WEBSITE TERMS AND CONDITIONS - DENTAL MASTERY ACADEMY

1. About these Terms

www.dentalmasteryacademy.com.au (“Website”) is operated by Dental Mastery Academy Pty Limited ABN 23 665 239 510 (“we”, “us”, “our”). We provide courses and other training to dentists in respect of certain dentistry techniques and procedures (“Courses”) and, as part of that training, develop and produce Resources. From time to time some of the Resource may be made available by us for access and use via the Website for free.

These Terms and Conditions (“Terms”) form a legally binding agreement between the user (“User”, “you”) and us.

By accessing the Website and/or using any Resources, you accept, and agree to comply with, these Terms. If you disagree with these Terms, you should not access the Website and/or use any of the Resources.

If you wish to participate in any Course, participation in that Course may be subject to the payment of fees and will be subject to a separate legal agreement between you and us.

If you wish to download Resources from the Website you may be required to provide us with your email address or other information about you.

We may amend these Terms at any time, and we will notify you of any amendment to the Terms by updated these Terms on our Website. We recommend that you check these Terms frequently as your continued access and use of the Website after a change to the Terms signifies your agreement to the modified Terms. Nothing in these Terms requires you to continue to access or use the Website or Resources if these Terms are updated.

2. Intellectual Property Rights

2.1 As between you and us, ownership of intellectual property rights in the Resources is owned by us. The Resources may not be passed off as your own.

2.2 Except as expressly provided in the Terms, you must not, without our prior written permission, copy, broadcast, reproduce, republish, download, store (in any medium), upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, the Website or the Resources.

2.3 Resources contained on this Website can be downloaded only for educational non-commercial purposes.  Otherwise, such Resources may not be copied, modified, distributed or otherwise exploited, without our prior written permission.

3. User Restrictions

3.1 You must not use this Website and Resources in any way or for any purpose that is unlawful or breaches these Terms.

3.2 You must not:

(a) disrupt, damage, impair or interfere with the Website or any servers, software, hardware or equipment connected to it;

(b) restrict or inhibit any other user from using or enjoying the Website;

(c) attempt to bypass any firewalls associated with the Website, or to distribute or transmit junk or spam email that contains any Resources;

(d) distribute or transmit any virus or other harmful code or disabling feature on the Website or to any other user;

(e) distribute any part of the Resources for commercial purposes;

(f) breach any applicable law regarding your use of the Website;

(g) try to reverse engineer, decompile or disassemble any part of the Website;

(h) try to modify, adapt, translate, or sell the Website, or any part of it or any Resources on it; and

(i) access any part of this Website that you are not authorised to use (including but not limited to trying to circumvent any security measures put in place).

4. Monitoring access and downloads

For security, statistical, compliance, regulatory and other related purposes we may:

(a) monitor the User's access to the Website and use of the Resources; and

(b) record or otherwise capture data or other information relating to the User's access to the Website and use of the Resources (including country and location).

5. Variation and availability

5.1 The User acknowledges that we retain the sole discretion regarding the Resources and features, functions and other benefits that will be available within the Website from time to time and that:

(a) nothing in these Terms requires us to provide or maintain any particular Resources or features, functions and other benefits of the Website;

(b) we may vary the Resources and features, functions and other benefits available to the User in respect of the Website at any time;

(c) not all of the Resources and features, functions and other benefits may be available at all times;

(d) some or all of the Resources and features, functions and other benefits may be unavailable due to scheduled outages and downtime, disaster recovery processes or due to circumstances beyond the our control; and

(e) nothing in these Terms imposes obligations on us to provide any services to the User in respect of the Website including (without limitation) development or customisation services, technical or user support, training or maintenance services.

6. Cookies

6.1 During your use of the Website, we may issue to and request from your computer blocks of data known as “cookies”. By using this Website, you authorise us to issue such cookies to your device.

7. Warranty

7.1 We will attempt to ensure that Resources on this Website are correct, however we cannot guarantee their accuracy, suitability or completeness. The Resources are provided to you on an “as is” basis without warranties of any kind, either express or implied, subject to clause 2 and 8.3.

7.2 Without limiting clause 1 and subject to clause 8.2 and 8.3, we do not warrant or guarantee to the User that the Website and Resources or use of the Website or Resources:

(a) will be uninterrupted or error-free;

(b) will be suitable or fit for any particular purpose;

(c) is medical, health or any other professional advice and is not to be relied upon as such;

(d) will assist Users achieve any particular outcome, benefit or result or obtain any particular expertise, qualification or certification;

(e) will guarantee any particular outcome (including any clinical or surgical outcome) from the use of any procedures, techniques or other skills described or set out in the Resources and you must use your own judgment before using any such procedures, techniques or other skills;

(f) will guarantee that Users will be able to perform or execute the procedures, techniques or other skills which are described or set out in the Resources;

(g) will result in you being able to generate more revenue, or charge additional fees, as part of any dentistry business which you work in, own or operate;

(h) will be accurate or reliable; or

(i) will be compatible with any other computer software, computer hardware or other technology.

7.3 The User acknowledges that:

(a) the information on this Website and the Resource should not be substituted for the User’s own clinical judgment when treating patients;

(b) the information on this Website and the Resources are not to be treated as any type of ‘case diagnosis’ and do not confirm or recommend any kind of treatment plan; and

(c) any procedures, techniques, other skills or opinions on this Website or in the Resource reflect dentistry at a particular point in time

7.4 The Website may contain links to other websites operated by third parties and the Website and Resources may contain content which is provided or developed by a person other than us (including content provided as part of any podcast or interview) (Third Party Content). We do not make any representation as to the accuracy or suitability of any of the information contained on those other websites or of any Third Pary Content, and we do not accept any responsibility or liability for, or give any endorsement in respect of, the conduct, content, products or services of those other websites or their operators or of any Third Party Content (including the accuracy of any such Third Party Content).

8. Limitation of Liability

8.1 To the fullest extent allowed by applicable law:

(a) we, our directors, employees and suppliers will not be liable for any loss or damage whatsoever (including, without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from your use of or access to, or your inability to use or access, the Website and/or Resources; and

(b) except as otherwise provided herein, we exclude all terms, conditions, warranties or representations whether express or implied.

8.2 If the User is a consumer as defined in section 3 of the Australian Consumer Law (Consumer) and we supply PDH Goods or Services to the user, we acknowledge that the User may have certain rights under the Australian Consumer Law in respect of the guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law (Consumer Guarantees) as they apply to the PDH Goods or Services supplied by us and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights.

8.3 If the User is a Consumer and any goods or services supplied by us to the User are non PDH Goods or Services, our liability to the user in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at our discretion) to:

(a) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having services supplied again; and

(b) in the case of goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

9. Termination

9.1 We may terminate these Terms and your access to the Website and/or Resources at any time without notice. In the event of termination, you must immediately cease accessing and using the Website, Resources. All restrictions imposed on you, licences granted by you, disclaimers and limitations of liability set out in the Terms will survive termination.

9.2 Nothing in these Terms requires you to continue to access or use the Website or Resources and you may cease accessing or using the Website or Resources at any time.

10. Miscellaneous

10.1 Severability

If any provision of the Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.

10.2 Governing law

The Terms are governed by and will be interpreted in accordance with the laws of New South Wales, Australia and all disputes arising from the Terms will be subject to the exclusive jurisdiction of the courts of New South Wales.

10.3 Privacy Policy

We will collect, handle and store personal information (including personal information regarding the User and their access and Use of the Website and Resources) in accordance with our privacy policy, a copy of which is available at www.dentalmasteryacademy.com.au or by requesting a copy from us.

11. Definitions and interpretation

11.1 Definitions

In these Terms, unless the context otherwise requires:

(a) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) (or any equivalent State or Territory legislation).

(b) Data means the information and data generated by the Website or made available to the User through the Website.

(c) PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption. information, graphics, images, videos, advertisements or other content on this Website

(d) Resource means any content, Data, information, graphics, images or videos which is made available for access, use and download on the Website, and Resources has a corresponding meaning.

11.2 Interpretation

In these Terms, headings are inserted for convenience only and do not affect the interpretation of these Terms and, unless the context otherwise requires:

(a) the singular includes the plural and vice versa;

(b) if a word or phrase is defined, its other grammatical forms have a corresponding meaning;

(c) the meaning of general words is not limited by specific examples introduced by ‘includes’, ‘including’, ‘for example’, ‘such as’ or similar expressions; and

(d) a reference to a person includes an individual, a partnership, a corporation or other corporate body, a joint venture, a firm, a trustee, a trust, an association (whether incorporated or not), a government and a government authority or agency.