By accessing and using all or any web pages under or forming part of the domain name www.ada.org.au and any other similarly branded webpages which include an authorised link to these Terms and Conditions (Site), 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).
Your access to and use of this Site is conditional upon your acceptance and observance of these Terms and Conditions.
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
ADA’s privacy policy.
You will be bound by such additional terms, 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 and our privacy policy are the current Terms and Conditions for the Site, and replace any other terms and conditions for the Site previously published on the Site.
Information on this Site
The Information and materials on the Site (Information) are for general information purposes about ADA, its objects and services. 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
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.
The most recent version of these Terms and Conditions can be seen at
ada.org.au/Terms-Conditions. Bookmark this page to conveniently review the Terms and Conditions when you use this site.
Registration, User Accounts and ADA Information
Access to the site will require personal information about you to allow us to provide you with services as members of the ADA.
As set out above, we treat all personal information submitted to us in accordance with our Privacy Policy.
As a member of ADA who receives or applies to receive information from us, or any other service we provide from time to time, you agree to:
a) Submit only true, accurate, current and complete information about yourself by any registration procedure;
b) Maintain and regularly update the registration data to keep it true, accurate, current and complete. This obliges you to modify the registration data to reflect any change in the accuracy of this data or your circumstances generally.
If you are no longer a member of ADA you will lose registered user access to the Site or services we provide.
As part of the registration process, you must provide us with personal information required by the registration process at the Site, to allow us to determine whether to enable your application or continue to allow access to your account once created.
If you provide any information to us (including registration data) that is untrue, inaccurate, not current, not up to date, is outdated, incomplete or inaccurate, or we suspect that you have provided such information to us, we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.
We may seek to verify that information we have received from you is accurate. You must respond promptly to any request we make and if you do not we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.
Access
You will receive a user password and account name to access Information via the Site. By using your user password and account to login via 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 our members).
By doing this you agree that:
a) You are responsible for maintaining the confidentiality of your password;
b) You must not disclose any Information to any person for any purpose other than as intended for use within your dental practice unless permitted in writing by ADA;
c) Except where required by law or where Information is generally available other than by breach of these terms and conditions, you may disclose Information you receive only to a person employed by you or as is employed by your same employer and only where;
a. The person has first agreed to use and keep the Information confidential and;
b. The person needs to know the Information in the execution of their employment role or duties.
You are fully responsible for activities that occur under your password or account and must immediately notify ADA in writing of any unauthorised use of your password or account or any other breach of security of which you become or have become aware.
You acknowledge that:
a) We may discontinue your access rights at any time;
b) The Information contains material to which ADA either holds copyright or is the licencee of it;
c) The information is provided solely for use by registered members of ADA for business and professional purposes and;
d) The information may not be reproduced or disclosed in part or in whole by you other than for the conduct of any business activity other than in the direct administration and conduct of your dental practice.
Find-A-Dentist
The Find-A-Dentist service is provided through the Site to assist members, 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.
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.
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
Throughout the Site various items of oral health information will feature. This information is general in nature. It 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.
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.
You agree by accessing oral health information on this Site you will not seek to rely upon 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
The Site may offer you the ability to enter into transactions, such as payment of membership fees, or any other transaction relating to an ADA product or service (Transaction).
A Transaction will not be complete unless and until:
• you have issued ADA with an electronic instruction accepting ADA’s offer or confirming payment by you (whichever is applicable) (Acceptance);
• such Acceptance has been received and processed by ADA; and
• these Terms and Conditions (and any other applicable terms and conditions notified to you) have been complied with.
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.
Where the Site enables you to purchase products or services online:
• 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;
• ADA may act on and process all completed Acceptances transmitted or issued through the Site without further consent from or reference to you; and
• 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.
When entering into a contract via the Site, you will be taken to have communicated your Acceptance only when:
• ADA receives and records your Acceptance in its database;
• An ADA receipt is generated; and
• ADA receives current and valid payment details, to which ADA is able to charge the appropriate price or fee.
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.
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.
Payments
All payments for membership fees or any products, services or Transactions purchased via 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.
Payments may be made by credit card or by direct debit arrangement with your financial institution.
In the case of credit card payments, you must provide to ADA details of your current and valid credit card as required by ADA, but including:
• credit card type;
• credit card number;
• name on credit card;
• expiry date; and
• verification code.
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.
Your Interaction with the Site
Some parts of the Site may permit you to post, upload, input or submit materials to ADA through the Site or associated services (Materials). You may not post Materials to this Site containing a virus or other harmful components. You must not use language or engage in any activity that is threatening, abusive, vulgar, or which may be interpreted as vilification of others on any grounds, or which is discourteous or unlawful. You must not post, upload, input or submit materials to ADA or the Site which gives rise to any legal liability against ADA. ADA reserves the right to suspend or prohibit use by persons who contravene the above and ADA may remove or edit messages or material submitted by users.
Third Party rights infringed
You are responsible for the Materials you post to the Site and you indemnify us against loss of any nature arising from the infringement of third party intellectual property rights or any other legal right by reason of your unauthorised reproduction of works on the Site.
You must not post Materials on the Site unless you are the owner of the copyright in those materials or have the express written permission or a written licence of the copyright owner to post them.
By posting, uploading, inputting, providing or submitting Materials you warrant and represent that you own or otherwise have rights to the Materials including, without limitation, the rights necessary to post, upload, input or submit the Materials and you authorise others to make use of the Materials posted by you on the Site.
Communications by Other Users
ADA does not represent, warrant or guarantee the validity, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that your reliance on Information or material posted on the site by other users or members will be at your own risk.
Materials provided to ADA
Subject to our privacy policy, you permit ADA, its affiliates and licencees to use any materials you provide to ADA in via the Site in connection with the operation of its business or operations, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the material, and in its absolute discretion to identify the material by your name.
No compensation will be paid in relation to ADA’s receipt or use of the material.
Access to the Site
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.
Intellectual property rights
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.
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.
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.
You agree not to access the Site by any means other than via the ADA website homepage interface.
Continuing Professional Development
ADA offers continuing professional development to its members. This includes video content of actual surgery, audio interviews, recorded webinars and presentations as to clinical techniques, practices and treatment methods of relevance to dentists practising in Australia.
Any member of ADA or Dentist who seeks access to the online continuing professional development materials provided by ADA does so strictly on the basis that they acknowledge:
1. the content contains opinions, perspectives and techniques that are not necessarily appropriate in all circumstances in all clinical contexts or circumstances;
2. the content may not be appropriate for either your practice or a particular patient
3. the content will be viewed and analysed by members of ADA or Dentists bringing their own professional skill, judgement, expertise and experience to the application of those opinions, perspectives, techniques and practices in the practice of dentistry by them individually;
4. A record of all online viewings or attendances is stored on a log that records what content has been viewed by reference to the individual members identification data, including but not limited to membership number and name.
Dental Trade Online – Product Reviews
ADA offers as part of the Site a forum where members or others may publish reviews of products or services that are relevant to the practice of dentistry in Australia. This portal or part of the Site may also contain paid reviews by manufacturers or service providers generally.
In addition to the Disclaimer and Exclusion, Limitation of Liability, Reliance on Advice and Indemnity sections found elsewhere within these Terms and Conditions, you as a user or potential user of the reviews accept that:
1. The reviews are not the opinion or views of ADA;
2. The views expressed are those of the author/s of any review;
3. You will not rely upon the review as being an endorsement, sponsorship or advertisement by ADA of any product, good or service;
4. You will make your own enquiries of the provider of the product, good or service as to its fitness, suitability or appropriateness for the application or purposes for which you may seek to use or acquire it.
PharmAdvice
PharmAdvice is a medicine information service that draws on the expertise advice of Dr Geraldine Moses, a highly experienced clinical pharmacist who, through the ADA, has had a long association with the dental profession. Members can seek advice on a range of prescription and over the counter medicine, nutritional supplements and health remedies.
You as a user of this service acknowledge that:
1. Any communication from Dr Moses is not advice or a medical opinion capable of reliance upon by you;
2. Any communication from Dr Moses is a professional perspective only;
3. Any communication from Dr Moses is based on the nature and terms of information you have provided;
4. You will analyse and apply your individual professional judgement to, or as a result of, any communication you have with Dr Moses;
5. You accept and assume full professional responsibility and legal liability for any medicine or treatment you prescribe to any patient;
6. You will not seek advice for Dr Moses and not employ any advice from her or any other pharmacist who employs the role of Dr Moses other than as a member of ADA.
Classifieds
The classified area of the Site allows members of ADA, dental health professionals and members of the public to exchange information. As a term of the use of the classifieds section of this website, any visitor to the Site or user agrees not to post any information that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, vilifying or discriminatory.
Both the entity placing the advertisement and any reader of it must rely on their own enquiries as to the nature of any goods or services sought to be provided, their fitness for purpose or appropriateness for the particular circumstances of the purchases.
ADA does not warrant, endorse or sponsor any of the goods or services offered for sale within the classifieds part of the Site. You agree that as a result of using the classifieds section of the Site you will do all things and take all steps to assure yourself of the fitness for purpose, propriety and usefulness of any good or service and will hold ADA harmless from any liability you may allege, directly or indirectly, as a consequence of entering into any transaction, taking any step or doing anything as a consequence of accessing any information on the classifieds section of the Site.
ADA may remove any content contained in the classifieds section of the site without notice to any person and in its absolute discretion.
Your acknowledgments
You expressly understand, acknowledge and agree that;
a) Your use of the Information is at your sole risk;
b) The Information and Site are provided on an as is and as available basis;
c) the Information is not prepared or tailored to address business or commercial issues relevant to you;
d) 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.
Requests regarding the use of the Information for any purpose other than in your practice should be directed to
contact@ada.org.au.
Restrictions
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:
• Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions;
• 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;
• 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;
• 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
• Reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other formulae or processes in respect of the Site.
Links
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.
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.
The Site may also contain links and frames to websites owned or operated by third parties independent of ADA (External Sites).
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:
• The operators of the External Site or Sites;
• The quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Site or Sites, or the people who contribute to them; or
• That the material on the External Site or Sites does not infringe the intellectual property rights or any other legal rights of any person.
Disclaimer and exclusion
ADA:
• Does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the Information;
• Provides the Site and Information on an ‘as is’ basis;
• 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;
• Is not obliged to update the Information or correct any inaccuracy which may become known to ADA.
Limitation of liability
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.
ADA excludes all liability arising from:
• any claim by any member as a result of the use of, or the inability to use the Information or the Site;
• 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;
• Unauthorised access to alteration of your transmissions or data;
• Statements or conduct of ADA or any third party on the Site;
• Any other matter relating to the Information or the Site.
You expressly understand and agree that;
a) Your use of the Information is at your sole risk that the Information and Site may not meet your requirements or requests;
b) The quality of any products, services or Information purchased or obtained by you from the Site will meet your expectations and any errors in the Information and Site will be corrected.
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.
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.
To the extent that a court decides that ADA is liable for any loss, damage, costs or expense, the liability of ADA is limited solely to the amount of the subscription or membership fee paid by the member asserting the claim or loss in the immediate preceding calendar year.
Reliance on advice
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
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.
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.
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:
a) Your access to Site;
b) Your use and utilisation of the information available on the Site;
c) 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
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.
The ADA website uses cookies for a variety of purposes, including but not limited to:
• counting the number of visitors and analysing traffic; and
• accessing and logging into functions for subscriptions.
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.
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
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 Information
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.
You may also be subject to additional Terms and Conditions that apply when you use other services, third party content, third party software or where you access another website via or through the Site.
These Terms and Conditions and the relationship between you and ADA shall be governed by the laws of the Commonwealth of Australia and the 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.
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.
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.
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.
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 or creation or use of a user account by you as a member of ADA or access to the Site in any form at all.
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.
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.
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.