TERMS OF USE

 

1. About this Website

 

This website is published by Overseas Medical Pty Ltd (ACN 605 181 057) (Overseas Dental Solutions).

 

Your use of www.overseasdentalsolutions.com.au (Website) is subject to these terms and conditions (Terms). If you do not accept these Terms, you must refrain from using the Website.

 

2. Website content and access

 

While Overseas Dental Solutions Endeavour’s to take reasonable care in preparing and maintaining the information on the Website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the Website content. You acknowledge and accept that the Website content may include technical inaccuracies and typographical errors. The Website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

 

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, Overseas Dental Solutions disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Website and the Website content.

 

Overseas Dental Solutions does not guarantee that access to the Website will be uninterrupted or that the Website is free from viruses or anything else which may damage any computer which accesses the Website or any data on such a computer.

 

3. Liability

 

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

 

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

 

These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

 

(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired; and

(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.

 

4. Intellectual Property

 

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.

 

By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.

 

You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

 

The license in clause 4.3 will survive any termination of these Terms.

 

You represent and warrant to us that you have all necessary rights to grant the licenses and consents set out in clauses 4.2 and 4.3.

 

5. Links to other websites

 

This Website may contain links to other websites, content or resources, which are owned or operated by third parties. These linked websites are not under Overseas Dental Solutions control and Overseas Dental Solutions is not responsible for the operation, availability or contents of any linked website or any link contained in a linked website. Overseas Dental Solutions provides these links to you for convenience only and the inclusion of any link does not imply Overseas Dental Solutions endorsement of the linked website. You access linked websites at your own risk. Subject to any non-excludable rights, Overseas Dental Solutions disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise of any materials or information contained on linked websites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

 

Overseas Dental Solutions reserves the right to prevent third parties from linking to this Website.

 

6. Interference with Website

 

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website.

 

7. Indemnity

 

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless, Overseas Dental Solutions, Overseas Dental Solutions’ officers, directors, employees, contractors, agents or related bodies corporate (as that term is defined in the Corporations Act 2001 (Cth)) for any liabilities, claims, demands, losses, costs and expenses (including without limitation legal costs), or for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from:

 

(a) your use of and access to the Website;
(b) your violation of any third party right, including any copyright, property, or privacy right;
(c) any breach of your obligations under these Terms; and
(d) any other scenario contemplated by these Terms.

 

The indemnities referred to in this clause 7 shall survive the termination of these Terms and Conditions and your use of the Websites.

 

8. Secure data and transmissions

 

Given the nature of the internet, Overseas Dental Solutions cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and Overseas Dental Solutions does not warrant that your access to the Website will be uninterrupted, error free or that any defects will be corrected. Whilst Overseas Dental Solutions and its third parties take precautions to protect information, Overseas Dental Solutions does not warrant and cannot ensure the security of any content or information you transmit via the Website. You therefore transmit to the Website and use the Website solely at your risk.

 

You must take your own precautions to ensure that the process which you use to access the Website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither Overseas Dental Solutions nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website, any website or any linked website.

 

9. Cookies

 

Cookies may be used on this Website to gather data in relation to this Website and you consent to this (although you may be able to disable cookies on your web browser).

 

10. Privacy Policy

 

Overseas Dental Solution’s Privacy Policy (Privacy Policy) forms part of these Terms. The Privacy Policy is available on this website explains how your personal information is collected and managed in accordance with the Australian Privacy Principles contained in the Privacy Act 1988 (Cth).

 

11. Waiver

 

Failure by Overseas Dental Solutions to enforce any term, warranty or condition contained in these Terms shall not be deemed as a waiver of that right or any other right Overseas Dental Solutions may have and no expressed waiver shall be deemed a waiver of any subsequent breach of any term, warranty or condition.

 

12. Notice

 

Any notice to be given by you to Overseas Dental Solutions shall be sent to Overseas Dental Solutions’ address that appears on the Website, or as otherwise notified to you by Overseas Dental Solutions. No notice shall be deemed to be given until it is actually received at such address.

 

13. Severance

 

Any provision of these Terms which is invalid or unenforceable will be read down to the degree that it is invalid or unenforceable.

 

14. Governing Law

 

You agree that all connections, associations, agreements or contracts made with Overseas Dental Solutions shall be deemed to be made in the State of Victoria, Australia and these Terms are governed by the laws of the State of Victoria, Australia and the parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from these courts.

 

15. Force Majeure

 

If the performance of Overseas Dental Solutions obligations under these Terms is prevented, restricted or affected by a force majeure including but not limited to strike, lock out, breakdown of software or hardware equipment or any other cause beyond the reasonable control of Overseas Dental Solutions, Overseas Dental Solutions will not be liable for any loss or damage suffered by you or any other person.

 

16. Amendment

 

Overseas Dental Solutions reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon publication on the Website. Your continued use of the Website, following such publication, will represent an acceptance by you to be bound by these Terms as amended.

 

Enquiries

 

If you have any queries please contact customer service on 03 9459 3037 or email privacy@odsdental.com.au

Overseas Medical Solutions Pty Ltd (ACN 605 181 057)
Head Office: Rosanna Melbourne, Victoria Australia 3084
Phone: +61 (03) 9459 3037
Email: admin@odsdental.com.au

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