Effective Date: 1 March 2014
Date Accepted: 10 July 2020
The Dental Community welcomes you. Main Street Publishing Pty Ltd ABN 74 065 490 655 is the operator of the website, dentalcommunity.com.au ("The Dental Community"). By accessing or using The Dental Community, you agree to be bound by and accept the following terms and conditions ("Terms and Conditions"):
1. DESCRIPTION OF SERVICE
The Dental Community is an information portal that provides users with access to information, offers and services that are created by the operator of The Dental Community, users of the The Dental Community and by third parties.
2. USER REPRESENTATIONS
You represent and warrant that: (i) you are at least 18 years of age; (ii) that you are a registered dental practitioner in accordance with the details you have acknowledged and/or provided as pertaining to yourself or that you have been granted access credentials legitimately based on a direct association with the dental community/industry and (iii) you will use The Dental Community in accordance with these Terms and Conditions.
The Dental Community reserves the right to modify these Terms and Conditions from time to time. Such modifications will be effective immediately upon publication in The Dental Community. When the Terms and Conditions are modified, you will be notified the next time you login to The Dental Community. Continued use of The Dental Community will require you to agree to abide by the latest set of Terms and Conditions.
4. RESTRICTIONS ON USE
You agree to use The Dental Community solely for your own use. Further, you agree not to (a) interrupt or attempt to interrupt the operation of The Dental Community in any way, or use The Dental Community in a manner that adversely affects the availability of its resources to other users; (b) use The Dental Community for any illegal purpose or in any manner that is inconsistent with these Terms and Conditions; or (c) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from or offer for sale any information contained on, or obtained from, The Dental Community or any other communications received from the Dental Community. Any fraudulent, illegal or unauthorised use of The Dental Community shall constitute a breach of these Terms and Conditions. You agree that the Dental Community may refer any suspected fraudulent or illegal activity to relevant law enforcement authorities.
5. REGISTRATION AND ACCOUNTS
5.1 Access to The Dental Community is by invitation only and requires the user to setup and maintain an account. All accounts must be linked to a valid email address and by accepting these Terms and Conditions, the user agrees to receive Emails from The Dental Community. You can access and change your Account information at any time, including your email address and password. You agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. The Dental Community reserves the right to refuse access to or terminate your Account at any time if: (a) you breach these Terms and Conditions; (b) The Dental Community considers such action necessary to comply with any requirements of the law; or (c) you have opened, or are attempting to open, an Account in a fraudulent or illegal manner. If The Dental Community terminates your Account, you will be prevented from accessing The Dental Community, your Account details and other content contained in your Account. If The Dental Community ceases access to or terminates your Account in accordance with this clause, The Dental Community will not be liable for any loss or damage suffered by you or any third party for doing so.
5.2 You agree to: (a) maintain all equipment required for your access to and use of The Dental Community; (b) maintain the security of your user identification, password and other confidential information relating to your Account; (c) be responsible for all consequences resulting from use of your Account, use of your Account by others (including minors) or unauthorised use; (d) notify The Dental Community immediately if you become aware of any unauthorised use of your Account; and (e) that each username and password must be used by a single user and are not transferable. For any concerns or problems relating to your Account, please contact our Customer Support.
7. RESPONSIBILITY FOR THIRD PARTY OFFERS
7.1 You acknowledge that The Dental Community contains offers from third parties and that these offers are created, offered and supplied by the Third Party Advertisers, not The Dental Community. If you click on a Third Party Offer to view or purchase the Third Party Offer, you will be redirected to the Third Party Advertiser's website and you will transact directly with the Third Party Advertiser. The Third Party Advertiser is solely responsible for any Third Party Offer that you purchase, ensuring delivery and fulfillment, providing the underlying product or service and responding to your complaints or enquiries.
7.2 The Dental Community does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any Third Party Offer or any products, services, content, material, statement or representation contained in any Third Party Offer, including but not limited to information relating to pricing, the description of the product or service, availability of the Third Party Offer or its fitness for purpose. The Dental Community recommends that you review the relevant details of the Third Party Offer on the Third Party Advertiser's website before making a purchase.
7.3 The display of a Third Party Offer on The Dental Community or in an Email does not constitute or imply The Dental Community's endorsement, sponsorship or recommendation of the Third Party Advertiser, the Third Party Offer or the quality of any product or service that is the subject of the Third Party Offer. The Dental Community reserves the right to remove any Third Party Offer from The Dental Community at any time for any reason.
7.4 The Dental Community is not responsible for the content, functionality or technological safety of any website operated by a Third Party Advertiser. The Dental Community reserves the right to disable links to or from any Third Party Advertiser website to our Site, although we are under no obligation to do so. The Dental Community is not responsible for the accuracy, relevancy, legality, or decency of any content or material contained on any Third Party Advertiser website.
7.5 Your participation in any Third Party Offer, including payment and delivery of related goods or services, and any terms, conditions and warranties or representations associated with such Third Party Offers, are solely between you and the Third Party Advertiser. You assume all risks arising out of or resulting from your transaction with a Third Party Advertiser, and you agree that The Dental Community is not responsible or liable for any loss, damage or expense suffered by you as a result of a Third Party Offer.
8. DISCLAIMER OF WARRANTIES
8.1 You expressly understand and agree that, to the maximum extent permitted by law: (a) your use of The Dental Community is at your sole risk. The Dental Community is provided on an "as is" and "as available" basis; (b) The Dental Community and its related entities, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) The Dental Community will meet your requirements; (ii) The Dental Community will be uninterrupted, timely, secure or error-free; (iii) the information that may be obtained from The Dental Community will be accurate or reliable; and (iv) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of The Dental Community is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and (d) subject to the application of any consumer guarantees to a supply of goods or services by The Dental Community to you, no advice or information, whether oral or written, obtained by you from The Dental Community or through or from The Dental Community shall create any warranty not expressly stated in the Terms and Conditions.
9. LIMITATION OF LIABILITY
9.1 Subject to any statutory consumer guarantees that apply under Australian Consumer Law, The Dental Community does not give any guarantee or warranties or make any representation of any kind, whether express or implied, in relation to any Third Party Offers including the products or services the subject of the Third Party Offer, any Third Party Advertiser or your use of The Dental Community. Subject to any applicable claims under the Australian Consumer Law, The Dental Community, its related entities, affiliates and associated agencies are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with: (i) any Third Party Offer, including the products or services that are the subject of a Third Party Offer; (ii) any statement, conduct, act, omission, performance or non-performance (whether negligent or not) of any Third Party Advertiser; (iii) your use of The Dental Community or any failure or delay including, but not limited to, the use or inability to use any component of The Dental Community; (v) any interference with or damage to your computer systems which occurs in connection with use of this Site or an external website; (vi) any unauthorised access to or alteration of your Account information.
10. LIABILITY, RELEASE AND INDEMNIFICATION
10.1 You release and discharge and will at all times indemnify, and keep indemnified, The Dental Community and its directors, officers, employees, agents, related entities and affiliates ("Released Parties"), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by The Dental Community as a result of any claim, demand, suit, action or proceeding by any third party against you or The Dental Community that arises out of or in connection with: (i) your use of The Dental Community; or (ii) any violation of these Terms and Conditions or any terms and conditions specified for a Third Party Offer; or (iii) any activity related to your Account (including infringement of any third parties' worldwide intellectual property rights or negligent or wrongful conduct).
10.2 You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of The Dental Community and its related entities, affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
11. INTELLECTUAL PROPERTY
11.1 The Dental Community reserves all intellectual property rights, including but not limited to, copyright in information, materials and/or services provided by The Dental Community (except for information and offers supplied by Third Parties). Nothing in these Terms and Conditions gives you a right to use any of The Dental Community's information, marketing material, business names, trade marks, logos, domain names or other distinctive brand features.
11.2 Trade marks and logos used on The Dental Community that are owned by third parties, including Third Party Advertisers, are used with permission and remain the intellectual property of those third parties.
11.3 If you contribute information including images to The Dental Community you both warrant that you are the copyright owner of the material and that you assign The Dental Community the right to distribute that material through all affiliated media.
12. LINKS TO OTHER WEBSITES
12.1 The Dental Community contains links to other websites, including websites operated by Third Party Advertisers. The Dental Community is not responsible for and does not control the content of any website linked to or from The Dental Community. Any links to other websites are for your convenience only and The Dental Community makes no warranty or representation regarding and does not endorse such websites or any content appearing on such websites. The Dental Community disclaims all warranties, express and implied, as to the accuracy, validity and legality or otherwise of any materials or information contained on such websites. The Dental Community neither warrants nor represents that your use of any materials on linked websites will not infringe the rights of any third parties.
13. USE OF THE DENTAL COMMUNITY OUTSIDE AUSTRALIA
The Dental Community does not represent that the contents of The Dental Community are appropriate or available for use in countries outside Australia. If you choose to access The Dental Community from outside Australia, you are responsible for compliance with foreign and local laws.
14. GENERAL TERMS
14.1 These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
14.2 If any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will, subject to being enforced to the maximum extent permissible by law so as to give effect to the intent of the Terms and Conditions, be severed and the remainder of these Terms and Conditions will continue in full force and effect.
14.3 These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by you. The Dental Community may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
14.4 Any failure by The Dental Community to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any of its rights, benefits or other privileges pursuant to that or any other provision. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.