TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS ("THE TERMS AND CONDITIONS") CAREFULLY. THEY SET OUT THE TERMS UNDER WHICH YOU MAY USE THE KELVIN LODGE website ("THE WEBSITE"). PLEASE ALSO READ THE PRIVACY POLICY ON THE WEBSITE ("THE PRIVACY POLICY") AND ANY OTHER TERMS AND CONDITIONS ON THE WEBSITE (WHICH FORM PART OF THE TERMS AND CONDITIONS).

 Ownership of the Website

The Website is owned and operated by Paul Coulthard, Andrew Greenwood, David Row and Paul Shenfine t/a Kelvin Lodge Dental Practice ("Kelvin Lodge"). Kelvin Lodge can be contacted at 77 Elmfield Road, Gosforth, Newcastle upon Tyne, NE3 4BY, telephone 0191 285 1150, fax 0191 285 9823, e-mail info@kelvinlodge.co.uk.

The Website is the sole property of Kelvin Lodge and all intellectual property rights in the Website belong exclusively to it or its licensors. Any trademarks used on the Website but belonging to a third party remain the property of that third party.

Registration and obligations of the User

You must register to use certain parts of the Website, however you can browse the Website without registering. You must complete an on-line registration form to register, this may be accessed here. Once you have completed the online registration form you will receive an e-mail confirming your registration details. You must be over 18 to use the Website and applications to register from those under 18 will be refused. Any patients of Kelvin Lodge under the age of 18 years who wish to use the Website must do so through a parent or guardian.

If any of the information you give us is incorrect or changes, you must notify us immediately by contacting us with the corrected information. You can change your details via the Website or you can contact us by telephone or fax.

You may not disclose to or share your password with any third parties or use your password for any purpose other than using the Website in accordance with these Terms and Conditions.

Kelvin Lodge may immediately suspend, indefinitely suspend or terminate your registration at any time without giving you a reason whether or not you are in breach of any of these Terms and Conditions.

You must not attempt at any time to do anything which interferes with the proper working of the Website.

You shall not use the Website to transmit or store material which is obscene, racist, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right or which is in breach of any applicable law.

Our liability

All of the information on the Website is by its nature generic. All patients are different and their dental problems are therefore also different and if you have any problem or query we strongly recommend that you speak to a qualified dentist/orthodontist. You should not place any reliance on any advice placed on this Website or act in reliance of it. Kelvin Lodge makes no warranty or representation that any of the information on the Website is accurate, complete or current or that it contains no technical or typographical errors. Kelvin Lodge excludes all liability for the content on the Website, howsoever arising and of whatever nature (whether direct or indirect or consequential) to the fullest extent permitted by law.

There are a number of links to external websites on the Website. The links are placed on the Website as they may contain useful information but Kelvin Lodge accepts no liability for any information on those sites and/or the suitability or accuracy of any of the information on those sites. The inclusion of a link to a person or organisation on the Website does not amount to an endorsement or approval of that person or organisation by Kelvin Lodge.

Kelvin Lodge does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be affected by numerous factors outside our control. Kelvin Lodge accepts no liability to you for any losses of whatever nature you may incur as a result of any aspect of the Website being unavailable for use or not operating in the way you would expect. In particular, Kelvin Lodge accepts no liability for any losses incurred by you as a result of the operation of or any failure in the operation of the appointments booking and checking systems on the Website. Nothing in these Terms and Conditions shall be construed as seeking to exclude liability of Kelvin Lodge for death or personal injury caused by its negligence.

If you are acting in your capacity as a consumer your statutory rights are not affected by these Terms and Conditions.

Whilst Kelvin Lodge makes all reasonable attempts to exclude viruses and other malicious code from the Website, Kelvin Lodge accepts no liability for viruses or damage caused by viruses or the like and strongly recommends that you have appropriate virus screening software in place at all times.

Accounts

All payments made via the Website must be in pounds sterling (GBP) (or such other official legal tender as may replace pounds sterling as the official legal tender of England and Wales). The payment transaction part of the Website is operated through Worldpay and you acknowledge and accept that Worldpay will have access to your personal and bank details as a result.

VAT will, if appropriate, be charged at the appropriate rate in force at the time payment is made and will be calculated according to the amount being paid.

Privacy

• Kelvin Lodge has a firm commitment to only deal with your personal data in accordance with the Data Protection Act 1998 and our Privacy Policy. By submitting your personal data to us you are deemed to have read and accepted the terms of the Privacy Policy.

Notices

• Except as explicitly stated otherwise, any notices given by you by e-mail should be addressed to info@kelvinlodge.co.uk. Any notices given by us to you will be addressed to your registered e-mail address. Such notice shall be deemed to have been given and received 24 hours after the e-mail is sent, notwithstanding the fact that the sending party may be notified that the e-mail address is invalid for any reason (including the possibility that the e-mail address in your registration details is incorrect or out of date). Alternatively, Kelvin Lodge may give you notice by registered post to the address provided to us during the registration processes and you may give us notice by registered post to our registered office. In such case, notice shall be deemed to have been given and received 3 days after the date of mailing.

Variations

• Kelvin Lodge reserves the right to vary these Terms and Conditions from time to time. Such changes shall either be notified to you by e-mail or posted on the Website. Such changes in this manner shall be deemed to have been accepted by you if you continue to use the Website after a period of two weeks from the date of transmission of the e-mail or of the posting on the Website, whichever occurs later.

Contracts (Rights of Third Parties) Act 1999

Except as expressly provided in these Terms and Conditions, a person who is not a party to the Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms and Conditions provided that this does not affect any right or remedy of the third party which exists or is available apart from that Act. Notwithstanding the provisions of this clause, Kelvin Lodge shall have the right to enforce any term of this Agreement jointly with or separately from any action which Kelvin Lodge may take.

Entire Agreement

• These Terms and Conditions contain the entire agreement and understanding of the parties in connection with the use of the Website. This acknowledgement shall not apply to any misrepresentations and/or breaches of warranty which constitute fraud.

Severability

• If any term or provision in these Terms and Conditions shall be held to be illegal or unenforceable in whole or in part under any enactment or rule of law such term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions but the validity and enforceability of the remainder of these Terms and Conditions shall not be affected.
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Waiver and cumulative remedies

• No failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver thereof and no waiver by Kelvin Lodge of any breach or non-fulfilment by you of any provision of these Terms and Conditions shall be deemed to be a waiver of any subsequent or other breach of that or any other provision hereof. No single or partial exercise of any right or remedy under this Agreement shall preclude or restrict the further exercise of any such right or remedy and the rights and remedies of Kelvin Lodge provided in these Terms and Conditions are cumulative and not exclusive of any rights and remedies provided by law.

Governing Law

• These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Each of the parties hereby irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.