1. General Terms and Conditions of Access to the Website
1.1. In this agreement: -
(a) "you", "your" means the user of this Website acting jointly or severally with any other person, and any person acting on your behalf in respect of the accessing of and use of this Website;
(b) "we", "us", "our" means Implant Registries Pty Ltd A.B.N. 34 600 442 313 being the owner and operator of the Website;
(c) "Dental Implant Register" means the register of dental implants administered to Patients that is maintained on the Website;
(d) "Dental Professional(s)" means: -
(i) qualified dentists in Australia registered with the Dental Board of Australia under the Health Practitioner Regulation National Law;
(ii) qualified dental clinicians or dental laboratory professionals including prosthetists involved in the clinical/laboratory placement, maintenance/repair or replacement of dental implants where Patients are concerned;
(iii) duly authorised auxiliary dental administrative or clerical professionals responsible for recording and administering records on the Website at the direction of a Dental Professional; and
(iv) dental laboratory operators and their staff who are involved in the manufacture and sale of dental implants to other dental professionals.
(e) "intellectual property" means and includes rights subsisting or capable of subsisting or being obtained under intellectual property legislation, including legislation dealing with copyright, circuit layouts, designs, patents, plant varieties or trademarks, and whether in Australia or overseas, and where the context admits includes any derivative works and rights;
(f) "Patients" means those individuals who have or are intending to receive dental implant(s);
(h) "Registrar" means any person or entity appointed by us from time to time to manage and oversee the technical operation and data integrity of the Dental Implant Register;
(i) "Website" means the Dental Implant Registry website at the URL www.dentalimplantregistries.com and its related computer and telecommunications systems, which is owned and operated by us;
(j) "WWW" means the world wide web.
1.2. We grant you the right to access the Website on the terms and conditions set out in this agreement and on the other pages on the Website specifically referred to in this agreement.
1.3. The material on the Website ("the copyright material") is copyright 2017 Implant Registries Pty Ltd A.B.N. 34 600 442 313.
1.4. Your entitlement to access the Website and to receive and reproduce any copyright material is conditional on your acceptance of these terms and conditions in their entirety, save for any provisions prohibited at law.
1.5. In consideration for your accessing the Website you are agreeing to be bound by these terms and conditions, and your continued use of the Website constitutes acceptance of these terms and conditions, as amended from time to time.
1.6. Access by you to the Website in breach of any of these terms and conditions may constitute unauthorised reproduction of the copyright material, and unauthorised access to the Website and its related computer systems, and may subject you to civil and criminal penalties.
1.7. You agree not to attempt to subvert any measures or steps taken to restrict the use of or access to the Website or any part thereof, or to cause disruption to the Website.
1.8. You may use the Website and access material from the Website only for your use, through a web browser, in accordance with the terms of this agreement as they apply to you and in accordance with any applicable laws.
1.9. This agreement is the whole agreement between you and us in relation to the general use of the Website.
2.1. The Website allows for the registration of dental implant data ("a registration") in the Dental Implant Register by Patients and Dental Professionals who have sought the express authority of the relevant Patient (and the Dental Professional who provided the treatment, if that Dental Professional is not the person making the registration) to make such registrations.
2.2. Each time you access this Website, you acknowledge, warrant and affirm that you are a Dental Professional who at the time of accessing the Website is entitled to practice as a Dental Professional in Australia and that (if your field of practice is one which is regulated by the Australian Health Practitioner Regulation Agency) you have not been disallowed or restricted to practice by the Australian Health Practitioner Regulation Agency ("APRHA") and do not reasonably foresee any circumstances that may give rise to your disallowance or restriction to practice.
2.3. Dental Professionals are, subject to clause 2.2, authorised to:
(a) Create and Manage their Profile
(b) Create and Manage their Dental Practice or laboratory profile(s) (as the case may be)
(c) Register Patient’s details (provided that the Patient has consented to the registration, and the Dental Professional who provided the treatment has consented, if that Dental Professional is not the person making the registration)
(d) Link patients to implantable devices and related devices
(e) Invoice their patients the cost of registering on implant or related device on the DIR, subject to having an appropriate agreement in place with the Patient regarding the charging of such costs
(f) Promote their membership of the DIR
(g)Track and report on their dental implant and related devices performance, by company and complication type over time;
(h) Perform any other action in the DIR that is authorised under this agreement or otherwise agreed between us and the Dental Professional.
2.4. If completing a registration on behalf of a Patient or other Dental Professional you warrant that:
(a) the information entered by you or any other person instructed by you either explicitly or implicitly, whether under your employ, or engaged by you in some other capacity including but not limited to as a contractor or consultant and whether such person holds a professional or administrative role, is true and accurate, and you have the express authority and consent to do so from:
(i) the Patient or their legal attorney or other Dental Professional who has obtained authority from the Patient; and
(ii) the Dental Professional who provided the treatment to the Patient, if that Dental Professional is not the person making the registration,
and will upon request from us provide reasonable proof of such express consent having been granted.
(b) you will not use the Website, any registration or any related materials in a manner which is reasonably capable of being seen as being defamatory, offensive, an infringement of intellectual property rights or otherwise likely to harm or tarnish the goodwill, reputation or intellectual property of Implant Registries Pty Ltd or any person or business;
(c) You acknowledge and agree that you hereby indemnify us in respect of any claim by any Patient or other Dental Professional in the event that we are pursued in respect of any use or misuse of information provided or uploaded or otherwise used by you in respect of any registration regardless of whether such use or misuse of the relevant information was provided or uploaded by you personally or any person as contemplated by clause 2.4(a) above.
2.5. You can share the information provided to you by the Patient with other Dental Professionals who may then use that information to create a registration only if you have the express authority of the Patient. If you provide information to another Dental Professional for this purpose, you also consent to your details being included as the treating Dental Professional (if applicable).
2.6. If you are a Dental Professional who has received information from another Dental Professional with their authority to create a registration, you acknowledge and warrant that you have sighted written evidence, or otherwise satisfied yourself, that the Patient has given authority to:-
(a) Make use of the relevant information; and
(b) Provide the relevant information to other Dental Professionals such as yourself in order to create a registration.
2.7. If a Dental Professional receives a request for information from another Dental Professional and the Patient has explicitly authorised the sharing of such information, then the Dental Professional providing such information hereby agrees to respond to such request and supply such information within five working days of receipt of such request.
2.8. A Dental Professional who has created a profile on the Dental Implant Register is taken to have consented to having their details included in any registration for which they are the treating Dental Professional.
2.9. We reserve the right to remove any registration, which we know or reasonably believe is not genuine, is unauthorised or is misleading or deceptively inaccurate.
3. Use of the Website facilities and material on the Website
3.1. Except as is reasonably necessary for the ordinary use of the Website, you may not copy, modify, or inject anything into:
(a) the layout of the Website; or
(b) any computer software and code contained in the Website.
3.2. Except for the limited uses set out in this agreement, you may not use the Website, or the material connected with it, for any purpose, including:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the WWW; and,
(e) "framing" the material on the Website with other material on any other WWW site including by way of "hot linking" or by otherwise causing any such material to be accessed from another Website or service.
3.3. We reserve all our intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. Except as is reasonably necessary for the ordinary use of the Website and its associated computer systems, the material provided on the Website is provided for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
without our prior written consent.
4. Accuracy of information and authority to send messages
4.1. You warrant that the personal information you supply to us is accurate and not misleading in any way.
4.2. If you continue use of the Website after any change in personal information previously supplied by you, you must at such time update the personal information.
4.3. You warrant that you are the account holder of any e-mail address supplied by you as being your true and correct e-mail address.
5. Links to other Websites.
5.1. The Website contains links (including references to Uniform Resource Locators ("URLs") to sites on the WWW owned and operated by third parties and which are not under our control.
5.2. In relation to the other sites on the WWW, which are linked to the Website, we:
(a) provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the linked site; and
(b) are not responsible for the material contained on those linked sites.
6.1. We make the Website available for others to enter information without assuming a duty of care to users (including Patients and Dental Professionals). We are not providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the WWW.
6.2. We may in our absolute discretion comply with any notices regarding the removal of any potential infringements of intellectual property and/or any requests for information from law enforcement and administrative authorities without notice to you.
6.3. To the full extent permitted by law, we disclaim any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites.
6.4. We will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if we have been advised of the possibility of such loss of profits or damages) which are the consequence of you acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked sites.
6.5. We do not warrant, guarantee or make any representation that:
(a) the Website, or the server that makes the site available on the WWW, are free of software viruses or other malware;
(b) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; or,
(c) errors and defects in the Website will be corrected.
6.6. We are not liable to you for:
(a) errors or omissions in the Website, or linked sites on the WWW;
(b) delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
(c) defamatory, offensive or illegal conduct of any user of the Website,
(d) whether caused through our negligence, our employees or independent contractors, or through any other cause.
6.7. You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.
7. Limitation of liability.
To the full extent permitted by law, our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
(a)If the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(b) If the breach of an implied warranty or condition relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or,
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.
8.1. You will at all times indemnify us and keep us and our respective officers, employees and agents (referred to as "those indemnified") indemnified from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of this agreement by you (including any warranties) or publication of or distribution of the material and/or information supplied by you.
9.2. We reserve the right to make commercial use of the information supplied for registrations, provided that we will ensure that we anonymise any data when preparing statistics and reports that will be disclosed to entities other than the individual(s) to whom the original information relates.
9.3. We shall not otherwise distribute the information received by us to third parties (other than affiliated and related bodies) except with your consent, or the consent of the Patient (as the case may be).
10. Termination of access.
10.1. We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and to the extent permitted by law, we will have no liability to you for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
11. Alteration of Terms and Conditions of Access.
11.1 We reserve the right to change these terms and conditions:
(a) with or without prior notice to you; and
(b) without giving you any explanation or justification for such change.
11.2. We will provide a notice of any change to this agreement at the login screen on the Website. Your continued use of the Website constitutes acceptance of any amendments to the terms of this agreement.
11.3. You agree and warrant that you will review the terms and conditions on a regular basis or will otherwise ensure that you are familiar with the terms and conditions as issued from time to time.
12. Relevant jurisdiction.
12.1. This Agreement will be governed by and interpreted in accordance with the law of the State of South Australia or the Commonwealth of Australia (as applicable), without giving effect to any principles of conflicts of laws.
12.2. You agree to submit to the jurisdiction of the courts of South Australia to determine any dispute arising out of this Agreement.
13. Uploading information.
13.1 You represent and warrant in relation to any material and/or information you provide to the Website that:
(a) If you do not own or otherwise have proprietary or other rights to make use of such material or information, you are authorised to provide the material and/or information;
(b) the material and/or information is accurate and not misleading, deceptive, defamatory, likely to confuse or a malicious falsehood in relation to any product, service, person or corporation;
(c) the material is not indecent, offensive, obscene or material constituting prohibited content, potential prohibited content or MA 15+ content within the meaning of the Telecommunications Act 1997 (Cth) and any other applicable legislative or administrative instruments;
(d) the material and/or information (or the use of it) is not the "passing off" of any product or service and does not constitute unfair competition; and,
(e) the material and/or information (or the use of it) does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright.
13.2. You will comply with, and your use of the Website and anything in connection therewith will comply with, any relevant legislation or regulations of the Commonwealth of Australia and the State of South Australia and equivalent state and territory legislation and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.
13.3. A reference in these terms and conditions to providing material or information directly or indirectly and includes a reference to providing a link or URL.
14. Licence to use intellectual property.
14.1. By uploading any material which is or which includes intellectual property including, but not limited to, copyrighted works, trade marks and service marks (in this clause called the "intellectual property") on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:
(a) Reproduce and use and exploit the intellectual property, as part of the Website and otherwise, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
(b) allow us to sub-licence others the same rights granted to us in (a) above.
15. Removal of information.
15.1. In relation to any material and/or information included on the Website, we may remove any material and/or information, including but not limited to links to other sites on the WWW, at any time without giving any explanation or justification for removing the material and/or information.
15.2. Subject to clause 15.1, we make no representation as to whether we will remove any material from the Website, including material uploaded in breach of the terms and conditions except as required by law, and we are not otherwise obliged to remove any said material.
16. No Waiver.
16.1 A waiver of any provision of the Agreement must be in writing. No delay by any party in exercising any right or power pursuant to the Agreement will operate as a waiver of that right or power nor will any single or partial exercise of any right or power preclude any other or further exercise of that right or power.
17. Limit of liability.
17.1. We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and as a consequence of removing any material and/or information from this Website.
18.1. If any part of this Agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions