The Dentist on Main Terms of Service
IMPORTANT – READ CAREFULLY: These “Terms of Service” (sometimes referred to as this “Agreement”) constitutes a legal agreement between you and Dr M.R. Kalan, South African sole proprietor, (“The Dentist on Main,” “we,” or “us”). You are a customer (“Member”) (or will become a Member if you agree to our Terms of Service). The “Term” is the time during which you are entitled to use www.dentistonmain.co.za (the “Website”).
|Acceptance of TermsIf an individual purports, and has the legal authority, to sign these Terms of Service electronically on behalf of an employer or client, “you” refers to the employer or client. If not, “you” refers to the individual signing hereon. You are responsible for assuring that all the terms and conditions of this Agreement are complied with. By clicking any button on www.denistonmain.co.za, you will be agreeing to the terms of this Agreement. Furthermore, by clicking any button, after typing in your username, or other indication of your identity, you do confirm to us that typing in such indication of identity constitutes your “signing” of this Agreement for all purposes under applicable law. Any individual clicking the button on behalf of another individual or entity, listed as the Member above, does hereby represent and warrant that such agreement is being made with full authority.||Basically,By using dentistonmain.co.za you agree to all the terms below.|
|Description of service(Applies to All Members and Users of www.denistonmain.co.za)Who We Are : ” The Dentist on Main ” is a trade name and registered service mark of Dr M.R. Kalan, a South African sole proprietor who owns and operates the website with the URL: http://www.dentistonmain.com(the “Website”).
Purpose : The purpose of these Terms of Service (this “Agreement”) is to set forth the terms and conditions under which you are permitted to use the website, distribution and management system, and dental information (the “Services”), and any user created content, including but not limited to any related emails or correspondence or posts created using the Services, are referred to herein as a “Content.”
Changes : We reserve the right to amend any of the terms of this Agreement by posting the revised Terms of Service on our Website and/or by sending an email to the last email address you have given to us. Unless the Term is terminated within ten (10) days, this new Agreement will be effective immediately with respect to any continued or new use of the Services.
|Basically,We provide dental services.
We plan to improve our dental offering and website in the future.
|RegistrationAs a condition to using our Services, you are required to open an account with The Dentist on Main and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your use.You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your dentistonmain.co.za account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display photographs and images containing nudity and violence that may be offensive to some.
The Dentist on Main reserves the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
|Basically,Use dentistonmain.co.za without violating other people’s rights.|
|Legal ConsequencesWarning: Under Section “10” of these Terms of Service, if you engage in certain conduct, such as violating laws that regulate the creation of your content for people to view, try to take advantage of us in violation of our Terms of Service by taking such actions as using our servers to host images for your website.||Basically,Don’t use our site to post anything other than the content you have created.|
|Termination of ServiceEither party may terminate the Term of this Agreement at any time for any reason by providing Notice to the other party. We may suspend our Services to you at any time with or without cause. We will refund a pro rata portion of your monthly prepayment if we terminate you without cause. We will not refund and/or reimburse you in such manner, if there is cause, such as your using our website to create content for people with whom your relationship does not meet the requirements of our user description. Once terminated, we may remove any of your created content and related data and files from our Website and any other storage.
Additionally, if you do not log in to your account for 12 or more months, we may deem your account “inactive” and permanently delete your account and all data associated with it.
|Basically,You may terminate your account at any time.|
|OwnershipProprietary Rights Owned by Us : You acknowledge that we, or our suppliers, own all proprietary rights in the Website and the software used to provide the Services, including, but not limited to, any patents, trademarks, service marks and copyrights.Proprietary Rights Owned by You : You represent and warrant to us that you will not add or upload any content to the Website to create content, or for any other purpose unless you are the owner of all proprietary rights in that content (or have been given a valid license from the owner of the proprietary rights in such content) and have obtained releases for all related privacy and publicity rights.
|Basically,We own our brand, our website and our software.You may only upload content you own, or that you have permission to upload.|
|User ConductYou agree to the following:You will not incorporate into your created Content any text, photos, graphics or other content that is not created by you, not provided by us for you to incorporate into your content or you are not otherwise permitted to use.
You will not post on the Website, including in any content created or sent using our Services, any misleading or incorrect name, address, email address, subject line or any other misleading or incorrect information.
You will not publish any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
You will not share your password.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used or downloaded from the Website.
You will not include in any created content any material, including, but not limited to, text and graphics, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
You will not set up multiple accounts for any individual, organization or entity or in order to send substantially similar content unless you are part of a franchise.
You will not import or incorporate into any lists, emails or uploads to our servers any of the following information: Social Security Numbers, Identity Numbers, passwords, security credentials, or sensitive personal information of any kind.
You will not send transactional messages of any kind through dentistonmain.co.za.
|Basically,You cannot use our site to post pornographic material, harass people or send SPAM.If you are reasonable and responsible, you will be fine.|
|Anti-SPAM Agreement and Abuse Related Rules
You agree to the following:Definition of SPAM: The definition of Spam has been adopted the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:The word “Spam” as applied to user created content means Unsolicited Bulk Email (“UBE”).It is a concern to us if you use www.dentistonmain.co.za to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to be blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.Requirements: You agree that you will use:
Prohibited Content and Industries
Don’t use dentistonmain.co.za to send anything offensive, or to promote anything illegal, or to harass anyone. You may not send:
There are certain industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. Because we promise the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:
|Basically,Again, don’t use our service to send SPAM!|
|Payment AgreementsFees, Refunds, Account Suspensions, Etc.You agree:
The Dentist on Main reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
|Basically,We may change our fee structure at any time (although highly unlikely).We reserve the right to terminate your account if you violate any of the Terms of Service agreement.|
|Reporting Abuse and ViolationsIt’s in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here’s what we do:We take abuse reports seriously at The Dentist on Main. If you’ve received spam that you think came from a Dentist on Main user, we want to hear about it. Please report the fact that you received spam from what appears to be a Dentist on Main user to us at firstname.lastname@example.org
If you become aware that any other person is violating any of the terms and conditions of this Website, please notify us immediately. If you believe that any person has posted material in violation of any copyrights that you may have, you may notify us: email@example.com.
|Basically,We would LOVE for you to tell us if you see any SPAM, violation of service.|
|No Warranties:To the maximum extent permitted by law, the material on this website and the services (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) are provided as is, without warranties of any kind, either express or implied, including but not limited to, warranties of merchantability and fitness for a particular purpose.||Basically,Our website’s material is provided as is, and without any warranties.|
|Limitation of Liability:To the maximum extent permitted by law, you assume full responsibility and risk of loss resulting from your use of the website and the services including any downloads from the website. Under no circumstances shall we or any of our employees or representatives be liable for any indirect, punitive, special or consequential damages even if we or any of our employees or representatives have been advised of the possibility of such damages. Our total liability in any event is limited to the amount, if any, actually paid by you for use of the website and the Services for the one month period ending on the date a claim is made and you hereby release us and our employees and representatives from any and all obligations, liabilities and claims in excess of this limitation.||Basically,You are held fully responsible for your usage of our service.|
|Indemnity:You agree to indemnify and hold The Dentist on Main, and our directors, officers, employees and representatives, harmless from any and all losses (including, but not limited to, attorney fees) resulting from any claims not permitted under this Agreement due to a “Limitation of Liability” or other provision, that you assert, or may assert, based on or relating to your use, or the use of any individual using your password, of this Website or the Services. You further agree to indemnify and hold us, and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including, but not limited to, attorney fees, that result in whole or in part from allegations of conduct by you that, if true, would constitute a violation by you, or any individual using your password, of any of the terms of this Agreement.||Basically,You will not hold The Dentist on Main’s employees responsible for any loss or damages caused by the use of our service, as outline in this agreement.|
Disclaimers : We disclaim and are not responsible for the behavior of any advertisers, linked websites or other users.
Assignments : You may not assign any of your rights hereunder. We may assign all rights to any other individual or entity at our discretion.
Compliance With Law : In using the Services, you agree that you will comply with all applicable laws, irrespective of country of origin and ubiquity.
|Basically,The Dentist on Main is a proudly South African entity, and operates under South African law.You will be “judged” by the laws governing your state or country, as and such are expected to respect your authorities.
The Dentist on Main does not take responsibility for your behavior.
|Warranty of Compliance– for EU, Iceland, Norway and Liechtenstein(Applies to All Members to the extent they use The Dentist on Main for content made specifically viewable by Residents of the European Economic Area (“EEA”) Which Is Composed of the Members of the European Union (“EU”) Together with Iceland, Norway and Liechtenstein)
You represent and warrant that in creating your content, and embedding it via the Services and collecting information as a result of individuals visiting your website or otherwise, with respect to your customers and potential customers who reside in the EEA, you:
|Basically,If you are in the EU, including Iceland, Norway and Liechtenstein:You will only collect user data according to the Data Protection Act, and the regulations relating to the European Union Privacy and Electronic Communications Directive (EUPECD).
1) You may only collect users data if you have their permission to do so.
2) You need to let them know how you intend to use their data
3) You indemnify The Dentist on Main for any losses or damaged caused by breach of the EUPECD.
|Performance NoticeForce Majeure :
We shall not be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, then current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or overloading or slow downs over the internet or any third party internet service providers.
|Basically,Things can happen that are beyond our control.We are not always responsible for these things.
Please be patient while we do our best to try address these issues.
|More about this agreement:o Survivability : The ownership and proprietary rights provisions set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.o Severability : The unenforceability or invalidity of any term, provision, section or subsection of this Agreement shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this Agreement, but such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.
o Interpretation : The fact of authorship by or at the behest of a party shall not affect the construction or interpretation of this Agreement.
o Amendments : No amendment or other change of this Agreement shall be effective except as either expressly permitted under these Terms of Service or agreed to in writing between the parties. Notwithstanding the foregoing, additional terms may be required for certain features of the Service (the “Additional Terms.”) The Additional Terms shall be considered incorporated into this Agreement at the time the feature is activated by you. Where there is a conflict between these Terms and the Additional Terms the Additional Terms shall control.
o Further Actions : You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of this Agreement.
o Amendments : No amendment or other change of this Agreement shall be effective unless and until the revised Agreement is posted by us on the Website.
o Notices : Any notice to you will be effective when sent to the last email or physical address you have given us or posted on our Website. Any notice to us will be effective when delivered to us at firstname.lastname@example.org or such replacement addresses as we may later provide on the Website.
o No Changes in Agreement at Request of Member : Because of our large membership base, we cannot, as a practical matter, change this Agreement for any one Member or group of Members.
|Basically,This agreement remains valid for the entire duration of our relationship with you.Please interpret the agreement in its simplest, worded form and meaning.
You may not change anything about this agreement.
We will collect your information, and hold it safe and secure in our cloud.