Terms of Service
Please note this website is owned by PAVONA Pty Ltd trading as DPO Dental Practices and also known as dentalpracticesonline.com. Please read the following agreement (the "Terms") carefully. They explain the policies and rules related to use of our site (the "site"). By accessing, using or downloading materials from the site or by completing the registration process and clicking "Sign Up,” you are stating that you agree with dentalpracticesonline.com ("us", "we", "our" or "dentalpracticesonline.com") to the following Terms. "You" refers to you, the user, together with any company or other business entity you are representing.
You can easily begin using our site by going through our simple 3 step process. In registering with us, you agree to provide accurate, current and complete information about yourself, and to update that information if it changes; if you don't, we have the right to close your account and any web pages created under your account. As part of the registration process, you will choose a password. It is your responsibility to keep this password confidential. You are responsible for all actions taken under your password. If you register over the phone, or in person at a trade show through a representative, you are to be held responsible for all conditions hereby stated in this document. Your card will be charged for the first month upon signup and any additional services you sign up for. Your card will then be charged once/month for the monthly fee going forward on a recurring basis.
You may terminate your account at any point. dentalpracticesonline.com may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with dentalpracticesonline.com. You also agree that dentalpracticesonline.com may close your account and prevent you from using our site for violating any of our Terms of Service, or for any other reason, at any time, at dentalpracticesonline.com's sole discretion, without prior notice to you. In most instances, however, dentalpracticesonline.com will review a web site and if it is found to be in violation of any of our Terms Of Service, you will be given a warning. If the web site continues to violate our rules, the site will be deleted. Cancellation of your account by you requires 14 days written notice. You can fill in our Cancellation form online at www.dentalpracticesonline.com/cancellations.
There will be no extra charge for domain setup by www.dentalpracticesonline.com, however if the customer decides to terminate the month by month agreement with www.dentalpracticesonline.com within 12 months of sign up, then there will be a $50 administration charge to be applied to the customers credit card.
The customer will submit their credit card to secure the free 30 Day trial period. If the customer wishes to cancel their trial period they may do so at any stage by logging into your Site Administration, then click on My Account >> Service Cancellation. This process will be free of any charges.
If www.dentalpracticesonline.com has been instructed by the customer to acquire a Domain Name during this trial period and the customer then decides to cancel or terminate their account during that 30 Day Trial period, a US$50 administration charge to be applied to the customer’s credit card.
2. Charges and Billing
If you are required to pay a fee for all or any part of the Service for which you have chosen to register, you hereby authorize dentalpracticesonline.com to charge your credit card in advance for all applicable fees incurred by you in connection with your chosen Service and your Account. The initial charge for the website is non-refundable. You acknowledge that it is your responsibility to notify dentalpracticesonline.com of any changes to your credit card or if your credit card has expired otherwise your access to the Service may be disconnected or interrupted. All fees shall be paid in your selected currency, except for AMEX, this will be in Australian Dollars.
All charges for your website will show on your credit card statement as PAVONA Pty Ltd.
Any logo customisation to the header of the site will be billed at US$250
dentalpracticesonline.com reserves the right to increase the fee for the general hosting/upgrading annually.
3. Domains / Website Terms
www.dentalpracticesonline.com will own the rights to the website. The website will be hosted by www.dentalpracticesonline.com.
The customer is not permitted to move this website to any other location. However, if the customer owns their domain, it can be moved at any point, please see the below section on Domain Ownership.
Our objective is to provide a continuously operating service, our target up-time for your website services is 99.8% each month(excludes email functions and services). However, www.dentalpracticesonline.com does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Where the Customer already owns their domain, www.dentalpracticesonline.com will give general instructions on redelegating the existing domain. This means that the customer is simply telling their domain registrar (the company through which you bought your domain) to change the direction of your domain from its current server to www.dentalpacticesonline.com name server. The customer is solely responsible for the renewal and maintenance of this domain.
- Where the Customer allows www.dentalpracticesonline.com to setup the domain, www.dentalpracticesonline.com will own this domain. www.dentalpracticesonline.com will be responsible for the renewal and maintenance of this domain.
Domain Name Registration
We do not warrant or guarantee that the domain name applied for is capable of being registered. This is subject to availability. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Domain Name Disputes
We accept no responsibility in respect of the use of a domain name by you, and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
Transfer of Domain Name
This process is sometimes difficult to complete for a number of reasons. We will endeavour to expedite this process but do not guarantee the time taken to successfully achieve this process. The Customer also agrees to pay any unforseen 3rd party fees associated with this process. These fees will be charged directly to the customer’s credit card.
You understand that the phrase "Site Designed by dentalpracticesonline.com" will be placed in the footer to each and every web page generated and transmitted by dentalpracticesonline.com's System.
5. Reference to Your site
You agree to allow dentalpracticesonline.com to announce our customer relationship with you in a press release or similar distribution. This includes allowing us to profile and link to your site in any communications.
Upon request dentalpracticesonline.com may disclose your contact information to customers of your website, government agencies, any trademark or copyright owner requiring to contact you in regards to transactions or content on your site.
7. Member Conduct
In general, we do not screen or edit information transmitted or shared by members on our site, but we reserve the right (but have no duty) to monitor, to remove any objectionable information, and to remove any web pages from our system at any time, without notice, at our sole discretion.
To help ensure that everyone's experience at dentalpracticesonline.com is a positive one, we have certain rules for conduct, which you must agree to in using our site.
You agree to:
- follow all of your local, provincial/state, national and international laws and regulations.
- be responsible for all information, data, text, software, music, sound, photographs, images, graphics, video, messages or other material ("Content") that occur under your account or password, including any Content transmitted or broadcast through your account.
- comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
- provide direct contact information your customer can use to contact you regarding questions and issues regarding purchases from your site.
You also agree that you will not:
- upload, post or transmit through your dentalpracticesonline.com site any unlawful, harassing (including "stalking"), pornographic, abusive, threatening, harmful, obscene, libellous, tortuous, defamatory, vulgar, invasive of another's privacy, hateful, excessively violent or racially, ethnically or otherwise objectionable content. Pornographic material includes genitalia and/or female breasts being displayed as well as sexual acts. Exceptions can be made with our prior consent. For example, we may consent to a site that teaches how to breast feed. If you feel that your site may be an exception, please send us an e-mail stating your case either through the email support feature at dentalpracticesonline.com.
- copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that is unlawful, harassing, abusive, threatening, harmful, obscene, libellous, tortuous, or otherwise objectionable on your dentalpracticesonline.com site.
- host or transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- copy, broadcast, distribute, or otherwise use any content provided by others, in a manner that infringes the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
- interfere with or disrupt dentalpracticesonline.com site, services, computer systems, servers or networks, or violate the regulations or policies of such networks.
- transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
- attempt to gain unauthorized access to dentalpracticesonline.com site or services, others' accounts, private web sites, or computer systems or networks connected to dentalpracticesonline.com site, through password mining or otherwise.
- engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
- frame the site in any way or otherwise attempt to defeat, modify or bypass any pages or functionality of the site.
- collect information about others without their consent.
- provide false information on your registration form, impersonate any person or the voice of any person, or otherwise attempt to mislead others about your identity or affiliation with a person or entity or the origin of a message or other communication.
- transmit junk mail, spam, chain letters, or other unsolicited bulk e-mail or duplicative messages.
- copy audio content without the permission of all parties to the conversation.
- sell access to or use of any services available on dentalpracticesonline.com site.
- interfere with anyone's use or enjoyment of dentalpracticesonline.com site.
- harm minors in any way.
- fail to respond to customer, copyright or trademark holders' questions within 3 business days.
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons and creating "Crush" sites.
- use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond our site.
8. Third Party Content
For your convenience, the Service, which includes the dentalpracticesonline.com Web site, contains products, services, content and information from third party providers and/or links to their Web sites ("Third Party Content"). Such Third Party Content is not under the control of dentalpracticesonline.com and dentalpracticesonline.com is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content.
dentalpracticesonline.com is not and will not be responsible for
- the terms and conditions of any transaction between you and any third party,
- any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or
- the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release dentalpracticesonline.com (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8A. Website Content
Upon getting started with a website from dentalpracticesonline.com, the client is hereby transferred all liability as to site content. dentalpracticesonline.com will provide sample content for the client website. This content is the responsibility of the client. dentalpracticesonline.com will not be held liable for any content including pictures, links, text, or anything placed on the website that is deemed a liability in any way including copyright infringement or any explicit material.
9. End Users to Your site
Your relationship with your end users, "End Users" in this Agreement referring to any user who visits your site, is independent from dentalpracticesonline.com. dentalpracticesonline.com will be not be held liable for any disagreements between you and your End Users and will not get involved with any disputes arising from your relationship.
You agree to indemnify and hold dentalpracticesonline.com, rebranders, cobranders, and its suppliers, affiliates, partners, subsidiaries, directors, shareholders and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to
- your breach of this Agreement;
- any information (including but not limited to your data and your publicly posted information) submitted, posted, or otherwise provided by you at your site and/or to dentalpracticesonline.com and/or its affiliates;
- any dispute or litigation between an Indemnified Party and a third party caused by your actions; and
- your negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of your relationship with dentalpracticesonline.com or your use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of dentalpracticesonline.com and /or its suppliers, affiliates, partners, subsidiaries and employees.
11. Indemnification by Customer
You will defend, indemnify and hold dentalpracticesonline.com harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) associated with any claim or action brought against dentalpracticesonline.com that arises directly or indirectly from you or your end-users, or the content of such end-user's web site, contrary to the provisions of this Agreement, including claims based on representations, warranties, or misrepresentations made by you, provided that dentalpracticesonline.com promptly notifies you in writing of the claim and allows you to control and fully cooperate with you in the defence and all related settlement negotiations. You shall be relieved of its indemnification obligations under this Agreement to the extent it is actually prejudiced by dentalpracticesonline.com failure to provide such notice or cooperation. You shall have no liability for any settlement or compromise made without its prior written consent, although such consent not to be unreasonably withheld.
dentalpracticesonline.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You should periodically review these Terms for changes. Your continued use of the site and the services following the posting of any changes confirms your agreement with such changes. You agree that dentalpracticesonline.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
13. Proprietary Rights to Content
You agree that Content presented through our site by dentalpracticesonline.com, its advertisers, or others, including all text, graphics, logos, button icons, images, audio files, software, data compilations and other intellectual property, is owned by dentalpracticesonline.com or its licensees and is protected by copyright, trade-mark, service mark, patent, or other proprietary rights and laws. You agree not to otherwise copy, change, upload, transmit, sell or distribute any content available through dentalpracticesonline.com's site, including code and software, except standard page caching which occurs in the normal course of browsing. By way of example, you agree not to use any trade names or trademarks displayed on any other web site you operate such as in the meta-data of such web site. Except as expressly authorized by dentalpracticesonline.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, in whole or in part. You also agree not to record or otherwise make a copy of audio content on the site unless you have the permission of all parties to the conversation to do so.
14. Your Grant of Limited License
By posting or submitting content to the site, you (a) grant to dentalpracticesonline.com and its affiliates and licensees the royalty free, non-exclusive right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose; (b) warrant and represent that you own or otherwise control all of the rights to the content and that the public posting and use of your content by dentalpracticesonline.com will not infringe or violate the rights of any third party; and (c) waive all moral rights that you have in the content and warrant and represent that all other authors and creators of the content have also waived their moral rights in and to the content.
15. External Links
dentalpracticesonline.com's site may contain links to other sites. You agree that dentalpracticesonline.com does not endorse any other sites and is not liable for any loss or damages related to the content, products or services available through those sites.
If any provision of this Agreement shall be held illegal, unenforceable, or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
You will be fully responsible for maintaining the confidentiality of your passwords, and you will notify dentalpracticesonline.com immediately if you believe that the security of your account has been compromised. dentalpracticesonline.com DOES NOT REPRESENT OR IN ANY WAY WARRANT THAT ACCOUNT INFORMATION WILL REMAIN SECURE AND dentalpracticesonline.com SHALL NOT BE LIABLE FOR LOSSES OR DAMAGES RESULTING FROM ANY SECURITY BREACHES.
18. Limitation of Liability
IN NO EVENT SHALL dentalpracticesonline.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF dentalpracticesonline.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH
- THE USE OR INABILITY TO USE THE SERVICE,
- THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
- FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE,
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL dentalpracticesonline.com's AGGREGATE LIABILITY TO YOU AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT YOU ACTUALLY PAY TO dentalpracticesonline.com UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS. Without limiting the foregoing, neither dentalpracticesonline.com nor its suppliers is responsible for any of your data residing on the Service or dentalpracticesonline.com suppliers' hardware. You are responsible for backing-up your data and information that may reside on the Service or dentalpracticesonline.com's suppliers' hardware, whether or not such information is produced through the use of the Service. It is your responsibility to take the necessary steps to ensure that your primary means of business is maintained (if applicable).
These Terms are governed by the laws of the New South Wales. No action or proceeding may be commenced or maintained in relation to the site, the Services or these Terms except in a court of appropriate jurisdiction in the Commonwealth of Australia and you hereby irrevocably agree to attorn to the jurisdiction of such courts.
THE SITE DOES NOT PROVIDE MEDICAL ADVICE
The content on the Website, such as text, graphics, images, information obtained from licensors, and other material contained on the Website are for informational purposes only. An individual’s physical state, medical status and health requirements are not considered and thus Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
If you think you may have a medical emergency, call your doctor. We not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by us, our employees, others appearing on the Site at their invitation, or other visitors to the Site is solely at your own risk.
dentalpracticesonline.com does not give, or purport to give, any medical advice.