REFERRAL SOLUTIONS LIMITED
Introduction: Who we are and what these Registration Terms are for.
Registration: How to get started.
You: General information about you and your basic obligations.
Accounts: The types of account that you can register for.
Content: What content you can post to Referral Network.
Complaints: What to do if you aren’t happy and need to contact us.
Liability: Our liability to you.
This Contract: General legal information about our relationship with you, often called ‘the boilerplates’.
Referral Network is a web based dental referral system that allows its professional users to make patient referrals and communicate with one another. Patients are also able to track their referral and review the dental care that they receive. Referral Network takes away the time consuming and often ineffective paper-based referral process by providing its users with a quick, online process and a wide network of registered dental professionals.
A service like Referral Network (which in this document we’ll refer to as “the Service”) requires lots of people to interact with each other (us included) within some kind of framework designed to safeguard everyone's legitimate interests. In essence, that framework is provided by these Registration Terms, (which we will refer to as the “Terms”).
Referral Network is owned and operated by Referral Solutions Limited, a company registered in England and Wales with company registration number 09990707 whose registered office is located at 1 Astley Drive, Whitley Bay, Tyne and Wear, NE26 4AE. When we use words like “we”, “us” and “our” in these Terms, we are referring to Referral Solutions Limited. Likewise, when we use words like “you” and “your”, we are referring to you, whom, we hope, will soon be our registered user. The “Website” is the one hosted at www.referral-network.co.uk.
Patients do not need to register with us to access our Service. However, to be a professional user you do need to register and, to do so, will need to accept these Terms. If you don’t accept these Terms, you will be able to browse through the home page of the Website, but you won’t be able to do anything else. When you complete your registration by accepting these Terms, there will be a legal contract between you and us.
You’ll always be able to find a copy of these Terms on the Website, but you might want to print off a copy for your records. If you do, please bear in mind, however, that the Terms might change in the future, especially since we may add functionality to the Service over time. If we do change the Terms, we will, of course, contact you through the Service to let you know that the Terms have changed. If you continue to use the Service after that, you will do so having accepted the new version of the Terms.
Anybody can access the Website, but in order to use our Service and any other functionality that we provide from time to time you must register as either a dental professional or an account manager, as detailed below. Account managers are often referred to as “practice managers” and vice versa in this document, throughout the website and other Referral Network documentation.
The information that you provide to us during the registration process must be accurate and up-to-date. You can change these details later by accessing your account or by sending us an email to firstname.lastname@example.org.
Regardless of whether you are a dental professional or an account manager, you will need to check the box that is your confirmation that you accept these Terms. If you don’t do that, you won’t be able to register. But if you do check the box and submit your registration to us, please bear in mind that you are entering into a contract with us and that contract is, of course, based on these Terms. Don’t worry, you don’t *have* to do anything in particular. If you register and subsequently decide not to use the Service, there’s nothing you are required to do. We will only charge you if you are using our upgraded account, as detailed under ‘Accounts’. If you wish, you can even have your registration terminated. But since you are entering into a contract with us, it would be sensible to have a good read of these Terms just to make sure you are aware of the position.
To register as a dental professional, you must be fully qualified and practicing in a dental environment. This will include working as a clinical dental technician, dental hygienist, dental therapist, orthodontic therapist, dentist or specialist dentist.
We will need some basic information from you in order to process your registration. This will include your name, a functioning email address, your professional registration number and your registered address. You will then be asked to create a username, password and PIN number. Once this information has been submitted to us we will complete our own confidential checks to ensure that you are a registered dental professional. We will then send an activation code to your registered address, which you can use to log into your account on our Website for the first time. Thereafter, you will be able to login using your chosen username, password and PIN number. You will appreciate that this information and our own confidential checks are necessary to ensure the security of our Service.
Once you have access to the Service you may add any additional information to your profile as you wish. For example, you may create or submit your Curriculum Vitae and add images. All content that you upload shall be subject to the Terms below regarding ‘Content’.
You may register for either a general account or an upgraded account, as detailed below under ‘Accounts’. If you decide to register for our general account, you are not required to have an account manager. If you do decide to appoint an account manager, you may use the settings feature of your account to either appoint yourself or link to a registered account manager. If you decide to register for our upgraded account, you are required to appoint either yourself as an account manager or link to a registered account manager. You can use the settings feature of your account to confirm the appointment or make any changes.
If you have any questions regarding registration or linking to an account manager, please contact us at email@example.com.
To register as an account manager or as mentioned earlier in this document otherwise known as a practice manager, you will need to provide us with some basic information including your name, your business address and a functioning email address. You will then be asked to create a username, password and PIN number. Once registration has been completed, you can use those details to log into your account and access the Service.
If you have any questions regarding registration, please contact us at firstname.lastname@example.org.
Because of the way English law works, children are not capable of entering into contracts. Consequently, our users must be at least 18 years of age and you confirm that you are and that you are capable of entering into binding contracts.
Assuming then that you are over 18, capable of entering into contracts that are legally binding on you, your registration on these Terms gives rise to a contract between you and us that is indeed binding on both you and us and those that may later inherit the benefit of the contracts that we have formed. You may not transfer or sell your rights under this contract to anybody else nor may you use it as security for anything. The nature of running a Service like Referral Network means that we may, for some reason, have to ‘assign’ the contract that we’ve formed with you to another business (for example, as part of a restructure or if we are acquired by another company).
We may terminate your account if, at our discretion, we consider that you have become inactive. Generally this will be where you have not interacted with our Service for a year or so, but it may be less and there may be other factors we take into account.
If you are a dental professional, your registration will either be for our general account or our upgraded account. You may also use the settings feature of your account to change to our upgraded account at any time after registration. If you are an account manager, you will automatically gain access to a management account. These accounts are described below.
General and Upgraded Account
Our general account will allow you to send referrals to other dental professionals, but will not allow you to receive any referrals. You will not be charged to send referrals. Our upgraded account will allow you to both send and receive referrals, and you will be charged for this service. There are two payment methods, with the first you will pay a fee of £5 plus VAT per referral received, with the second you will be charged a monthly fee of £60 plus VAT plus a reduced fee of £2 plus VAT per referral received. Both accounts will allow you to track the progress of a referral, to send and receive communication and to search our network of dental professionals. Patients will also receive email notifications as their referral progresses, and may use the System to track their referral and leave feedback regarding the dental care that they receive.
Referral Network simply provides the framework upon which dental referrals can be sent and received – we will not be held liable if the content of a referral is incorrect, incomplete or false. Likewise, we will not be held liable if a referral is sent to an unsuitable dental professional, or if a referral is viewed, stored, disclosed or destroyed in breach of the Data Protection Act 1998 (or equivalent laws) or your professional obligations of confidentiality. So if, having received a referral, you consider it to be unsuitable for some reason, your query or complaint should be against the referring dental professional or account manager in question, not us. However, if, having made contact, you are unsatisfied with the response you receive, you are welcome to contact us and we will investigate. If we conclude that your complaint is justified, we will take action against the dental professional or account manager in question, which could include suspending or terminating their account.
Monthly fees will be collected by direct debit on the 1st day of each calendar month, until either you cancel your registration or you use your account settings to change to our general account. You will be required to provide your payment details as soon as you register for an upgraded account, and will not have access to the Service until those details have been verified and a direct debit has been set up in either your or your linked account manager’s name. If, for whatever reason, we do not receive payment from you on the due date, your access to your upgraded account will be suspended until we receive the overdue payment in full.
We will invoice you at the end of each calendar month for the referral fees payable. The amount payable will depend upon the type of account that you have registered for and the number of referrals that you have received and accepted in that calendar month. You agree to pay the referral fees by credit or debit card within 31 days of receipt of our invoice. You understand that referrals will not be viewable until payment has been received in full for the previous month. It may be that you are able to store your payment details to your account, which will speed up the referral process. If so, we will not be liable if your account details are lost or stolen or otherwise accessed unlawfully. In the unlikely event that this happens, you should take up your claim against your bank and we will, of course, assist by providing whatever evidence you require about the use of your account.
If we receive a chargeback on a payment, we will claim those charges from you alongside any administration fees that we incur in dealing with that matter.
As an account manager, you will be able to accept links requests from registered dental professionals. You can accept as many link requests as you wish. The Service will then allow you to manage those accounts by checking the progress of referrals, creating and viewing correspondence and searching our network of dental professionals. However, given the nature of dental services, this is a limited management role. You understand that it remains the dental professional’s sole responsibility to check and approve any correspondence that is created or received, before any further action is taken using the Service.
There are no fees payable for the use of a management account. You will only have to make payments to us if a linked dental professional has nominated you to pay their monthly fees and/or referral fees, as described above in ‘General and Upgraded Accounts’. After accepting that nomination you will be required to provide payment in accordance with those Terms.
As a dental referral service, Referral Solutions is what its users make it. That said, there are core purposes for it (as outlined above) that encompass everything that we and our users do with it.
You agree that you are solely responsible and liable for all activities carried out through your use of the Service and that you will not, under any circumstances, use your registration for actions that do not fall within those core purposes.
You may use your registration to contact us, dental professionals and account managers directly. You agree not to “troll” anybody for the distribution of unsolicited and unwanted communications (whether commercial or otherwise), which you might know as “spam”. If you use your registration to troll or to distribute spam, we’ll terminate your registration immediately.
You further promise that any content you upload (such as referrals, correspondence and your professional information) will not be misleading, offensive, obscene, abusive, libellous, false, deliberately misleading, or otherwise illegal or unlawful. For short, let’s call this “Unlawful Content”. If you do upload Unlawful Content, we reserve the right to remove it immediately from our Service. If we remove it we may let you know that we have done this but we reserve the right not to, should we consider the content to be an intentional breach of these Terms. We may allow you to explain why you have uploaded the Unlawful Content but if your explanation is unconvincing or you take an unreasonably long time to respond, we may, at our discretion, terminate your registration.
As we have detailed under ‘Registration’, we do carry out our own confidential checks to ensure that all dental professionals using our Service are registered with the General Dental Council. However, we will not held liable in relation to any Unlawful Content posted by our users. We advise all users to undertake their own checks before making a referral to a dental professional using our Service.
You may have heard of the term “intellectual property”. Intellectual property is the term used to describe things that can be owned but which are not physical in nature. The owner of intellectual property doesn’t own something that is tangible but instead has the right to control how that intangible thing is used, hence the term “intellectual property rights”. Trade marks, patents and copyright are well-known and commonplace forms of intellectual property, but there are lots more besides. And if you use somebody else’s intellectual property rights without their permission (which is often referred to as a “licence”), you’ve “infringed” their rights.
Should you upload content to the Website, you confirm that either you own the intellectual property rights in that content or, if those rights belong to someone else, that you have their permission to upload it to the Website. You also confirm that you will not upload content that infringes the rights of others, whether or not they are users of the Website. We do not claim ownership of any content that you upload on the Website.
Where you upload content that infringes the intellectual property rights of somebody else, we may delete that content immediately. We will contact you to let you know that we’ve done this (unless we are required not to by law) and you can contact us to explain what’s happened or, perhaps, complain about what’s happened (if you believe you had the right to use that content or that you believe you actually own it).
If you breach the terms relating to your content either by uploading Unlawful Content or by uploading content that infringes the intellectual property rights of others, there is a good chance that we are going to have to devote resources to dealing with the problem. This may involve spending real cash on lawyers, investigators and the like. Consequently, where this happens you agree to fully compensate us, pound for pound, on demand for any and all such losses, whether in the form of direct expenses or for our loss of time or for other things that are readily quantifiable. In legalese, you ‘indemnify us’ and ‘ will hold us harmless’. Where we suffer other losses that are harder to quantify, we reserve the right to pursue you for the recovery of these. Our right to take action to recover such losses or to insist on this indemnity will survive the termination of your registration (which would otherwise terminate our contract with you).
One final thing on the subject of intellectual property rights. Just as you may own the content that you upload, we own the framework and content that makes up the Service. That includes all the ‘copy’, the code, the look and feel, the trade marks and the graphics. You can use all of that in making use of your registration in accordance with these Terms, but absolutely no more than that. Even the copyright in these Terms and the other legal documentation you see on the website is owned by our lawyers and licensed to us for this purpose. Were you to use their things without asking, they would be most unimpressed. So please don’t try to use any of the intellectual property that we provide for purposes that are not intended or envisaged by these Terms.
If you come across any evidence to suggest that somebody using the Service is in breach of these Terms, it would be a terrific help if you would let us know so that we can take action to stop them. Again, please feel free to contact us at email@example.com.
At any given time, we reckon we have a pretty good idea as to how well the functionality we’ve provided is working. We’re working on new features all the time and occasionally, we may want to replace older features with new, better ones. It is inevitable that from time to time we will provide features or functionality that seemed like a really good idea at the time but which, for whatever reason, don’t really catch on with our users. So when this happens, we reserve the right under these Terms to add or remove functionality and features. We will do our best to give you some advance notice of this but from time to time, this might not be possible. For example, if something breaks and it is complicated to fix and not sufficiently popular to warrant dropping everything to fix, we may decide to withdraw it immediately. That withdrawal may be temporary or it may be that we withdraw it permanently, and we have the right to decide what’s best in the circumstances.
Nothing in these Terms is intended to undermine your protection either in England or wherever you happen to be when you access the Service. In English law, it would be unlawful for us to attempt to exclude or limit liability for personal injury or death arising from our negligence or for any loss you suffer as a result of our fraud or for any statement we make fraudulently intending you to rely on it in entering into this contract with us.
Bearing in mind always the exceptions we have mentioned in the previous paragraph, there are certain types of liability that we are permitted by law to limit or exclude and, accordingly, WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSE (INCLUDING LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL) THAT YOU MIGHT SUFFER AS A RESULT OF USING THE WEBSITE, HOWEVER THAT LOSS DAMAGE OR EXPENSE MIGHT ARISE. In case you’re wondering, that bit has to be in capitals in order to comply with the laws of certain jurisdictions, including certain states in the USA.
In addition, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR FOR THE DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL. This might include a failure of an internet service provider to deliver notifications or emails to you, for instance.
If we happen to make a statement that turns out to be untrue (whether orally or in writing) prior to your registration, then, unless that statement was made fraudulently by us, we will only be liable to you should that untrue statement result in us breaching these Terms. If it does not, the untrue statement has no impact on our relationship with you save insofar as it may impact on your legal rights as a consumer.
These limitations and exclusions of liability will survive the termination of your registration (which, in turn, would terminate our contract with you).
In making sure that our users are satisfied that the Website is working efficiently, we may review the data being transmitted by you to us. This does NOT mean, however, that we are under any duty to do this and we do not and will not assume any responsibility for this. Nevertheless, as we have indicated above, we may remove content uploaded by you if that content contravenes these Terms or you are in breach of these Terms.
You also need to be aware that viruses can be transmitted via websites, not just email. So if you want to make sure that your systems are safe from infection, you should run suitable security software because WE HEREBY EXCLUDE LIABILITY FOR ANY VIRUS INFECTION OR OTHER HARM CAUSED TO YOUR SYSTEMS THROUGH YOUR USE OF THE WEBSITE OR WHEN FOLLOWING ANY LINKS TO WEBSITES RUN BY OTHER PEOPLE.
There may come occasions where we choose not to insist on your total compliance with your obligations under these Terms or that, where you’ve breached the Terms, that we don’t make use of our rights to take action against you. This does NOT mean, however, that we are waiving those rights. We can take action against you later if we so choose, and at any time during the lifetime of your registration (or indeed, where necessary, at any time after the termination of your registration), we can return to the issue and insist upon your compliance.
If, for some reason, you need to communicate with us for contractual purposes, you can do this by email addressed to firstname.lastname@example.org but if you really feel the need, you can send us a letter by post, sent to our registered address (see ‘Introduction’ above).
Information that we send to you or you send to us for contractual reasons we’ll call “Notices” for the purposes of these terms. There may be times when we all need to know when such a Notice was received. To make things easy, those Notices will be deemed to be received as follows. A Notice sent by us to you via a notification sent to your account via the website or an email sent by you to us or us to you, will be regarded as having been received the day AFTER it is sent, just to give everyone a reasonable chance to pick it up. If a Notice is sent in either direction by letter (probably from you to us, since we won’t know, nor will we necessarily want to know, your residential address), that Notice will be regarded as having been received (assuming that it was properly stamped and sent by first class mail) three days AFTER the day on which it was sent, or in the case of a letter sent from overseas by airmail, ten days AFTER the day on which it was sent.
It might just be that at some point in the future, a court or some other authority has cause to review these Terms and in so doing, rules that some or other part of them is invalid, unlawful or unenforceable. Obviously, that could cause a bit of a problem, certainly for us and possibly also for you. So, in the very unlikely event that something like that happens, there will be two consequences. First, everybody accepts that the rest of the Terms will remain in place between us and that the contract will survive intact with the problematic element removed. Second, the authority or court taking action may compose a replacement for the stricken terms that do as good a job as reasonably possible as the job previously done by the terms removed or, where the authority or court taking action declines to do so, you agree that we may replace those terms ourselves with something else that complies with the ruling.
In England, there is a law that gives third parties (that is, people who are not ‘party’ to a contract) certain rights to enforce terms that are intended to benefit them. This is called the Contracts (Rights of Third Parties) Act 1999. We can’t think of a situation where this might come into play, but just to be clear, any right of a third party to take action under that law is excluded. There may be other situations where third parties can take action and where we are not permitted to exclude that possibility, such third party rights remain, so you might want to bear that in mind.
This concludes these Terms and as soon as you check the ‘accept Terms’ box and submit your registration to us, you will have a binding contract with us. All that is left for us to say is that your contract with us is subject to and governed by English law. Any dispute that arises from our relationship with you or your use of our Service or the Website will be subject to the exclusive jurisdiction of the courts of England and Wales.