Terms & Conditions

We may be CPD Junkies but rules are important and we aren’t joking here. Obvious stuff, all in writing below.

 

 

TERMS AND CONDITIONS

Welcome to our website! CPD Junkie is a platform to connect Australian dentists and those in the dental industry with continuing professional development courses to assist them with continuing dental education (Courses).

These terms and conditions (Terms) are entered into between 4Sight Dental Pty Ltd ABN 27 634 528 804 (we, us or our) and you, together the Parties and each a Party. These Terms supplement and incorporate our privacy policy and website terms of use posted on the Platform.

We provide a platform where providers of continuing professional development courses in the dental industry (CPD Providers) and dentists, other professionals in the dental industry and students studying dentistry (Dentists) can connect and transact (Platform). The Platform is available at www.cpdjunkie.com.au and via other channels or addresses.

In these Terms, you means (as applicable) (1) the person or entity registered with us as either a Dentist or a CPD Provider; or (2) the individual accessing or using the Platform.

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.

Platform summary

The Platform is a directory where Dentists can find Courses listed by CPD Providers and register for Courses. We provide the Platform to users (including hosting and maintaining the Platform) and assist Dentists and CPD Providers to form contracts for the provision of Courses, (together the CPD Junkie Services). You understand and agree that we only make available the Platform and the CPD Junkie Services. We are not party to any agreement entered into between a Dentist and a CPD Provider and we have no control over Courses or the conduct of CPD Providers, Dentists or any other users of the Platform.

CPD Providers may have their own terms and enter into written agreements in relation to their Courses.

A CPD Provider wanting to advertise a CPD course creates an Account on the Platform and chooses what type of listing they would like to purchase from us, based on the inclusions and pricing as set out on the Platform. The CPD Provider may then submit a request to post a listing they have created that contains an accurate and complete description of the Course they would like to list, including the date, time, location, price, required materials and a description of the event (Listing). We will review the CPD Provider’s request for a Listing before we approve the Listing. We may request additional information if required and if the CPD Provider does not provide us with the information we reasonably request, we may refuse to post the Listing, in which case, we will refund the CPD Provider any fees already paid for the Listing.

A Dentist wanting to find CPD courses can use the Platform to view and browse Listings. A Dentist may register for a Course through the Platform (Registration), and in some circumstances, may be able to click on a link to the CPD Provider’s website in a Listing and book a CPD course through the CPD Provider’s direct website. If you register and/or pay for a Course through the Platform, we will endeavour to inform the CPD Provider of your Registration within a reasonable time after your Registration. The CPD Provider is responsible for providing you with any information relevant to the Course, including any ticket if necessary. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the Course and any content on those websites. We recommend that you make your own investigations with respect to the suitability of the website and Courses.

Accounts

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

Dentists may use the Platform without creating an Account. If a Dentist wants to access the Platform’s extra features, the Dentist 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 unauthorised 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 an Account on the Platform, for CPD Providers to create free Listings and for other users to browse content on the Platform, including Listings.

As a CPD Provider, you agree to pay the relevant fees set out on the Platform (Listing Fee) 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 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.

Upon receipt of the Course Fees from the Dentist, we will hold the Course Fees on behalf of the CPD Provider until such time as they are paid to the CPD Provider, refunded to the Dentist (if the Dentist is entitled to a refund in accordance with these Terms) or paid to us as our Service Fee. We will pay the Course Fees to the CPD Provider on the 5th business day of each month, minus our Service Fee, for all Registrations that were made during the previous month.

General

We provide a number of payment methods on the Platform, including our third party payment processors, currently Stripe and PayPal. 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

The cancellation or refund of any Courses advertised on this Platform is strictly a matter between the relevant Dentist and CPD Provider. As a Dentist, you may contact a CPD Provider directly if you wish to apply for a refund, rescheduling of a Course or any credit.

If a Course is cancelled, rescheduled or significantly relocated by a CPD Provider, we will not be liable for, or cover the costs, of any other losses incurred by you as a result of the cancellation, rescheduling or relocation of a Course, including any travel and accommodation expenses. You must cover these yourself.

For disputes between Dentists and CPD Providers, we encourage the Parties to attempt to resolve disputes (including claims for refunds) with the other Party directly and in good faith. The Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

As a CPD Provider:

  • if you cancel, reschedule or relocate a Course (and a Dentist is not able to attend a rescheduled or relocated event), if a Dentist becomes eligible for a refund under the Australian Consumer Law or if you decided to provide a refund for any other reason, you will be responsible for providing a refund or exchange to such Dentists;
  • if you cancel, reschedule or relocated a Course, you must notify all Dentists as soon as practicably possible;
  • in the event you would like to provide a refund to a Dentist, you may contact us before we have paid the Course Fee to you, and we will assist you to facilitate a refund to the Dentist. If we incur any transaction fees from our third part payment processor, we will deduct these from our next monthly payment to you of the Course Fees;
  • where the Course Fees have been passed from us to you and a refund is payable, you agree to comply with our reasonable directions in relation to the refund and to pay such funds back to the Dentist; and
  • you agree that we may debit your account with our third party payment processor for the relevant amount to return funds to a Dentist who is entitled to refund.

Availability and Cancellation

We rely upon information from CPD Providers to revise Listings with any relevant updates, including as to course availability.

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 Dentist using the details provided at the time of Registration and endeavour to provide the Dentist 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).

Reviews

Dentists may review their experience with the CPD Provider on the Platform, including a Course they have attended (Review).

Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You can write a Review about a CPD Provider if you have had an experience with that CPD Provider, which means that (1) you have attended a Course that was listed on our Platform; or (2) you can otherwise document your interaction with the CPD Provider in relation to the Platform, including via correspondence (collectively referred to as Course Experience).

Your Course Experience must have occurred in the 12 months prior to you writing a Review.

You may only write about your own Course Experience. You are not permitted to write a Review about somebody else’s Course Experience, such as that of a family member or friend.

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 (CPD Junkie Content and together with User Content, Content).

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 of ourselves 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.

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.

Warranties

You represent, warrant and agree that:

  • you will not use our Platform, including the Content, in any way that competes with our business;
  • there are no legal restrictions preventing you from entering into these Terms;
  • all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
  • you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
  • you will be responsible for the use of any part of the Platform, and you must ensure that no person uses any part of the Platform: (1) to break any law or infringe any person’s rights (including Intellectual Property Rights) (2) to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or (3) in any way that damages, interferes with or interrupts the supply of the Platform;

Additional CPD Provider Obligations

As a CPD Provider, you represent, warrant and agree that:

  • you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Listings;
  • you are appropriately qualified, and have any required skills, knowledge or training, to provide the Courses;
  • you have the relevant insurances required by law to provide any Course you promote through the Platform;
  • you are solely responsible for determining which courses to provide, the type, timing, location, pricing and other details related to the provision of a Course; and
  • you will not rely on us for anything other than the CPD Junkie Services other than as expressly provided in the Terms.

As a CPD Provider you agree that:

  • you are responsible for the collection, use storage and otherwise dealing with personal information related to your business; and
  • we will provide you with access to Dentists’ information where necessary for you to provide your Course. You agree to only use such information in accordance with our reasonable instructions and for the sole purpose of providing your Course and to keep all the information in your possession safe and secure at all times and to establish, maintain and enforce appropriate policies, procedures and standards in order to protect the personal information.

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 Dentist, 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 CPD Junkie Services by a person or entity other than you, or other than as reasonably contemplated by these Terms;
  • any aspect of the Dentist and CPD Provider interaction including the Courses offered by the CPD Provider, 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 CPD Junkie 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 CPD Junkie Services being unavailable, or any delay in us providing the CPD Junkie Services to you, for whatever reason; and/or
  • any event outside of our reasonable control.

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

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 CPD Junkie 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 Platform;
  • we will immediately cease providing the CPD Junkie 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 Dentist and us, or a CPD Provider 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 New South Wales 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. 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.

Governing law: These Terms governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. 

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:

4Sight Dental Pty Ltd ABN 27 634 528 804

Email: [email protected]

Last update: 31 March

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