2. WEBSITE ACCESS
Dental Vitality does not guarantee that access to the Dental Vitality Website will be uninterrupted or that the Dental Vitality Website is free from viruses or anything else that may damage any computer, server, system, network or hardware (System) used to access the Dental Vitality Website (Access System) or any data, code or software on an Access System, or a System that is linked to the Access System (Linked System) or any data, code or software that is on any such Linked System.
Certain areas of the Dental Vitality Website may be restricted from access by you and Dental Vitality may further restrict your access to any areas of the Dental Vitality Website, at any time, in its sole and absolute discretion.
3. LIMITATION OF LIABILITY
The Dental Vitality Website is provided “as is,” and Dental Vitality makes no express or implied representations or warranties, of any kind related to the Dental Vitality Website or its content. Dental Vitality does not warrant the accuracy, reliability, adequacy or completeness of any of the Dental Vitality Website content. You acknowledge and accept that the Dental Vitality Website content may include faults, inaccuracies and errors.
Nothing contained on the Dental Vitality Website will be construed as providing advice to you. It is your responsibility to enquire with us directly or to undertake your own enquiries to determine the accuracy, reliability, adequacy, completeness and currency of the content on the Dental Vitality Website you wish to rely upon.
To the maximum extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Dental Vitality excludes all liability for, and neither Dental Vitality nor its officers, employees or contractors will be liable to you for, any claim, demand, loss, expense, or damage of any kind (including special, indirect or consequential loss and loss of business profits) arising directly or indirectly, and whether in contract, tort or otherwise, out of or in connection with:
- your use of, or reliance on, the Dental Vitality Website or its content; or
- the performance or failure of the Dental Vitality Website.
- in the case of goods:
- eplacement of the goods or the supply of equivalent goods;
- repair of the goods or payment of the cost of having the goods repaired; or
- payment of the cost of replacing the goods or acquiring equivalent goods; and
- in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.
4. INTELLECTUAL PROPERTY
The content on the Dental Vitality Website, including without limitation all applications, information, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams and other graphic materials (Content), and the names, logos and trademarks (Brands), are the property of Dental Vitality or have been made available for use by Dental Vitality and are protected by copyright, trademark, moral rights and other intellectual property laws. Content may be displayed and printed solely for your own personal, non-commercial use or for use internally for non-commercial purposes within your organisation provided that its source is acknowledged and any copyright notice or Brands on what you display or print are not removed. You must not:
- copy, reproduce, perform, adapt, modify or translate the Content; or
- retransmit, distribute, sub-license, disseminate, sell, publish, broadcast or circulate (whether electronically, digitally or in print or other form) any of the Content to any third party,
without the express prior written consent of Dental Vitality. Alternatively, you should direct the third party to the Dental Vitality Website and the relevant Content on the Dental Vitality Website.
Any material, including but not limited to, information, questions, comments, suggestions, ideas, video, audio, film, text, data, forms, images, photographs, illustrations, artwork, diagrams or other graphic materials you send to us on or via the Dental Vitality Website (Your Content) will be deemed to be non-confidential and non-proprietary. Dental Vitality will be entitled to use any of Your Content for any purpose without compensation to you.
Your Content must be your own and must not infringe any third party’s rights. You grant Dental Vitality a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, reproduce, modify, adapt, publish, translate, disseminate, broadcast and distribute Your Content in any and all forms and media, including on the Dental Vitality Website.
6. THIRD PARTY WEBSITES
The Dental Vitality Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Dental Vitality does not control, endorse, sponsor or approve any such third party websites or their content or any products or services offered on or through those websites. Dental Vitality does not provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content or any reliance you may place on those websites or their content or any products or services you may acquire on or through those websites.
7. LINKS TO Dental Vitality WEBSITE
If you wish to establish a link to this website, you must first seek approval from Dental Vitality. Please email Dental Vitality with your request at [email protected]. You must not establish a link to the Dental Vitality website without Dental Vitality’s express written approval.
If Dental Vitality agrees to your proposed link, you must comply with any terms and conditions imposed by Dental Vitality as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Dental Vitality and provide a new description of your website and seek Dental Vitality’s written approval to retain the link to the Dental Vitality Website.
Dental Vitality may at any time withdraw its approval to your link by notifying you in writing. If Dental Vitality notifies you that its approval has been withdrawn you must immediately remove the link to the Dental Vitality Website.
8. INTERFERENCE WITH WEBSITE
You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Dental Vitality Website or any of its Content or Brands.
You must not:
- use the Dental Vitality Website in any way that is, or may be, damaging to the Dental Vitality Website or to Dental Vitality or in a way that causes, or may cause, harm to Dental Vitality, the Dental Vitality Website or to any person or entity;
- use the Dental Vitality Website in any way that impacts with user access to the Dental Vitality Website;
- use the Dental Vitality Website contrary to applicable laws or regulations;
- engage in any data mining, data harvesting, data extracting or any other similar activity in relation to the Dental Vitality Website or its Content or while using the Dental Vitality Website or its Content; or
- use the Dental Vitality Website to engage in any advertising or marketing.
10. VARIATION OF TERMS