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Terms of Use

WEBSITE TERMS OF USE ("Terms of Use") Version [1.0]
www.dentistsnearby.com
Last Updated: April 2014

1. Introduction
Welcome to our website for finding dental clinics in Malaysia . It gives you the opportunity to search for, find and contact dental services provided by healthcare providers locally in Malaysia . dentistsnearby.com and the facilities, services and materials available thereon (the "Website") is owned and operated by personally as ("www.dentistsnearby.com")

2. Important Notice
dentistsnearby.com is not involved in the provision of any healthcare or Medical/Dental advice or diagnosis. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional dental/medical advice. The website is an information service that displays information on dental clinics that has been gathered from the dental clinics or the internet. We do not screen or validate any content posted by dental clinics, nor do we endorse any particular dental clinic. If you decide to engage a dental care provider to provide dental services to you, you do so at your own risk. You should be aware that the results of any search you perform on Dentistsnearby.com for dentists should not be construed as endorsement by dentistsnearby.com of any particular Healthcare Provider or constituting any comparative ranking of Healthcare Providers.

3. Services We Do Not Provide
dentistsnearby.com is not a Medical/Dental referral service and does not endorse, recommend, or approve any dental care Provider listed in the Website. We are not Medical/dental professionals nor do we hold ourselves out to be medical/dental professionals and will not discuss or advise on any issues relating to dental treatment with Clients or Healthcare Providers.
dentistsnearby.com is not involved in any transaction between you and Healthcare Providers who use this Website. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of Healthcare Providers to fulfil their obligations in any transactions.
As we cannot control the information provided by dentists or information sourced by dentistsnearby.com from the Internet that is made available through this Website, dentistsnearby.com does not guarantee or endorse the authenticity, quality, safety or legality of any Healthcare Provider or the services provided or purported to be provided by the Healthcare Providers, the accuracy of any listings or Healthcare Provider data we may provide to you, or the ability of Healthcare Providers to complete a transaction.

4. Services We Do Provide
dentistsnearby.com is a Website directory for individuals seeking to access dental services ("Clients," "Your" or "You") and Healthcare Providers situated in Malaysia, be they individual medical/dental practitioners, hospitals, clinics, travel agencies (together the "Healthcare Providers") who want to provide Medical/Dental services. dentistsnearby.com facilitates introductions between Clients and Healthcare Providers through the Website. For the purpose of these Terms of Use, "Medical/Dental Services" means the Medical/Dental service or services that the Healthcare Provider is legally permitted to provide to a Client.
dentistsnearby.com gathers information from various Healthcare Providers about their facilities and services as well as from a large number of publicly available websites. You can access this information via our Website. This information should assist you in making a decision on choosing your preferred Healthcare provider by conducting your own research into such Healthcare Providers. A "Verified" clinic simply means we have checked the information of the clinic either by the clinic's own input by submitting a form through the website or being there physically by our staff. Dentistsnearby.com shall be held liable for any disparity between the actual information of the clinic and on Dentistsnearby.com.

5. Use of website
You agree not to use this Website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use including but not limited to:
Any commercial purpose including but not limited to creating, checking, confirming, updating or amending your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;
Any purpose that is fraudulent, unlawful or prohibited by these Terms of Use;
Copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Website, or otherwise using such content of the Website for resale, redistribution or for any other commercial use whatsoever including but not limited to any other website, surveys, contests or pyramid schemes.
Accessing or using the Website in and from jurisdictions which restricts or prohibits same by local law;
Accessing or using the Website in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Website or interfere with any other party's use and/or enjoyment of the Website;
Posting or transmitting, whether on a bulletin board, forum or otherwise, to or from the Website any unlawful, harassing, threatening, libellous, defamatory, tortious, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
Transmitting material which may cause harm to dentistsnearby.com or any other party's computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer's functionality or the operation of the Website;
Harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
Accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; or impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
Attempting to gain unauthorised access to the Website, or any computer systems or networks connected to any dentistsnearby.com website, through hacking, password miming or any other means; or
Harvesting or otherwise collecting by any means any programme material or information (including without limitation email address or details of other users) from the Website or monitoring, mirroring or copying any content of the Website without the prior written consent of dentistsnearby.com.
The pages contained in this Website may contain technical inaccuracies and typographical errors. The information on this Website may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date, nor any liability for any failure to do so.
dentistsnearby.com reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to removal of your postings and content from this Website, and restricting your ability to access this Website and use the Website Services.

6. Disclaimers
This clause limits dentistsnearby.com legal liability to you for your access to and use of the Website. You should read this clause carefully. You acknowledge that you have agreed to these Terms of Use relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
The website is available to all users "as is" and, to the greatest extent permitted by applicable law, the website is made available without any representations or warranties of any kind, either express or implied. dentistsnearby.com makes no representations, warranties or undertakings about the services or materials available on the website, including without limitation, their merchantability, quality or fitness for a particular purpose. All information provided on the website is intended as a guide only and should not be construed as a substitute for professional Medical/Dental advice and dentistsnearby.com makes no representations, warranties or undertakings as to the accuracy of any information provided on this website. dentistsnearby.com makes no representations, warranties or undertakings that the website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements. To the maximum extent permitted by applicable law, dentistsnearby.com accepts no liability for any infection by computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of dentistsnearby.com, which corrupts or affects the administration, security, fairness and the integrity or proper conduct of any aspect of the Website. All use by you of the Website is at your own risk. You assume complete responsibility for, and all risk of loss resulting from, your downloading or using of, or referring to or relying on the facilities, services, materials or products provided on the Website, or any other information obtained from your use of the Website. You agree that, to the maximum extent permitted by applicable law, dentistsnearby.com and providers of telecommunications and network services to dentistsnearby.com will not be liable for damages arising out of your use or your inability to use the Website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds. No advice or information, whether oral or written, obtained by you from dentistsnearby.com shall be deemed to alter this disclaimer of warranty, or to create any warranty.
To the fullest extent permitted by applicable law, dentistsnearby.com assumes no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service of the Healthcare Professional or any doctor or any other person associated with the Healthcare Provider that is used by, for or on behalf of, you. dentistsnearby.com is not liable for the acts, errors, omissions, representations, warranties, breaches or negligences of any Healthcare Provider or any doctor or any other persons associated with the Healthcare Provider or for losses, damages or expenses resulting therefrom.

7. Limitation of Liability
To the fullest extent permitted by applicable law, neither dentistsnearby.com nor any of its officers, directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the website services offered or transactions entered into through or from this Website, including, for the avoidance of doubt, your transactions with healthcare providers or Medical/Dental services facilitated through this website, including, but not limited to, direct, indirect or consequential losses or damages, loss of data, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, even if dentistsnearby.com has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.
In no event shall dentistsnearby.com nor any of its officers, directors, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any Healthcare Provider or third party or the interruption, suspension or termination of the website services, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
Without limiting the foregoing, under no circumstances shall dentistsnearby.com nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the website or the website services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
dentistsnearby.com does not exclude liability for death or personal injury, caused by its negligence or that of its employees or authorised representatives, or for fraud.

8. Indemnity
You agree to defend, indemnify and keep indemnified and hold dentistsnearby.com and, as applicable, its officers, directors, employees, affiliates or other representatives, harmless against any and all claims, proceedings, actions, costs, including legal costs, charges, expenses, damages, liabilities, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with Healthcare Providers, contacting others as a result of their postings on this Website, infringing any third party's intellectual property or other rights, or otherwise arising out of your breach or any breach of these terms of use.

9. Links to Third Party Websites
This Website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this Website is at your own risk. dentistsnearby.com is not responsible for, nor liable for, the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. dentistsnearby.com reserves the right to terminate a link to a third party website at any time. The fact that dentistsnearby.com provides a link to a third party website does not mean that dentistsnearby.com endorses, authorises or sponsors that website, nor does it mean that dentistsnearby.com is affiliated with the third party websites, owners or sponsors. dentistsnearby.com provides these links merely as a convenience for those who use this Website.

10. Availability
Although dentistsnearby.com tries to make sure that the Website is available at all times, there may be occasions when access to the Website may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that dentistsnearby.com shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
You have sole responsibility for adequate protection and back-up of any content and data you submit to the Website and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

11. Changes in These Terms of Use
dentistsnearby.com may modify or terminate any services offered through this website from time to time, for any reason and without notice, and without liability to you, any other client or any third party. dentistsnearby.com reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Website, including these terms of use at its sole discretion from time to time. You should check these terms of use for any changes each time you access this Website. Your continued use of the Website and/or clicking on the "I accept" button will signify your acceptance of revised terms of use.

12. Jurisdiction and Governing Law
This Website is controlled and operated by dentistsnearby.com from Malaysia. dentistsnearby.com does not make any representation that the facilities, services, including the website service, and/or materials offered through this Website are appropriate or suitable for use in countries other than Malaysia, or that they comply with any legal or regulatory requirements in any other countries. In accessing this Website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Website, facilities, services, including the website service, and/or materials offered through this Website or any part of them available in your country, or to you, whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or materials offered through this website or any part of them are not directed at you.
These terms of use shall be governed by and construed in accordance with the laws of Malaysia and you hereby agree, for the benefit of dentistsnearby.com, and without prejudice to the right of dentistsnearby.com to take proceedings in relation to these terms of use before any court of competent jurisdiction and that courts of Malaysia shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these terms of use, and for such purposes you irrevocably submit to the jurisdiction of such courts.
The language of any dispute resolution procedure or any proceedings under these terms of use will be english.

13. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 16, as the Website is not intended for children under 16.

14. Miscellaneous
Any waiver of any provision of these terms of use must be in writing and signed by dentistsnearby.com to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Each of the provisions of these terms of use is separate and severable and enforceable accordingly. If, at any time, any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and dentistsnearby.com, nor shall either party be deemed to be the agent of the other party. These terms of use represent the entire understanding and agreement between you and dentistsnearby.com relating to use of this website, its facilities and/or services, including the website service, and supersede any and all prior statements, understandings and agreements.

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