When you access or use the Clearly Dental website at ww.clearlydental.com.au" (“Website”), you agree to be bound by these terms and conditions ("Terms").
Access to and use of this Website is provided by Dental Corporation Pty Ltd (ABN 92 124 730 874) trading as Clearly Dental ("Clearly Dental”, "We", "Us" and "Our") on the following Terms.
We reserve the right to change these Terms, the Website and any content available on or accessible from this Website (“Content”) at any time by publishing these changes online. By continuing to use the Website, you are taken to have accepted any changes to the Terms.
For further details please contact Us on (02) 9422 4700.
1. Disclaimers, liability limitation and indemnity
To the extent permitted by law, Clearly Dental, its affiliates and related bodies corporate (as defined by the Corporations Act 2001 (Cth)), will not be liable (whether in contract, tort (including negligence) or otherwise) for any loss or damage (whether direct, indirect, special or consequential) suffered by you in connection with your use of or access to this Website and its Content, or any failure to provide this Website or particular Content.
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- Your reliance on the completeness, accuracy, suitability, currency or availability of the Website or its Content.
- Failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data,communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records.
- Failure to complete a transaction, booking or any loss arising from e-commerce or bookings transacted on the Website.
1.2. Limitation of liability
Clearly Dental’s total liability to you (if any) arising out of or in connection with your access or use of the Website shall be limited, at our election, to:
- In the case of information or services supplied or offered by us for a fee - the re-supply of the information or services or payment of the cost of doing this. We accept no, and exclude all, liability for information or services supplied or offered by us for free; and
- In the case of goods supplied or offered by us for a fee - repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this. We accept no, and exclude all, liability for goods supplied or offered by us for free.
1.3. No advice given
The Content on this Website (including oral health information) is not designed or intended to serve as a substitute for advice from a qualified healthcare professional. Content provided on this Website is general in nature and does not take into account the specific dental health issue, disease, dental complaint, dental problem or oral health concern you may have.
Where We mention specific products or services on this Website, We do so for informational purposes only. This does not constitute a recommendation made by Clearly Dental, unless expressly stated.
You agree that you will not seek to rely upon the Content on this Website as health advice to remedy, address or self-treat any problems or concerns you may have either for yourself or for any other person.
1.4. No warrantiesClearly Dental does not guarantee or warrant:
- the quality, accuracy, completeness, suitability, currency or availability of the Website and its Content;
- that the Website functions will meet your requirements.
This Website and its Content are provided on an “as is” and “as available” basis, with no representations or warranties of any kind, either express or implied (except those which cannot be lawfully excluded).
You assume total responsibility and risk for your use of and reliance upon this Website and its Content.
1.5. Third Party Links
This Website may contain links to third party websites for your convenience, that are not owned or controlled by Clearly Dental (“External Web Sites”). We are not responsible for the content or operation of these External Web Sites. Links to External Web Sites do not constitute or imply endorsement by Clearly Dental of the information they contain, or any products or services they reference. Your navigation to any linked website is at your own risk.
You indemnify Clearly Dental and its affiliates and related bodies corporate against all liability, cost, expense, loss and damage incurred or suffered by Us as a direct or indirect result of you using this Website.
2. Clearly Dental Bookings
2.1. Accuracy of Information
When you make a booking for a service at Clearly Dental (Clearly Dental Service), you will be required to provide specific personal information to us before your visit. You warrant that any information you provide to Us is true and correct.
If the booking is for a person under 18 years, guardians/parents must make the booking and provide the required personal information on their behalf.
When you make a booking, you warrant that you are the person receiving the Clearly Dental Service (Patient), or the authorised guardian/parent of the Patient.
When you attend a Clearly Dental practice for your booking We will confirm your identity by confirming your mobile number or email address.
3. User conduct
3.1. Lawful and authorised use only
You must use this Website for lawful purposes only, including to access and view Content, make a booking, and to submit enquiries or feedback to Clearly Dental (as applicable).
3.2. Prohibited Use
You must not (a) use this Website in a manner which, or (b) upload, post, transmit or otherwise make available through this Website any material which:
- violates or infringes the rights of others (including intellectual property or privacy rights);
- Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; or
- affects the functionality or operation of this Website or its servers or the functionality or operation of any user’s computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly).
4. Intellectual Property Notices
4.1. Copyright Notice
Copyright in the Content (including text, graphics, videos, images, x-rays, audio clips, architecture, coding, design elements and interactive features) is owned or licenced by Clearly Dental. You may download or print hard copies of Content for your personal, private, non-commercial use. Otherwise, you may not reproduce, adapt, upload to a third party, publish or communicate any of this Content without Our prior written consent (except as necessary for viewing the Content on your browser, or as permitted under the Copyright Act 1968 (Cth)).
Nothing that you do on or in relation to the Website and its Content will transfer any rights in same.
4.2. Trade Mark Notice
“Clearly Dental” (the word and the logo) and any other trade marks associated with Clearly Dental, are trade marks owned by Clearly Dental or its related bodies corporate. You may not use Our trade marks without Our written consent. Third party trade marks which feature on the Website are owned by the respective third party. The use of a third party trade mark on Our Website does not indicate any association with, or endorsement by Clearly Dental, of that third party or its products/services.
5. Privacy, cookies and Google
A "cookie" is a small text file placed on your computer by a web server when you access a website. Cookies are frequently used on websites. Cookies in themselves do not identify the individual user, just the computer used.
- Your server address;
- Your top-level domain name;
- The date and time of access to the Website;
- Pages accessed and documents downloaded;
- The previous website visited;
- The type of browser software in use.
Clearly Dental uses this information for various purposes including:
To determine whether you have previously used parts of the Website or to identify the pages you have accessed, but in each case, information collected cannot be used to personally identify you.
You can choose if and how a cookie will be accepted by configuring your preferences and options in your browser. For example, you can set your browser to notify you when you receive a cookie or to reject cookies. However, if you decide not to display cookies, then you may not be able to gain access to all the Content and facilities of this Website.
5.3. Google Maps
6. General Terms
6.1. Governing Law
These Terms are governed by the law in force in New South Wales, Australia. You agree that any disputes will be determined by the courts having jurisdiction in New South Wales in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.
6.2. Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability of the remaining Terms will not be affected.
6.3. No offers where illegality arises
Nothing on this Website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.