TERMS AND CONDITIONS

General Dental Residency is a platform for connecting dental students, oral health therapists, dentists and specialists and those in the dental industry with a sense of community, support, mentorship, inspiration and continuing professional development courses to assist them with continued dental education ( Services).

These terms and conditions ( Terms ) are entered into between General Dental Residency Pty Ltd ABN 31 633 265 648 ( we, us or our) and you ( Member ), together the Parties and each a Party. In these Terms, you (Member) means (as applicable) the individual accessing or using the Platform. These Terms supplement and incorporate our Privacy Policy and Website Terms of Use posted on www.generaldentalresidency.com.au ( Platform ) and other channels or addresses, including social media, which allow for viewing of Services and you to connect (collectively, Platforms)

If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

Acceptance

You accept these Terms by checking the box and clicking “I accept” when registering on the
Platform or by using the Platform.

We may amend these Terms at any time, by providing written notice to you. By continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended terms. If you do not agree to the amendment, you may terminate these Terms by contacting us using the contact details at the bottom of the Terms and asking us to delete your

Account, as defined below.

Platform Summary

A member wanting to find CPD courses can use the Platform to view and browse events. A member may register for a Course through the Platform ( Registration). You can also connect with the community via our community group on

https://www.facebook.com/groups/generaldentalstudyclub.

Accounts

A CPD Provider must register on the Platform and create an account (Account) to access the Platform’s features.

You may use the Platform without creating an Account. If you want to access the Platform’s extra features, you will need to create an Account. You must provide basic information when registering for an Account including your business name (if applicable), contact name and email address and you must choose a username and password. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights. You may also register for an Account using your Facebook or other social media network account ( Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain basic information on your Social Media Account.

Once you have registered an Account, your Account information will be used to create a profile which you may then curate.

You agree to provide accurate, current and complete information during the registration process and regularly update such information to keep it accurate, current and complete.

Your Account is personal and you must not transfer it to others, except with our written permission. If a legal entity such as a company has created an account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer the ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account.

You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorized use of your Account.

We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of the services and threshold of reviews.

Payment

It is free to register create an Account on the Platform. As a CPD Provider, you agree to pay the relevant fees set out on the Platform (Listing Course Fees) for any Listing you purchase at the time you request to make a Listing. Payment will be processed at the time you purchase a Listing. To the extent permitted by law, our Listing Fee is non-refundable and includes the payment processing fee.

As a Member Dentist, if you register for a Course through the Platform, you agree to pay the relevant fees set out on the Listing (Course Fee) at the time of Registration. Payment will be processed at the time of Registration.

In consideration for providing the Platform, we will charge the service fees (including any third party payment processing fees) as set out on the Platform (Service Fee). To the extent permitted by law, our Service Fee is non-refundable, includes the payment processing fees, and will be included in the Course Fee.

General

We provide a number of payment methods on the Platform, including our third party payment processors. The payment method you choose may be subject to additional terms and conditions imposed by the applicable third party payment processor. By making payment through a third party payment processor, you accept the applicable terms and conditions.

In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the payment.

Refunds and Cancellation Policy

Deposits (10%) for any Residency program are non-refundable.

If a Member requests a refund and cancellation these rules apply:

If a cancellation is made greater than 8 weeks prior to the course commencement date, fee courses can be credited once towards a future gDR event (within 12 months) or transferred to a clinician or refunded minus a 10% administration fee

If the cancellation fee is credited once towards a future gDR event and you cancel the future gDR event placement, no further credits will be issued and the fee is forfeited.

If a cancellation is made 4 to 8 weeks prior to the course commencement date are subject to a 25% administration fee of the Course Price

If a cancellation is made within 4 weeks prior to the course start date are subject to a 100% administration fee of the Course Price

Where no notice of cancellation is given, no refund will be issued

Where the aforementioned categories do not apply, we have the ability to evaluate Refunds and Cancellations on a case by case basis

If a Course is cancelled, rescheduled or significantly relocated we will do our best to reorganise an event that you would be able to attend. In exceptional circumstances, including but not limited to, a cyber-attack, data breach, weather-related natural disaster, pandemic or other health emergency, we will work with you to organise a full refund.

If we cancel, reschedule or relocate a Course (and you are not able to attend a rescheduled or relocated event), we will work with you to provide a refund or exchange if you are eligible for a refund under the Australian Consumer Law, as described in more detail below;

If we cancel, reschedule or relocate a Course, we will notify you as soon as practicably possible and operate under the assumption that you will be attending and are not eligible for a refund;

If you agree that we may debit your account with our third party payment processor for the relevant amount to return funds to you who is entitled to refund.

General Media Release

By agreeing to our terms and conditions, you grant permission to General Dental Residency Pty Ltd to photograph me, take motion pictures of me, take video footage of me, and/or make electronic sound recordings of me [herein referred to as “Media”].

I authorise the use of Media or electronic production of me for any purpose, including but not limited to education and promotion as may be deemed appropriate by General Dental Residency Pty Ltd. I understand that I may be identifiable from such Media.

Use of Media may include, but not limited to, the following:

Videos • Emails • Brochures • Newsletters • Magazines

General Publications • Social Media • Website and/or Affiliates

I waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with the Media now or in the future, whether that use is known to me or unknown, and I waive any right to compensation arising from or related to the use of Media.

Extraordinary Events

In the case of an extraordinary event, such as, but not limited to, a cyber-attack, data breach, weather-related natural disaster, pandemic or other health emergency, where an Event or Course is cancelled (whether or not rescheduled), we are not responsible for any losses related to any travel or accommodation (Secondary Expenses) that you have incurred in connection with your planned attendance at the Event or Course. Secondary Expenses include any financial and economic costs, as well as any related health, reputational, or other losses and impacts that you may experience as a result of an Event or Course cancellation. We will evaluate refunds for the cost of any cancelled Event or Course itself due to an extraordinary event on a case-by-case basis depending on what we deem reasonable at the time.

Availability and Cancellation

We reserve the right to cancel a Registration, at any time before an event, if the Registration was subject to an error on our Platform (for example, in relation to a Course description or price). If an error occurs, we will contact the Member using the details provided at the time of Registration and endeavour to provide the member the option of registering again for the correct price (if any) or providing a refund.

If you request us to reprocess your Registration(s) due to an error on your behalf, we may charge you any additional fees incurred in reprocessing your Registration (including chargeback fees or other fees incurred by our third party payment provider).

Content

We may allow you to (1) post, upload, publish, send or receive relevant content and information, including Reviews and Listings (

User Content) on or through our Platform; and/or (2) access and view User Content and the content and information we make available on the Platform.

Unless otherwise indicated, we own or licence all rights, title and interest (including Intellectual Property Rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.

You must not, without the prior written consent from us or the owner of the Content (as applicable) or except as expressly permitted by these Terms, (1) copy or use, in whole or in part, any Content; (2) reproduce, reverse engineer, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or (3) breach any Intellectual Property Rights connected with our Platform, including by altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website, or creating derivative works from the Content.

Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform and access and view any Content, in accordance with these Terms. All other uses are prohibited without our prior written consent.

You grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty free, sublicensable and transferable right and licence to use, view, distribute, communicate, copy, store, modify and exploit in any manner the User Content to provide the Platform and promote the Platform in any media or promotional material.

You agree that you are solely responsible for all User Content that you make available on or through our Platform.
You represent and warrant that (1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and (2) neither the User Content nor the posting, uploading, publication, sending or receiving of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Despite anything to the contrary, to the maximum extent permitted by law, you agree to indemnify us and hold us harmless in respect of any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with the User Content you make available on or through the Platform, including as a result of an Intellectual Property Breach as defined in the Australian Intellectual Property Code.

The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, to the extent permitted by law, we make no representation or warranty regarding the Content. The Content is subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Australian Consumer Law

Certain legislation, including the Australian Consumer Law ( ACL) in the Competition and Consumer Act 2010(Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified ( Statutory Rights).

If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.

Subject to your Statutory Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.

As a member, the goods and services provided by a CPD Provider may also confer on you certain rights under the ACL.

This clause will survive the termination or expiry of these Terms.

Exclusions to liability

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

loss of, or damage to, any property or any injury to or loss to any person;

your or your personnel’s acts or omissions;

any use or application of the Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;

any aspect of the member interaction including the Courses offered, the description of the Courses offered or the provision of the Courses;

any works, services, goods, materials or items which do not form part of the Services (as expressed in these Terms), or which have not been provided by us;

any third parties or any goods and services provided by third parties, including customers, end users, suppliers, transportation or logistics Providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;

the Services being unavailable, or any delay in us providing the Services to you, for whatever reason; and/or

any event outside of our reasonable control.

Limitations on liability

Despite anything to the contrary, to the maximum extent permitted by law:

we will not be liable for Consequential Loss;

our liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of you (or any of your personnel); and

our aggregate liability for any Liability arising from or in connection with these Terms will be limited to, and must not exceed $100.

This clause will survive the termination or expiry of these Terms.

Termination

Your Account and these Terms may be terminated by you at any time by contacting us using the contact details at the bottom of these Terms.

We may terminate these Terms at any time by giving notice to you ( Termination for Convenience ).

We may suspend your Account or terminate these Terms immediately upon written notice to you, if:

you (or any of your personnel) breach any provision of these Terms and that breach has not been remedied within 10 business days of being notified by us;

as a CPD Provider you repeatedly receive negative Reviews;

there is any reason outside our control which has the effect of compromising our ability to provide the Services; or

you are unable to pay your debts as they fall due.

These Terms will terminate immediately upon written notice by you, if we:

are in breach of a material term of these Terms, and that breach has not been remedied within 10 business days of being notified by you; or

are unable to pay our debts as they fall due.

Upon expiry or termination of these Terms:

we will remove your access to the Platforms;

we will immediately cease providing the Services;

you agree that other than where termination is due to our Termination for Convenience any payments made by you to us are not refundable to you; and

where we terminate the Terms for any reason other than a Termination for Convenience, you also agree to pay us our additional costs arising from, or in connection with, such termination.

Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

This clause will survive the termination or expiry of these Terms.

General

Assignment: You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent.

Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a member and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of Victoria to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

Email: You agree that we are able to send electronic mail to you and receive electronic mail from you by providing us with your email address. You release us from any Liability you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

Force Majeure: We will not be liable for any delay or failure to perform our obligations under these Terms if such delay is due to any circumstance beyond our reasonable control including, but not limited to, a cyber-attack, data breach, weather-related natural disaster, pandemic or other health emergency.

Governing law: These Terms are governed by, interpreted, and construed in accordance with the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts without regard to the choice-of-law principles thereof.

Notices: Any notice given under these Terms must be in writing addressed to us at the address at the end of these Terms or to you at the address in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Definitions

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Intellectual Property means any domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.

Intellectual Property Breach means any breach by you (or any of your Personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

For any questions or notices, please contact us at:

General Dental Residency Pty Ltd ABN: 31 633 265 648

Email: [email protected]

Last update: 03 July 2023

GENERAL DENTAL RESIDENCY

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