Terms of Service:
The following terms and conditions govern all use of the
denticarepaymentplans.com.au website and all content, services and
products available at or through the website (taken together, the Website). The
Website is owned and operated by DentiCare Payment Solutions Pty Ltd (“DentiCare”) t/a DentiCare Payment
Solutions/DentiCare Payment Plans. The Website is offered subject to your
acceptance without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without
limitation, DentiCare’s Privacy Policy) and procedures that may be
published from time to time on this Site by DentiCare (collectively, the
“Agreement”).
Please read this Agreement carefully before accessing or
using the Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do not agree
to all the terms and conditions of this agreement, then you may not access the
Website or use any services. If these terms and conditions are considered an
offer by DentiCare, acceptance is expressly limited to these terms. The
Website is available only to individuals who are at least 13 years old.
Your denticarepaymentplans.com.au Account and Site. If you create a blog/site on the
Website, you are responsible for maintaining the security of your account and
blog, and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with the blog. You must not
describe or assign keywords to your blog in a misleading or unlawful manner,
including in a manner intended to trade on the name or reputation of others,
and DentiCare may change or remove any description or keyword that it
considers inappropriate or unlawful, or otherwise likely to cause DentiCare
liability. You must immediately notify DentiCare of any unauthorized uses
of your blog, your account or any other breaches of security. DentiCare
will not be liable for any acts or omissions by You, including any damages of
any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a blog, comment
on a blog, post material to the Website, post links on the Website, or
otherwise make (or allow any third party to make) material available by means
of the Website (any such material, “Content”), You are entirely responsible for
the content of, and any harm resulting from, that Content. That is the case
regardless of whether the Content in question constitutes text, graphics, an
audio file, or computer software. By making Content available, you represent
and warrant that:
- the
downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent,
trademark or trade secret rights, of any third party;
- if
your employer has rights to intellectual property you create, you have
either (i) received permission from your employer to post or make
available the Content, including but not limited to any software, or (ii)
secured from your employer a waiver as to all rights in or to
the Content;
- you
have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end
users any required terms;
- the
Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive content;
- the
Content is not spam, is not machine- or randomly-generated, and does
not contain unethical or unwanted commercial content designed to drive
traffic to third party sites or boost the search engine rankings of third
party sites, or to further unlawful acts (such as phishing) or mislead
recipients as to the source of the material (such as spoofing);
- the
Content is not pornographic, does not contain threats or incite violence
towards individuals or entities, and does not violate the privacy or
publicity rights of any third party;
- your
blog is not getting advertised via unwanted electronic messages such as
spam links on newsgroups, email lists, other blogs and web sites, and
similar unsolicited promotional methods;
- your
blog is not named in a manner that misleads your readers into thinking
that you are another person or company. For example, your blog’s URL or
name is not the name of a person other than yourself or company other than
your own; and
- you
have, in the case of Content that includes computer code, accurately
categorized and/or described the type, nature, uses and effects of the
materials, whether requested to do so by DentiCare or
otherwise.
By submitting Content to DentiCare for inclusion on
your Website, you grant DentiCare a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and promoting your
blog. If you delete Content, DentiCare will use reasonable efforts to
remove it from the Website, but you acknowledge that caching or references to
the Content may not be made immediately unavailable.
Without limiting any of those representations or
warranties, DentiCare has the right (though not the obligation) to,
in DentiCare’s sole discretion (i) refuse or remove any content
that, in DentiCare’s reasonable opinion, violates any DentiCare
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason,
in DentiCare’s sole discretion. DentiCare will have no
obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
General Terms. By selecting a product or
service, you agree to pay DentiCare the one-time and/or monthly or annual
subscription fees indicated (additional payment terms may be included in other
communications). Subscription payments will be charged on a pre-pay basis on
the day you sign up for an Upgrade and will cover the use of that service for a
monthly or annual subscription period as indicated. Payments are not
refundable.
Automatic Renewal. Unless you notify DentiCare
before the end of the applicable subscription period that you want to cancel
a subscription, your subscription will automatically renew and
you authorize us to collect the then-applicable annual or monthly subscription
fee for such subscription (as well as any taxes) using any credit card or other
payment mechanism we have on record for you. Upgrades can
be cancelled at any time by submitting your request to DentiCare
in writing.
Fees; Payment. By
signing up for a Services account you agree to pay DentiCare the
applicable setup fees and recurring fees. Applicable fees will be invoiced
starting from the day your services are established and in advance of using
such services. DentiCare reserves the right to change the payment terms
and fees upon thirty (30) days prior written notice to you. Services can
be cancelled by you at anytime on thirty (30) days written
notice to DentiCare.
Support. If
your service includes access to priority email support. “Email support” means
the ability to make requests for technical support assistance by email at any
time (with reasonable efforts by DentiCare to respond within one business
day) concerning the use of the VIP Services. “Priority” means that support
takes priority over support for users of the standard or free
denticarepaymentplans.com.au services. All support will be provided in
accordance with DentiCare standard services
practices, procedures and policies.
Responsibility of Website Visitors. DentiCare has not reviewed, and cannot
review, all of the material, including computer software, posted to
the Website, and cannot therefore be responsible for that material’s content,
use or effects. By operating the Website, DentiCare does not represent or
imply that it endorses the material there posted, or that it believes such
material to be accurate, useful or non-harmful. You are responsible
for taking precautions as necessary to protect yourself and your computer systems
from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies,
typographical mistakes, and other errors. The Website may also contain material
that violates the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the downloading,
copying or use of which is subject to additional terms and conditions, stated
or unstated. DentiCare disclaims any responsibility for any harm resulting
from the use by visitors of the Website, or from any downloading by those
visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made
available through the websites and webpages to which
denticarepaymentplans.com.au links, and that link to
denticarepaymentplans.com.au. DentiCare does not have any control over
those non-DentiCare websites and webpages, and is not responsible for their contents
or their use. By linking to a non-DentiCare website or webpage, DentiCare
does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. DentiCare disclaims any responsibility for any harm
resulting from your use of non-DentiCare websites and webpages.
Copyright Infringement and DMCA Policy. As DentiCare asks others to
respect its intellectual property rights, it respects the intellectual property
rights of others. If you believe that material located on or linked to by
denticarepaymentplans.com.au violates your copyright, you are encouraged to
notify DentiCare in accordance with DentiCare’s Digital Millennium
Copyright Act (“DMCA”) Policy. DentiCare will respond to all such notices,
including as required or appropriate by removing the infringing material or
disabling all links to the infringing material. DentiCare will terminate a
visitor’s access to and use of the Website if, under appropriate circumstances,
the visitor is determined to be a repeat infringer of the copyrights or other
intellectual property rights of DentiCare or others. In the case of such
termination, DentiCare will have no obligation to provide a refund of any
amounts previously paid to DentiCare.
Intellectual Property. This
Agreement does not transfer from DentiCare to you any DentiCare or
third party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with DentiCare. DentiCare,
denticarepaymentplans.com.au, the denticarepaymentplans.com.au logo, and all
other trademarks, service marks, graphics and logos used in connection with
denticarepaymentplans.com.au, or the Website are trademarks or registered
trademarks of DentiCare or DentiCare’s licensors. Other
trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any DentiCare
or third-party trademarks.
Advertisements. DentiCare
reserves the right to display advertisements on your blog unless you have
purchased an ad-free account.
Attribution. DentiCare
reserves the right to display attribution links such as ‘Blog at
denticarepaymentplans.com.au,’ theme author, and font attribution in your blog
footer or toolbar.
Partner Products. By
activating a partner product (e.g. theme) from one of our partners, you
agree to that partner’s terms of service. You can opt out of their terms of
service at any time by de-activating the partner product.
Domain Names. If
you are registering a domain name, using or transferring a previously
registered domain name, you acknowledge and agree that use of the domain name
is also subject to the policies of the Internet Corporation for Assigned Names
and Numbers (“ICANN”), including their Registration
Rights and Responsibilities.
Changes. DentiCare
reserves the right, at its sole discretion, to modify or replace any part of
this Agreement. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Website following the
posting of any changes to this Agreement constitutes acceptance of those
changes. DentiCare may also, in the future, offer new services and/or
features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
Termination. DentiCare
may terminate your access to all or any part of the Website at any time, with
or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your denticarepaymentplans.com.au account (if you
have one), you may simply discontinue using the Website. Notwithstanding
the foregoing, if you have a paid services account, such account can only
be terminated by DentiCare if you materially breach this Agreement and
fail to cure such breach within thirty (30) days from DentiCare’s notice
to you thereof; provided that, DentiCare can terminate the Website
immediately as part of a general shut down of our service. All provisions of
this Agreement which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. DentiCare and
its suppliers and licensors hereby disclaim all warranties of any kind, express
or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither DentiCare
nor its suppliers and licensors, makes any warranty that the Website will be
error free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
Limitation of Liability. In no event will DentiCare, or its suppliers
or licensors, be liable with respect to any subject matter of this agreement
under any contract, negligence, strict liability or other legal or equitable
theory for: (i) any special, incidental or consequential damages; (ii) the cost
of procurement for substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) for any amounts that exceed the fees
paid by you to DentiCare under this agreement during the twelve (12) month
period prior to the cause of action. DentiCare shall have no liability for
any failure or delay due to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that
(i) your use of the Website will be in strict accordance with the DentiCare
Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
Indemnification. You
agree to indemnify and hold harmless DentiCare, its contractors, and its
licensors, and their respective directors, officers, employees and
agents from and against any and all claims and expenses, including attorneys’
fees, arising out of your use of the Website, including but not limited to your
violation of this Agreement.
Miscellaneous. This
Agreement constitutes the entire agreement between DentiCare and you
concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorised executive of DentiCare, or by
the posting by DentiCare of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or
use of the Website will be governed by the laws of the Australia,
excluding its conflict of law provisions, and the proper venue for any disputes
arising out of or relating to any of the same will be the state and federal
courts located in Australia. Except for claims for injunctive or equitable
relief or claims regarding intellectual property rights (which may be brought
in any competent court without the posting of a bond), any dispute arising
under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in Australia, in the English language
and the arbitral decision may be enforced in any court. The prevailing party in
any action or proceeding to enforce this Agreement shall be entitled to costs
and attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original
intent, and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to
any party that consents to, and agrees to be bound by, its terms and
conditions; DentiCare may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
