1. By accessing and using all or any web pages under or forming part of the domain name www.teeth.org.au and any other webpages under our care, control and/or ownership, which include an authorised link to these Terms and Conditions (Site or Platforms), you agree with The Australian Dental Association (ABN 95 174 118 424) (ADA, or we, our and us) to be bound by and abide by the following terms and conditions (Terms and Conditions)
2. Your access to and use of the Site is conditional upon your acceptance and observance of these Terms and Conditions.
3. Your acceptance is intended by ADA to create a contract between ADA and you. Your access to and use of all or part of the Site is also subject to the Site’s Privacy Policy.
4. You will be bound by such additional terms, policies and/or guidelines, as applicable. You acknowledge that parts of the Site, or the provision of certain functionality of the Site, may be outsourced to third party providers. These Terms and Conditions apply to any outsourced services, unless you are notified of any alternate terms and conditions. These Terms and Conditions, our privacy policy and any other policies and/or guidelines are the current and applicable terms for the Site, and replace any other terms and conditions for the Site previously published on the Site.
INFORMATION ON THIS SITE
5. The information and materials on the Site (Information) are for general information purposes to enable users to explore and browse evidence-based information on oral health and obtain access to dental care in Australia. These Terms and Conditions and the Information are subject to change at any time without notice. In some cases, the Information may include the views or recommendations of third parties, which may not necessarily reflect ADA’s views.
VARYING THESE TERMS AND CONDITIONS
6. We may vary these Terms and Conditions from time to time without notice to you. It is important that you regularly review the most up to date version of these Terms and Conditions. Acceptance and observance of these Terms and Conditions is the sole basis upon which you may access the Site as may be varied from time to time.
ACCESS
7. By accessing the Site, you will be able to access information and content (including without limitation, information about us and our offerings, and information and content that we make accessible to users of the Site).
8. From time to time we may offer additional services via the Site or as part of other Platforms in our care, control and/or ownership. You may be required to agree or subscribe to additional terms and conditions and, by failing to do so, your access to those Platforms may not be permitted or may be revoked at any time by ADA. You agree and acknowledge that use and access to those Platforms will require you to agree to any additional terms and conditions as made available on our Site or on the Platforms from time to time.
OBLIGATIONS
9. By agreeing to use, or continuing to use, or access the Site, you covenant and warrant that:
9.1. you have and will comply with all relevant laws relating to your use of the Site; and
9.2. you are responsible for any costs associated with your access to or use of the Platform
and/or any Collective Content including internet access fees.
10. You must not and agree that you will not:
10.1. use the Site in a way that it is otherwise not intended to be used or otherwise contrary to
these Terms and Conditions, our policies, procedures and/or guidelines (including any
applicable laws);
10.2. use any robot, spider, site search and retrieval application
or other mechanism to retrieve or index any portion of the Site;
10.3. remove any copyright, trade mark or other proprietary rights notices contained in or on
the Site;
10.4. reformat or frame any portion of the web pages that are part of the Site;
10.5. tamper with or hinder the operation of the Site nor knowingly transmit any viruses,
worms, defects, trojan horses or similar disabling or malicious code to the Site;
10.6. take any action that imposes or that would, in our reasonable opinion, result in an
unreasonable or disproportionately large load on our infrastructure;
10.7. violate any local, state, national or other law or regulation, or any order of a court; and
10.8. use the Site other than in accordance with these Terms and Conditions.
FIND-A-DENTIST
11. The Find-A-Dentist service is provided through the Site to assist patients and members of the community generally to find members of ADA. It is purely a directory service. By providing contact details or other information in relation to dentists for members of ADA, ADA gives no warranty, makes no assurance or offers no recommendation as to the price, nature, quality, fitness for purpose, cost effectiveness or other utility of any service provided directly or indirectly by member of ADA to any patient or person.
12. As a potential patient, you agree and acknowledge that you must satisfy yourself as to the professional standing, competence, cost effectiveness, manner and suitability of a particular dentist for your dental and medical needs.
13. You agree and acknowledge that by agreeing to these Terms and Conditions that you will use the Find-A-Dentist service available through the site for good faith purposes only and will otherwise not use any information made available by such service to contact members of ADA for any improper purpose.
14. Further, you acknowledge the limitation of liability set out elsewhere in these Terms and Conditions applies to your use of the Find-A-Dentist service provided by this Site at all times.
ORAL HEALTH INFORMATION
15. You agree and acknowledge that the Information available throughout the Site may contain or will feature various items of oral health information and other evidence-based information. The Information is not tailored or specifically prepared to address any dental health issue, disease, dental complaint, dental problem or oral health concern a person may have.
16. The Information is indicative only. If you or any person has any concern about their dental health they should consult a registered dentist as soon as is immediately practicable after any dental health concern arises.
17. You agree by accessing the Information on this Site you will not seek to rely upon the Information obtained as being dental or medical advice and will take no step to use Information on the Site to seek to remedy, address or self treat any dental problems or concerns you may have either for yourself or for any other person.
TRANSACTIONS ON THE SITE
18. The Site may offer you or may direct you to other sites and/or platforms – which may be an External Site (as defined below) which offer the ability to enter into transactions for the acquisition of goods and/or services (Transaction). Where a Transaction is occurring on an External Site (for eg. Booktopia, Fishpond etc.), you agree and acknowledge that such a Transaction may be bound or governed by that third party’s terms and conditions.
19. Where a Transaction is occurring on the Site (and not on an External Site), the Transaction will not be complete unless and until:
19.1. you have issued ADA with an electronic instruction accepting ADA’s offer or confirming
payment by you (whichever is applicable) (Acceptance);
19.2. such Acceptance has been received and processed by ADA; and
19.3. these Terms and Conditions (and any other applicable terms and conditions notified to you)
have been complied with.
20. You acknowledge that the transmission of your Acceptance may not be received by ADA for reasons beyond either party’s reasonable control, including but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.
21. Where the Site (and not on an External Site)enables you to purchase products or services online:
21.1. The parties may enter into a contract using the Site by ADA making an electronic offer via
the Site and you electronically communicating your Acceptance of that offer to ADA via
the Site;
21.2. ADA may act on and process all completed Acceptances transmitted or issued through
the Site without further consent from or reference to you; and
21.3. ADA may treat an Acceptance as authentic and is under no obligation to investigate the
authenticity or authority of persons issuing or transmitting such Acceptance, or to verify
the accuracy and completeness of such Acceptance.
22. When entering into a contract via the Site (and not on an External Site) , you will be taken to have communicated your Acceptance only when:
22.1. ADA receives and records your Acceptance in its database;
22.2. an ADA receipt is generated; and
22.3. ADA receives current and valid payment details, to which ADA is able to charge the
appropriate price or fee.
23. A binding contract is conditional on ADA being able to successfully charge and receive payment of the applicable contract price or fee for the Transaction. A binding contract is not conditional on the receipt by you of a receipt or confirmation of payment. Therefore, the failure by you to receive a receipt or confirmation of payment via the Site does not invalidate or otherwise prejudice the existence of any contract or transaction entered into using the Site.
24. ADA may or may not issue a paper confirmation of the contract. The existence of a binding contract is not conditional on ADA issuing, or you receiving, a paper confirmation of the Transaction.
25. You agree and acknowledge that we may receive benefits, in the form of commissions including affiliate commissions, for any Transactions occurring on third-party sites and/or platforms which are sourced and/or are accessed via the Site.
26. We will not be liable for any errors, omissions, defaults or similar acts that occur with Transactions on a third-party site and/or platform.
PAYMENTS
27. All payments for any products, services or Transactions purchased via the Site (or any third party site linked to by the Site) must be paid in full by cleared funds by the due date specified in any communication from ADA or in the relevant confirmation.
28. Payments may be made by credit card or by direct debit arrangement with your financial institution or (where a Transaction is occurring via a third-party site) as required under that party’s terms and conditions.
29. In the case of credit card payments made on the Site, you must provide to ADA details of your current and valid credit card as required by ADA, but including:
29.1. credit card type;
29.2. credit card number;
29.3. name on credit card;
29.4. expiry date; and
29.5. verification code.
30. For payment made by direct debit, you must follow the information provided, including by accepting any additional terms and conditions or service agreements that may be applicable.
31. All prices are states in Australian Dollars (AUD), and payments accepted in Australian Dollars (AUD).
32. ADA does not endorse, warrant or represent the accuracy, validity, legality or quality of any payments made by you pursuant to or via any Information. ADA will not be liable for any losses suffered by you for any payments made pursuant to or via any Information made available via the Site or Platforms.
ACCESS TO THE SITE
33. ADA will not be liable if the Site is unavailable for any reason. ADA may, at its absolute discretion, suspend or disconnect your access to all or part of the Site during technical failure, for maintenance, if you fail to comply with these Terms and Conditions or if you do anything that ADA considers inappropriate.
34. ADA otherwise makes no warranties or representations as to the availability of the Site. The Site will be provided to you on an ‘as is’ and ‘as available’ basis.
INTELLECTUAL PROPERTY RIGHTS
35. ADA or its licensors own all intellectual property rights (including any copyright, trade mark rights and patent rights) in the Information and the Site. You may download, copy or print reasonable amounts of the Information for your personal, non-commercial use. You must not use any information downloaded, copied or printed in a commercial way (for example, publishing, transmitting, selling or modifying the Information) without ADA’s prior written consent.
36. Nothing in this Site is construed as granting you any licence or right to use any trade mark or other intellectual property right of ADA without the written consent of ADA.
37. You must not (and do not allow any third party to) copy, modify, create a derivate work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicence, grant a security interest in or otherwise transfer any right in any of the Information, software or contents of the site you access by virtue of these terms and conditions and your membership of ADA.
38. You must not frame or embed in another website any of the material appearing on the Site without our prior written consent.
YOUR ACKNOWLEDGMENTS
39. You expressly understand, acknowledge and agree that;
39.1. your use of the Information is at your sole risk;
39.2. the Information and Site are provided on an as is and as available basis;
39.3. the Information is not prepared or tailored to address health, personal, business or
commercial issues relevant to you;
39.4. the Information obtained through the use of the Site is sourced at your own discretion
and risk and you are solely responsible for any damage to your computer system or loss
including financial or pecuniary loss or loss of data or information that results from the
downloading or accessing of any information from the Site.
40. Requests regarding the use of the Information for any purpose other than in your practice should be directed to contact@ada.org.au.
RESTRICTIONS
41. In addition to the restriction set out above, you agree that you (and any party connected with, controlled by or related to you) will not:
41.1. use the Site for any purpose that is unlawful or prohibited by these Terms and
Conditions;
41.2. use the Site for any purpose which could damage, disable, overburden
or impair the Site or interfere with any other party’s use and enjoyment of the Site;
41.3. tamper with or hinder the operation of the Site;
41.4. knowingly transmit any viruses, worms, defects, trojan horses or similar disabling or
malicious code to the Online Platforms;
41.5. take any action that imposes or that would, in our reasonable opinion, result in an
unreasonable or disproportionately large load on our infrastructure;
41.6. copy, reproduce, alter, modify, create derivative works, distribute, transmit, publicly
display, publicly perform, edit, translate or reformat any of the Information without
ADA’s prior written consent;
41.7. use any robot, spider, screen scraper, data aggregation tool or other automatic process to
monitor, copy or extract any Information, or combine any Information with the information
of a third party, without ADA’s prior written consent; or
41.8. reverse engineer, reverse assemble, decompile or otherwise attempt to discover source
code or other formulae or processes in respect of the Site.
LINKS
42. If you access the Site via an external link, you are on notice that you do so at your own risk and expense. The existence of the external link shall not be construed as ADA’s endorsement, sponsorship, approval of, or affiliation with, another person or entity unless the party providing the relevant link is authorised in writing to do so.
43. ADA reserves the right to object to or have removed any link that it determines in its sole discretion to be inappropriate, inconsistent with ADA’s rights, the Site’s image and reputation or otherwise creates an undue burden on the Site.
44. The Site may also contain links and frames to websites owned or operated by third parties independent of ADA (External Sites).
45. Such links and frames are provided for convenience only, and ADA does not endorse, sponsor or approve, and makes no warranties or representations in relation to:
45.1. the operators of the External Site or Sites;
45.2. the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness
of the material on the External Site or Sites; or
45.3. that the material or content on the External Site or Sites does not infringe the intellectual
property rights or any other legal rights of any person.
DISCLAIMER AND EXCLUSION
46. ADA:
46.1. does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability,
fitness for purpose or timeliness of the Information made available;
46.2. provides the Site and Information on an ‘as is’ and ‘as available’ basis;
46.3. does not guarantee that the Site or External Sites will be error free, free from viruses, that
defects will be corrected or that access to the Site or External Sites will function as intended
or be uninterrupted;
46.4. is not obliged to update the Information or correct any inaccuracy which may become
known to ADA.
LIMITATION OF LIABILITY
47. ADA excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Site or any material on External Sites accessed via the Site or which link or refer to the Site.
48. ADA excludes all liability arising from:
48.1. any claim by any user as a result of the use of, or the inability to use the Information or
the Site;
48.2. the cost of procurement of substitute goods and services resulting from any goods, data,
information or services purchased or obtained, or messages received or transactions
entered into via or from the Site or an External Site;
48.3. unauthorised access to alteration of your transmissions or data;
48.4. statements or conduct of ADA on the Site;
48.5. any other matter relating to the Information or the Site.
49. You expressly understand and agree that;
49.1. your use of the Information is at your sole risk that the Information and Site may not
meet your requirements or requests;
49.2. the quality of any products, services or Information purchased or obtained by you
from the Site will meet your expectations.
50. The maximum extent permitted by law, ADA is not liable to you for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether indirect or consequential) that arise out of or are referable to the Information, the Site, External Sites, the supply of any product or services from the Site, or your access to any part of the Site, whether in contract, tort (including negligence) statute, equity or otherwise.
51. You acknowledge that this clause may be pleaded as a complete defence to any such claim you may assert through court, tribunal or other proceedings.
RELIANCE ON INFORMATION
52 The Information should not be relied upon for personal, dental, medical, legal, investment or financial advice of any kind. You accept and acknowledge that you will and should consult an appropriate professional for specific advice.
INDEMNITY
53. You agree to hold the ADA harmless from any liability to any third party alleged as a consequence of the partial or complete use by you or anyone on your behalf of the Information or the Site and agree to make no claim, assert no demand or purport to enforce no right against ADA in any such circumstances.
54. You agree to indemnify and keep indemnified ADA against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on an indemnity basis) suffered and incurred by ADA directly or indirectly out of or as a result of any breach of your obligations under these Terms and Conditions or at all.
55. You agree to indemnify and keep indemnified ADA against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered and incurred by ADA as alleged or asserted by any third party at all including but not limited to any claim arising from:
55.1. your access to the Site;
55.2. Your use and utilisation of the information available on the Site;
55.3. Any breach by you of these Terms and Conditions giving rise to a liability to a
third party as alleged by that third party against ADA.
COOKIES
56. The ADA website contains “cookies” which are text files that contain information and which are stored on your computer when you visit the ADA website.
57. By agreeing to the Terms and Conditions, you agree and permit for ADA to deploy and use cookies in accordance with our Cookie Policy.
58. The ADA website uses cookies for a variety of purposes, including but not limited to counting the number of visitors and analysing traffic and other data.
59. These may either be ‘persistent’ cookies, which are permanent and stored on your computer after you have closed your web browser, or ‘session cookies,’ which disappear when you close your web browser.
60. You may change the settings in your web browser to disable the storage of cookies and to remove undesired cookies. This however may impair your ability to use and utilise all components or aspects of the Site.
SURVIVAL
61. In the event that your access to the Site is suspended or disconnected in accordance with these Terms and Conditions or at all, all restrictions on you and disclaimers, exclusions and limitations of ADA's liability set out in these Terms and Conditions will survive such disconnection or suspension.
GENERAL
62. Subject to anything contrary stated within the Terms and Conditions, these Terms and Conditions constitute the entire agreement between you and ADA and govern your access to and use of the Information and Site, superseding any prior agreement between you and ADA in any form at any time whatsoever.
63. You may also be subject to additional terms and conditions that apply when you use other services, Platforms, External Sites, third party content, third party software or where you access another website via or through the Site.
64. These Terms and Conditions and the relationship between you and ADA shall be governed by the laws of the Commonwealth of Australia and State of New South Wales. As a consequence of agreeing to these Terms and Conditions and accessing the Site you consent to and submit to the exclusive jurisdiction of the courts of New South Wales, Australia on any legal or other question or dispute arising out of your use of Site or your agreement to accessing the Site under these Terms and Conditions.
65. The failure of ADA to exercise and enforce any right or provision of these Terms and Conditions shall not be treated by the party as a waiver of any further right that ADA has against you.
66. If any provisions of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but other provisions of these Terms and Conditions remain in full force and effect, as may be varied from time to time.
67. You agree that regardless of any statute or law to the contrary, any claim or cause of action against ADA or any officer, employee, nominee, representative, or agent of it made by you arising out of or related to use of Site must be filed strictly within one year after the claim or cause of action arose or forever be barred. You agree that this clause may be pleaded as a complete defence to any such claim if this strict timeframe is not observed by you in the assertion of any such claim.
68. You agree that there is no agency, partnership, joint venture, employee-employer or franchisor or franchisee relationship between ADA and any user simply by virtue of provision of the Information or access to the Site in any form at all.
69. Your rights and obligations under these Terms and Conditions are personal and may not be assigned or dealt with in any way without the permission of ADA and permission may be withheld by ADA in its absolute discretion.
70. You agree that ADA excludes to the full extent possible at law and under any legislation or other legal principal applicable any liability for the apportionment of loss between you and it arising from any claim you or any third party may assert directly or indirectly arising from these Terms and Conditions or your use of the Information or your access to the Site.
71. You agree these Terms and Conditions are the only basis upon which you access the Site of the Information and rely on no representation of assertion made by ADA other than as contained in these Terms and Conditions as the basis for your access to the Site.
72. You agree that ADA may change these Terms and Conditions at any time, and such modifications will be effective as soon as they are posted on the Site. By continuing to use the Site after these Terms and Conditions have been modified, you agree to be bound by the changes to these Terms and Conditions.
Version: 1.0
Date Reviewed
18 February 2022
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