the Services You grant to FMC Consent Ltd and agree that FMC Consent Ltd shall have the following rights to:

  1. refuse or withdraw Your access to the Website or any particular part of and/or the Services or Content in accordance with applicable laws for any reason at any time (with or without notice) if in FMC Consent Ltd sole and absolute discretion You violate or breach any of these Terms of Service;
  2. suspend, amend or disable Your Account on notice;
  3. remove or amend any Content;
  4. amend or update the Application, fees, billing methods or these Terms of Service from time to time;
  5. report You to the police or other judicial body if FMC Consent Ltd believes in its sole and absolute discretion that Your conduct (whether in using the Website, our Services or otherwise) is unlawful.

8.2

Where we suspend, amend or disable Your Account through no fault of your own, we shall refund to you (on a pro-rated basis) any prepaid but unused Subscription Fees to the method of payment used to sign up.

9  INTELLECTUAL PROPERTY

9.1

FMC Consent Ltd and/or its licensor(s) are the sole owners of the Website, software and Content made available through the Website.

9.2

Notwithstanding the preceding paragraph, You (or your licensors) shall retain ownership of any Content provided by You to populate your subscribed area of the Website. You hereby grant a transferable licence to FMC Consent Ltd to publish, display, extract, analyse and use such Content solely during your Subscription period for us to provide the Services as contemplated by these Terms of Service and the Privacy Policy.

9.3

FMC Consent Ltd website and cloud based software is protected by UK and international copyright and other IPRs. You may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material (other than Content uploaded by you) provided through the Website without FMC Consent Ltd prior express written consent.

9.4

FMC Consent Ltd and its graphics, logos, icons and service names on the Website or Application are registered and unregistered trademarks or trade dress of FMC Consent Ltd. They may not be used without FMC Consent Ltd prior express written permission.

9.5

All other trademarks not owned by FMC Consent Ltd that appear in connection with the Application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by FMC Consent Ltd. No rights are granted to you in respect of such other trademarks.

10  SECURITY

10.1

Whilst we have implemented commercially reasonable technical and organisational measures to secure Your personal information, that of Your patients and other user Content from unauthorised use, we cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that You provide Your personal information, that of Your patients and other user Content at Your own risk and you must provide appropriate information to your patients in your privacy policy relating to this.

10.2

FMC Consent Ltd does not have access to Your Device and cannot delete stored pages or information from Your Device if it is stolen or otherwise lost. It is Your responsibility to ensure the safety of Your device and your username and password. If Your Device is lost or stolen, You can access the Website on a new device and login with Your existing username and password combination. This will provide You with access to Your Content in accordance with your Subscription.

11  ELECTRONIC COMMUNICATIONS

By accessing and/or using the Website and/or the Services, You consent to receiving electronic communications and notices from FMC Consent Ltd. You agree that any notice, agreement, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

12  PRIVACY

You provide us with personal information when You register an Account via the Website. We also collect information both relating to You (for example on Your usage history) and to users of the Website and the Services in general. Any information that You submit or that we collect when You are using the Website or Services is subject to the FMC Consent Ltd Privacy Policy the terms of which are set out in our https://dentistry.co.uk/privacy-policy/ . You cannot register for an Account unless you accept our Privacy Policy.

13  DATA PROTECTION

13.1

For these Terms of Service, You shall act as a Controller and we shall act as a Processor of all Personal Data relating to Patients that you provide to the Website. Each of us shall comply with our respective obligations under Data Protection Law.

13.2

You shall retain control of the Personal Data and remain responsible for its compliance obligations under applicable Data Protection Law and for the processing instructions You give to us. We shall notify You if we have reason to believe that an instructions we receive from You is in breach of Data Protection Law.

13.3

In respect of any Personal Data to be processed by us, we shall ensure that we only process personal data in connection with the Services and for no other purpose, except as required by law, and, in such cases, You shall inform us of any legal requirements before processing, unless the law prohibits such information on important grounds of public interest.

13.4

We will maintain the confidentiality of the Personal data and will not disclose the Personal Data to third parties unless You specifically authorise the disclosure, or as required by law, court or a regulator. If a law, court or regulator requires us to process or disclose the Personal Data to a third Party, we will inform You of such legal or regulatory requirement.

13.5

We shall implement appropriate technical security measures to ensure the confidentiality and integrity of Personal Data is preserved and to prevent the unlawful processing of Personal Data and to protect against accidental loss or destruction of, or damage to, the Personal Data, provided that such measures shall be appropriate to the harm that might result from each of the same and the nature of the Personal Data to be protected, as well as the risk of varying likelihood and severity for the rights and freedoms of the data subjects having regard to the state of technological development and cost of implementing any measures.

13.6

We shall not transfer Personal Data outside the United Kingdom or European Economic Area without the written instructions of You, unless otherwise required under Data Protection Law, and shall ensure that there are appropriate safeguards in place in respect of such transfer, as required under Data Protection Law.

13.7

We shall notify You promptly (within 48 hours upon becoming aware) if we receive a request from a data subject, the Data Protection Regulator or any other third party which relates to the Personal Data (we shall not respond to such request unless so directed by You).

13.8

Taking into account the nature of the processing, we shall provide You with such reasonably requested information, co-operation, and assistance, by appropriate technical measures insofar as possible to assist You to meet its obligations under Data Protection Law in respect of the Personal Data relating to:

  1. responding to requests from a data subject to exercise their rights;
  2. enquiries from the Data Protection Regulator;
  3. security of processing;
  4. notification of a Personal Data Breach to the Data Protection Regulator or the data subject;
  5. data protection impact assessments; or
  6. prior consultation.

13.9

We shall notify You promptly (within 48 hours) upon becoming aware of an actual Personal Data Breach in respect of the Personal Data (“Security Incident”). We shall include the following in any such notification or if the information is not available at the time of notification, as soon as possible following such notification:

  1. the nature of the Security Incident including the approximate number and categories of data subjects and records concerned;
  2. name and contact details of the contact who will liaise with You and/or Your affiliates in relation to the Security Incident;
  3. possible consequences of the Security Incident; and
  4. remediation measures proposed to be taken.

13.10

We shall maintain complete and accurate records to demonstrate its compliance with this clause 13; and ensure that persons authorised to process the Personal Data have committed themselves to confidentiality.

13.11

Following expiry of the Subscription period or termination of these Terms of Service, at Your option, we shall securely delete or return all the Personal Data to You and delete existing copies unless Applicable Data Protection Law requires the storage of Personal Data by us.

13.12

We shall make available to You all information necessary to demonstrate compliance with the obligations laid out in Article 28 of the UK GDPR or the EU GDPR, as applicable and this Clause 13 and allow for and contribute to audits, including inspections, conducted by You or another auditor mandated by You provided that such audits shall not take place more than once every three years, shall not last for more than 2 days, shall not disrupt our business and shall be undertaken on reasonable notice.

13.13

You hereby grant to us a general authorisation to appoint sub-processors. We shall notify You of any changes concerning the addition or replacement of other processors, thereby giving You the opportunity to object. We shall ensure any sub-processors are subject to a written agreement incorporating terms which are substantially similar to this Clause 13 and we shall remain fully liable for any such sub-processors.

14  USE OF INFORMATION SUBMITTED

14.1

You agree that FMC Consent Ltd is free to use any comments, information or ideas contained in any communication You may send to FMC Consent Ltd (excluding Content submitted by you through the Website) without compensation, acknowledgement or payment to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Services or the Website or other products or services.

14.2

You agree that all such information referred to in this clause 14 shall be non-confidential and non-proprietary to You, and You agree that such information may be used by us without any limitation whatsoever.

15  LIMITATION OF LIABILITY & DISCLAIMERS

15.1

You acknowledge that the Website has not been developed to meet Your individual requirements, and that it is therefore Your responsibility to ensure that the facilities and functions of the Subscription service as described on the Website meet Your requirements.

15.2

In no event shall FMC Consent Ltd, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to You for any:

  1. loss of profit, loss of business, business interruption, loss of business opportunity, loss of use or any special, incidental, indirect or consequential damages whether or not arising as a result of any negligence, failure or other fault caused by FMC Consent Ltd, on any theory of liability, and whether or not advised of the possibility of damage;
  2. acts or omissions that you take as a result of any Content you access through the Website;
  3. procedures that you undertake with any patient in connection with the Content;
  4. Content you upload to the Website in breach of your rights to use such Content; or
  5. Losses you incur as a result of your failure to access the Content or any part of the Website at any time, including any related business interruption.

15.3

Subject to paragraph 14.4, FMC Consent Ltd is only responsible for loss or damage You suffer that is a foreseeable result of our breach of these Terms of Service or our negligence up to the limit specified in paragraph 15.5, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach.

15.4

FMC Consent Ltd does not seek to exclude liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation on the part of FMC Consent Ltd or any other liability that cannot be excluded or limited by English law.

15.5

Our maximum aggregate liability under or in connection with these Terms of Service (including Your use of the Services and your Subscription) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the aggregate of any Fees paid by you in the 12 months preceding the occurrence of Your loss or damage. This does not apply to the types of loss set out in paragraph 15.4.

16  DISCLAIMER

16.1

FMC Consent Ltd provides the Services and the Application “as is” and without any warranty or condition, whether express, implied or statutory. FMC Consent Ltd specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FMC Consent Ltd assumes no liability or responsibility for any errors or omissions in the Website or any Content; any failures, delays or interruptions in the website; or any conduct by other users of the Services or the Website.

16.2

Where FMC Consent Ltd offers template documents for use by you, these are to be considered only as examples and should be reviewed by you, as an experienced medical practitioner, to ensure they are suitable for their specific use.

16.3

From time to time You may use or access services, promotions and websites of third parties from links contained on the Website or the Application, over which we have no control.

16.4

In using or accessing third party services, promotions and websites, You agree to be bound by the terms of service of such third parties governing their services, promotions and websites over which we have no control and you acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging to or operated by third parties.

17  INDEMNITY

You agree to indemnify and hold FMC Consent Ltd and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of Your use of the Services, Content and/or the Website.

18  DISPUTES

18.1

If you have any problem with your Account, Subscription or the Website generally, we would prefer you to contact us in writing in the first instance, before considering external advice or support. When contacting us, you should specify (in sufficient detail) the nature of the problem and how it came to your attention so that we can identify the most efficient way to resolve it.

18.2

You agree that these Terms of Service and any claim or dispute arising out of in connection with your use of the Website or your Subscription, (including non-contractual disputes or claims), the Services, Subscription, FMC Consent Ltd, the Website, FMC Consent Ltd advertising or any related transaction between You and FMC Consent Ltd shall be governed by and construed in accordance with English law.

18.3

Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

19  TERMINATION

19.1

We may terminate or suspend your Subscription immediately by written notice to You:

  1. if You commit a material or persistent breach of these Terms of Service which You fail to remedy (if remediable) after the service of written notice requiring You to do so;
  2. if You breach any of the restrictions in paragraphs 4.2 and 4.3; and
  3. You fail to make any payment when due.

19.2

We may terminate your Subscription for any reason at any time by giving no less than one calendar month’s written notice to You.

19.3

On termination for any reason:

  1. all rights granted to You under these Terms of Service shall cease;
  2. access to the Content, Website, Application and your Account will be stopped and you must ensure that you access and remove any Content you need from the Website before your Subscription ends;
  3. You must immediately cease all activities authorised by these Terms of Service, including Your use of any Services; and
  4. You must immediately delete or remove the Application from all Devices, and immediately destroy all copies of the Application then in Your possession, custody or control and certify to us that You have done so.

20  GENERAL

20.1

We may transfer our rights and obligations under these Terms of Service to another organisation, but this will not affect Your rights or our obligations under these Terms of Service.

20.2

Account details and Subscriptions are not transferable. You may therefore only transfer your rights or obligations under these Terms of Service to another person if we agree in writing.

20.3

These Terms of Service are agreed between You and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.

20.4

If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.

20.5

FMC Consent Ltd reserves the right to charge interest on any late payments at the rate of 7% per annum above the base rate of the Bank of England. Interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment.

20.6

Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

20.7

Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve You from the obligation to comply with such provision.

20.8

You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights under these Terms of Service without our prior express written consent.

20.9

These Terms of Service, our User Guide and Privacy Policy set out the entire understanding and agreement between You and FMC Consent Ltd with respect to your Subscription and use of the Website and related Content. No warranties, representations or statements made by us, including on the Website or in any other materials produced by FMC Consent Ltd, shall apply unless incorporated into these Terms of Service.

Acceptable use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.dentistry.co.uk/consent (the Website). This acceptable use policy applies to all users of, and visitors to, the Website, whether by subscription, account holder or browsing.

Your use of the Website means that you accept, and agree to abide by, this acceptable use policy, which supplement our Terms of Service.

www.dentistry.co.uk/consent is a site operated by FMC Consent Ltd. (“We”) A limited company registered at 1 Hertford House, Farm Close, Shenley, Hertfordshire, WD7 9AB, United Kingdom.

PROHIBITED USES

You may use the Website only for lawful purposes. You may not use the Website:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm others in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in our Terms of Service.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Terms of Service.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of the Website;
    • any equipment or network on which the Website is stored;
    • any software used in the provision of the Website; or
    • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on the Website, including, without limitation:

  • Chat rooms.
  • Bulletin boards.
  • Blogs

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with it.

You must comply with the following standards. The standards apply to each part of any Content as well as to its whole.

You are able to access your Content through your Subscription. You should therefore ensure that all Content is:

  • accurate (where they state facts).
  • genuinely held (where they state opinions).
  • Compliant with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Website, including closing of your Account and your Subscription.
  • Immediate, temporary or permanent removal of any posting or Content uploaded by you to the Website.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Website.

OFFERS

From time to time we may offer a discounted price as part of a promotional offer. Details of these offers are listed below with any special conditions attached to the offer:

OFFER: £1/month for the 1st three months.

  • Offer valid between: 10 April 2025 – 31st December 2025
  • The service is offered at the reduced price of £1/month for a period of three months
  • Offer valid for new subscribers only
  • During the three month introductory period, users can cancel at any time. Your subscription will then run until the end of the current subscription period.
  • After the initial three month term, the monthly subscription will increase to £34.99 + VAT and our standard terms apply
  • We reserve the right to remove this offer at any time
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