Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. ACCESSING OR USING THE SERVICES TOTALLY OR PARTIALLY, OR PAYING FOR THE SERVICES OFFERED BY DENTAL PROFESSIONALS THROUGH THE WEBSITE www.emerdency.co.uk, YOU ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. ALSO YOU AGREE TO THE PRIVACY POLICY OF EMERDENCY LTD. YOU ACCEPT THAT THIS AGREEMENT IS LEGALLY BINDING AS ANY OTHER AGREEMENT NEGOTIATED AND SIGNED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE ADVISED NOT TO USE THIS SERVICE.

THE TERMS AND CONDITIONS IN THIS AGREEMENT APPLY TO ANY PARTIAL OR TOTAL USE OF THE SERVICE BY YOU, AND YOU ACCEPT TO BE OBLIGATED BY THESE TERMS AND CONDITIONS INDEPENDENTLY OF THE TYPE OF USE YOU GIVE TO THE SERVICE. This agreement, which may be reformed later is between you and Emerdency LTD (from here on "Emerdency").

1. Definitions

1.1 Client:

Any natural or artificial person that uses the services offered by Emerdency, previous registration on the website www.emerdency.co.uk (herein referred to “the Client”).

1.2 Provider:

Any dental professional that provides his/her services through the online platform of Emerdency (from here on “the Provider”).

1.3 User:

Any natural or artificial person, company or organisation of any type, that is registered in the database of the website www.emerdency.co.uk with the purpose of using the Services provided through the website by Emerdency, as a Client or as a Provider (from here on “the User”).

1.4 Services:

Any work of payment management, financial intermediation and communication with a dental professional legally certified to diagnose diseases or pathologies, give dental advice, recommend treatments and medications, and do medical consultations (for the sole purpose of managing the payment to Providers, in name of the Client).

1.5 Website:

Technology platform that unites Clients and Providers and gives services of added value to both, distinguished as www.emerdency.co.uk (from here on “the Website”).

2. Who we are

2.1 Emerdency

Emerdency is a limited company duly constituted under the laws of England and Wales, identified with the company number 11062548. It is domicile in England and Wales and it provides website services of payment management and intermediation for dental consultations.

2.2 The Services

Emerdency offers and maintains the websites and domains of Emerdency, including all the available services on the Website or through it.

2.3 Clients

Through the Website and the Services offered by Emerdency, Emerdency offers to Clients a simple and fast way to have access to dental professionals whom, as Providers, will indicate on the Website their available time slots and diary, in a way the Clients will be able to follow a booking process prior to the following steps:

a) The Client will enter his/her address or location, and will set a maximum distance they are willing to travel;
b) After introducing the previous data, on the Client´s interface will appear the Providers’ practices located within the radius of the maximum distance set by the Client, along with the available time for an appointment, the other details of each dental practice won’t appear at this
c) The Client will proceed to choose their preferred appointment and make payment according to Clause 3, Sections 3.4 and 3.5;
d) Once payment has been completed, the contact details of the selected dental practice will appear.

3. Our Terms & Conditions

3.1 Agreement of the Terms of Service

The following pages contain the Agreement on the Terms of Service ("Terms of Service"). This Terms of Service regulate all of our Services provided to Clients, which are offered with previous acceptance by you without modification. These Terms apply only to the Clients, as Emerdency has a different agreement between itself and the Providers.

3.2 Use of Services

Through the Website, Emerdency concedes the Client a personal right, non-exclusive, non-transferable, non-sub-licensable, revocable and limited of access and use of the Services strictly with the purposes of exploring the Services and searching through the Providers for the scheduling of an appointment, acting Emerdency as an intermediate, in any case;

a. complying with the Terms of Use and
b. as much as the laws permit it, including, but not limited to, local laws, state laws, national laws, and any other kind. The User shall not allow that, directly or indirectly, nobody:
(i) copy, modify, reproduce, translate, localize, hold or create derivatives from any part of the Services;
(ii) realise duties of reversal engineering, dismount, decompile or try to find the source code or the structure, sequence and organization of all parts of the Services;
(iii) rent, lease, resell, distribute or use the Services for purposes of shared-time, offices of service or other commercial purposes not contemplated in this paragraph or that may use the Services in a manner unwanted or not authorized;
(iv) retire or modify any label or legal notification in the Services;
(v) take part in any activity that interrupts or interferes with the Services. This clause must be interpreted in a literal manner, considering the Client does not obtain any other right that has not been mentioned in these Terms & Conditions.

3.3 Services of intermediation and payment management for medical services.

Emerdency shall provide Services which only allow the Clients to find Providers for the pathologies and symptoms they may suffer, acting as an intermediate between Clients and Providers. In the contracts realised through the Website, Emerdency acts as a commissioner with the only purpose of collecting payments done in favour of the Providers. The Client is only responsible for the obligations that he/she may assume as part of scheduling an appointment with a Provider. Emerdency is not a dental professional that gives medical advice, or responsible for the results of a consultation, treatment or advice that the Client has selected and appointed with a Provider.

3.4 Fees.

An initial fee of £15 will be charged online when the appointment is booked. A further £35 will then be charged at the dental practice.

In the event a telephone consultation is required, a single fee of £15 will be payable to Emerdency via the website prior to the appointment.

The creation of accounts and the access to the Services are free. Emerdency will only charge the standard fee to the Clients when an appointment or a telephone call is scheduled with a Provider. Extra charges will apply in case of a tooth extraction and shall be paid according to Section 3.6 of these Terms & Conditions. All the descriptions of the fees are in Appendix “A” of these Terms & Conditions.

3.5 Services included in the Standard Fee.

In case an appointment is scheduled through the Website of Emerdency, the Provider will render the following services:

a. Assessment and advice;
b. X-rays and reports;
c. Prescriptions (excluding medication);
d. Temporary filling;
e. Initiation of root canal treatment;
f. Re-cementing a Crown, Bridge, Veneer, or Onlay;
g. Management of an infected socket (following an extraction);
h. Management of an infected wisdom tooth;
i. Draining an abscess,
j. Re-implantation of an Avulsed permanent tooth; and
k. Easing of dentures; this doesn’t include anything that requires sending the denture away for repair to a dental laboratory.

These services are only intended to cause dental relief. The Provider will have the discretion to refuse to lend any of the services (including teeth extractions) if the Client presents a complex or delicate medical history.

In case of scheduling a phone call, it shall last a maximum of ten (10) minutes, and will not include the services explained in literals b), c), d), e), f), g), h), i), j), k) of this clause. The Client understands and recognises that the accuracy of a Provider’s criteria may be lower in comparison to an appointment, as there may be a lack of physical examination. The phone call shall be carried out by Emerdency from a withheld or private number at the appointed time, to the phone number indicated by the Client, Emerdency reserves the right to carry out the phone appointment ten (10) minutes earlier or later, at its sole discretion. At the time of the phone call, Emerdency will make three (3) attempts to call the client, if, the said calls are not answered, Emerdency may do a further fourth attempt, at any time on any day.

The Services offered through the Website of Emerdency do not include permanent treatments. In the event the Client needs a permanent treatment, the said treatment shall be paid and negotiated directly between the Client and the Provider. Under no circumstances Emerdency will be associated to permanent treatments, and therefore has no responsibility in any way for those treatments.

Surgical extractions are not included within the treatments provided via Emerdency appointment.

Following the appointment, should the patient’s symptoms remain unresolved, a second appointment will be arranged for the patient with the dentist free of charge within the time period of a week (7 days). Beyond this, the patient will need to arrange another appointment as they should have seen a dentist for definitive treatment.

It is the Client’s responsibility to have available a translator if he/she needs it, it is not the obligation of Emerdency or the Provider to have one available.

3.6 Fund and Refund Management.

Through the Services, Emerdency will receive, upfront from the Client, the payment for an appointment or phone call with a Provider and the remaining balance will be paid at the dental practice for an appointment. Nevertheless, Emerdency will not transfer the amount correspondent to the Provider until the Client informs through the Website his/her conformity as agreed. In case of any dispute between a Client and a Provider, both agree to try to resolve it amicably, Emerdency will not be forced to return the funds to the Client. In case the dispute between a Client and a Provider transcends to a possible lawsuit, Emerdency will be free of any responsibility/liability that the Provider may have for defective performance or breach in the contract, agreement or transaction with the Client.

In no case, the Client will have to pay any extra amounts during an appointment or phone call, unless a tooth extraction is needed, where the Client shall pay directly to the provider the Extra fee specified in Appendix “A” of these Terms & Conditions. In the event a Client is forced to pay an unjustified extra amount, the Client shall keep a copy of the receipt and provide Emerdency with a copy of the same in order for Emerdency to consider the payments.

In the event the Client may want to cancel an appointment, this shall be done via communicating through the online contact form, no later than twenty-four (24) hours before, the said appointment in order to obtain a full refund. If the Client does not respect this time lapse, there will be no right to a refund.

If the Client arrives later than ten (10) minutes after the time for the scheduled appointment, the Client will lose its right to have the said appointment, and there will be no right to a refund. In order to avoid losing an appointment Emerdency recommends, to the Client, that he/she arrives ten (10) minutes prior to the appointment. In addition to this the Client shall bring with him/her a list of all the medications he/she is currently taking, if, the said list is not available to the Provider at the appointment, the Provider may refuse to proceed with the consultation with no right to refund.

If the Client does not answer an appointed phone call for consultation after the first three (3) attempts specified on Clause 3, Section 3.5, there shall be no right for a refund.

3.7 Late attendance

The Providers are obligated to be punctual at Clients appointment. However, as it is proper of the dental profession to attend to unexpected emergencies that need immediate attention, the Provider will have the right to overrun or postpone an appointment with the Client if that kind of emergency arises, the Client will not have to pay any extra amount to re-schedule or for late attendance.

4. Account, password and security.

4.1 Register.

Registration processes require the creation of an account. As a User, you accept

a. to provide real, precise, actual and complete information about you, or about the entity you represent when so is the case, whenever the forms of the Website require it; and
b. to keep and update timely the registration data, in a manner that they keep being truthful, precise, up to date and complete.

In the case of dispute between two (2) or more parties related to the property of one account, you accept that Emerdency will be the only arbitrator for such dispute, and Emerdency’s decision (which may include the cancellation or suspension of any account subject to the dispute) will be decisive and binding to all parties.

4.2 Security.

It is the User’s responsibility to keep as confidential information his/her password and his/her account’s information, and will be the only responsible for any activity done with his/her account. The User accepts to notify Emerdency immediately of any non-authorized use of his/her password and/or account, or any other security infraction.

4.3 Age related restrictions.

With the purpose of providing dental service to under-age persons, parents and guardians are expected to use the services on their behalf and respecting the conditions of use of any Provider that uses the Services of Emerdency, every User should be of legal age (full age) according to the laws of the United Kingdom of Great Britain and Northern Ireland to use the Services. A person under the legal age is not permitted to register as a User of Emerdency.

5. Conduct.

5.1 Certain restrictions.

The User comprehends that he/she is only responsible for all content, in any format, that he/she provides or, in other ways, publishes in the Website or through it, including the one directed to other Users of the Services. The User accepts not to use the Services for purposes different to scheduling an appointment or phone call with a Provider, without mattering if they’re legal or not.

5.2 Certain corrective rights.

The User acknowledges that Emerdency does not pre-select his/her content nor any other User’s content related to the Services, but Emerdency will have the right (yet not the obligation) to supervise, modify, edit or delete the User’s content, totally or partially, if it violates in any way these Terms & Conditions. The user acknowledges and accepts that Emerdency can keep his/her content and his/her account’s information, and even disclose them, whenever the Laws or any governmental authority of any State require it, or to:

a. comply with legal procedures;
b. answer to claims establishing that any part of the content inflict third parties’ rights;
c. apply or administrate these Terms & Conditions; and/or
d. protect the rights, properties and/or personal security of Emerdency, its users and/or the public, including frauds and crime prevention.

The User acknowledges that Emerdency may share his/her personal data with treating dentists.

6. User’s Acceptance

6.1 Binding Agreement.

The User accepts these Terms & Conditions and subscribes a binding agreement with Emerdency when registering to obtain a registered account through buttons that say “Sign Up”, “sign Up Now”, and other. If you are a registered user, you accept these Terms & Conditions, and give your consent for a legally binding agreement with Emerdency when using any of the Services, navigating through them or accessing them. If you are going to use the Services in the name of an entity, you accept these Terms & Conditions in the name of, the said entity and its subsidiaries, and declare that you have the capacity to do so. In, the said case, the references “the Client”, or “the User” will be understood as references to, the said entity.

6.2 Modifications

Emerdency reserves the right to modify or substitute to its exclusive criteria, any content of these Terms & Conditions (or any of the agreements that form an integral part of these Terms & Conditions) in any moment. The modifications to these Terms & Conditions will be published on the Website of Emerdency with the actualization date. The modifications will enter into force immediately, unless they indicate otherwise. It is the responsibility of the User to verify periodically if there has been any modification to the Terms & Conditions. If the User continues using the Services after any modification of these Terms & Conditions entering in force, it will mean that the User accepts, the said modifications. If the User does not accept any modification to these Terms & Conditions, he/she shall stop accessing the Services, navigating through them and/or using them.

6.3 Language

Emerdency may translate these Terms & Conditions, and any other document relevant to the Services, to other languages for comfort reasons. The English version of every document is the one that regulates the use of Services and the Website, and, if there is any conflict between the English version and its translations, the English version will prevail.

7. Validity and resolution

7.1 Validity

These Terms & Conditions will enter into force when the User gives his/her consent as established in clause 3.1 and they will keep until the moment of resolution.

7.2 Resolution by Emerdency.

Emerdency may terminate the contract of Services of any User at any time including but not limited to the following reasons:

a. infraction or breach in these Terms & Conditions by the User,
b. erroneous use or misuse of the Services by the User
c. or if the fact of allowing the Client’s access to the Services and their use may violate any local, state, or national law, normative or rule, or if it may expose Emerdency to legal responsibility of any kind.

Emerdency will do anything within its reasonable possibilities to notify the User of a contract termination for the said motives. Also, the User accepts that Emerdency will not be responsible to the User, or third parties for the contract termination or for the access by any means to the Services.

7.3 Resolution by the User

The User may terminate the Services’ contract through the elimination of his/her registered account on the Website, however, the said elimination will not be allowed until the Client has paid any obligation he/she assumed or acquired because of the Use of the Services.

7.4 Survival of these terms

All the content of these Terms & Conditions, because of their nature, should keep valid after termination of the Services’ contract (including, but not limited to, all limitations of liability, exemptions, indemnity obligations, warranty or guaranty exclusions, arbitration agreements, applicable law and the judicial forum, and the licenses and protections to intellectual property).

8. Legal affairs of the Use of the Services

8.1 Exoneration

The User accepts to defend and exonerate Emerdency, of all damages (whether they are direct, indirect, accidental, emergent or of other kind), losses, liability, costs and expenses (including, but not limited to fees of lawyers and accountants) derived of any claim, lawsuit, appeal (whether they are filed before an arbitrator, court, mediator or any authority), or investigation petitioned by a third party under the following motives:

a. breach of these Terms & Conditions and any other rule applicable to service providence by the User;
b. unlawful or illegal use of the Services by the User;
c. infringement by the User of any local, state, or national law, normative or rule, or of any third parties’ right.

8.2 Guarantee waiver

Emerdency, as an intermediate in the interaction between Clients and Providers, is not obligated nor guarantees the quality of the goods and services supplied by Providers to Clients, and shall not be responsible for any damage that any User may generate to other Users when performing an agreement made between them through the Website. Hereby, the User agrees to fulfil the obligations he/she assumes to other Users through the Website in a diligent and responsible manner, and acknowledges that Emerdency will not be responsible for any situation of breach by the User. In this way, the User exonerates Emerdency of the total damages (whether they are direct, indirect, accidental, consequential or of any other kind), losses, obligations, costs and expenses of any kind or nature, known and unknown, derived of disputes between third parties (including other Users) and the User, or related to them, or to the Services.

8.3 Limitation of Liability

As the law permits, Emerdency will not be liable, under any circumstances or legal precept, contractually or in any other way, in relation to the services or any other object of these Terms & Conditions, for the following reasons:

a. any indirect, accidental, emergent, or punitive damages, including, but not limited to, damages by loss of benefits, goodwill, use, data or any other intangible loss (even when Emerdency is notified of those damages);
b. cost of acquisition of substitutive services;
c. any User’s content or content of any other User of the Services;
d. or any issue that escapes from Emerdency’s reasonable control.

8.4 Trademarks

All trademarks of Emerdency used and showed in relation to the Services are registered or not-registered trademarks of Emerdency. Other names of companies, products and services used in relation to the Services may be trademarks of third parties. The Services’ offered do not imply in any way the concession, license or right to use the trademark shown in relation to the Services, without prior consent by written of Emerdency, which will have to be specific to every use. The use of any trademark as part of a link to a website or from a website is forbidden, unless Emerdency gives its previous consent in writing specifically to every link. All commercial reputation generated from any of Emerdency’s trademarks will have to cause a benefit to Emerdency.

8.5 Notifications

The notifications sent to the User may be sent through e-mail or through ordinary mail to the addresses stored in the Registry’s database. The Services may give notifications about any modification to these Terms & Conditions or about other issues, by showing links or notifications on the Services. If the User wishes to contact Emerdency or send a notification, he/she may do so according to the following information:

In attention to: Dr Mohammad Ali or Dr Irem Aurangzeb
E-mail: info@emerdency.co.uk

8.6 Unity of the agreement

These Terms & Conditions constitute the totality of the agreement between Emerdency and the Client. They rule the use of the Services and replace any proposal, debate or communication prior or validly reached between Emerdency and the Client related to the object contained herein, excluding any other Special Agreement done between Emerdency and the Client.

8.7 Governing law

These Terms & Conditions and the Services’ provided to the User are regulated by the laws of England and Wales, excluding any regulation referring to conflict of law and jurisdiction, understanding that the parties have chosen as applicable law the material laws of England and Wales, as they have agreed to be subject to the jurisdiction of those countries.

8.8 Waiver and non-valid dispositions

The lack of exercise by Emerdency of any right from these Terms & Conditions, or the delay by it in the exercise of those rights, will not constitute a waiver to the said rights. Under no circumstances, verbal waivers, amendments or modifications will be valid. If an arbitrator or a court considers that any disposition of these Terms & Conditions is not valid, the rest of the dispositions will remain safe and, under no circumstances, the spirit of the Agreement and the parties’ intentions shall be modified.

8.9 Titles

The titles of all clauses of these Terms & Conditions are included with practical purposes only, and have no legal or contractual consequence.

8.10 Assignment

Emerdency may assign the rights and obligations acquired from these Terms & Conditions, or from any other agreement related to the Services between Emerdency and the Client, without the Client’s consent or authorization, to any subsidiary of entity, as a corporative transaction or of any other nature. The Client will not be able to assign the rights and obligations acquired from these Terms & Conditions, or from any other agreement related to the Services between Emerdency and the Client, unless he/she counts with a prior, written and signed authorization from Emerdency.

8.11 Relation

These Terms & Conditions do not establish and do not have the purpose to establish any relation similar to the one in partnerships, consortiums, joint ventures, employment, or franchise between Emerdency and the Users.

8.12 Marketing

Emerdency may send marketing emails/telephone/text messages to the Client with consent however it is at the Client’s discretion to opt out at any time from receiving such emails from Emerdency.

Appendix "A"

Services’ Standard and Extra Fees

Appointment with a Dentist: £50.

If an extraction is required the fee is set by Emerdency, this will be taken at the dental practice where you are being seen. The charge for these extractions will be fixed at £40 per tooth.

Telephone Consultation with a Dentist: £15