In these terms of service:
(a) headings in bold type are for convenience only and do not affect the interpretation of these terms of service;
(b) words of any gender include all genders;
(c) an expression referring to a person includes any company, partnership, joint venture, association, corporation or other body corporate and any governmental agency as well as an individual;
(d) a reference to any legislation, regulations, binding directions issued by government agencies, mandatory codes of conduct, or similar, includes all delegated instruments made under them and any amendments, consolidations, replacements or re-enactments of any of them;
(e) a reference to a day means the period of time commencing at midnight and ending 24 hours later;
(f) a reference to $ is to United States Dollars currency unless denominated otherwise; and
(g) specifying anything in these terms of service after the words “include” or “for example” or similar expressions does not limit what else is included.
(a) These are binding terms: By accessing or using the inDentals Service:
(1) you agree to be bound by these terms of service. If you disagree with any part of these terms of service then you may not access the inDentals Service; and
(2) you confirm that you can form a binding contract with us, that you accept these terms of service and that you agree to comply with them.
(c) Jurisdiction Specific Terms: If you access or use the inDentals Service from a jurisdiction for which there are Jurisdiction Specific Terms, you also hereby agree to the specific terms applicable to each relevant jurisdiction and in the event of a conflict between the provisions of these terms of service and the Jurisdiction Specific Terms, the Jurisdiction Specific Terms will prevail to the extent of the inconsistency.
(d) You are the authorised representative of a business (if relevant): If you are accessing the Service on behalf of a business or entity then you represent and warrant that you are an authorised representative of the business or the entity with the authority to bind the entity to these terms of service, and that you agree to these terms of service on the entity’s behalf.
(e) Eligibility: You warrant that you are at least 18 years old and you are legally capable of entering into binding contracts. If you are under 18 years old, you must obtain the consent from your parent or guardian for you to use the inDentals Service and they agree to be bound by these terms of service on your behalf.
(a) When a Free Plan starts and ends: A Free Plan will begin when these terms of service are accepted by you (or, if applicable, the date that your Paid Plan automatically converts to a Free Plan, as set out below) and will continue until you cancel on the Billing Page.
(b) When a Paid Plan starts and ends: A Paid Plan will begin when you have selected the relevant ‘Paid Plan’ option (including whether you are on a monthly or an annual billing cycle) and when these terms of service are accepted by you, and will continue until you cancel your Paid Plan on the Billing Page. Where you cancel your Paid Plan:
(1) your Paid Plan will continue until the end of the current billing cycle that applies to your Paid Plan; and
(2) at the end of that billing cycle, your Paid Plan will automatically convert to a Free Plan.
(c) Refunds on cancellation of Paid Plan: we do not refund or accept cancellation of your payment however; we do understand that sometimes your requirements may change. If you have selected a Paid Plan but then cancel the Paid Plan on the Billing Page within 24 hours after you have accepted these terms of service:
(d) We can cancel or suspend your plan: Please note that these terms of service allow us to suspend or cancel your Free Plan or Paid Plan in certain circumstances (for example, see clause 16). Also, if we do not receive payment for your Paid Plan in accordance with clause 8, we reserve the right to cancel your Paid Plan.
(a) We can change these terms of service: We may change or replace these terms of service at any time if the change is necessary to reflect changed or added functionality of the inDentals Service, for compliance with law, for reasonable commercial reasons, or otherwise to protect our legitimate interests.
(b) We may notify you of certain changes to the terms of service: If a change to these terms of service may have a material negative effect on you, we will use our best efforts to advise you of the change in advance (for example, by providing a notification on the Website, app), and we will aim to do so least 14 day prior to any new terms taking effect.
(c) You must check these terms of service for changes: It is your responsibility to check these terms of service from time to time for any changes. If you do not agree with any of the changes to these terms of service, it is your responsibility to stop using the inDentals Service and/or cancel in accordance with clause 3.
(d) Your continued use deemed to be acceptance: Your continued use of the inDentals Service will be deemed as your acceptance of any changes to these terms of service, as described above.
(e) We can change the inDentals Service and functionality: You acknowledge that the inDentals Service is constantly evolving, and we may change parts of the inDentals Service and its functionality from time to time.
(a) You must create an account to use the inDentals Service: To access or use our inDentals Service, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and update your details and any other information that you provide to us.
(b) You must maintain your password: You agree not to disclose your password to any third party, and you are responsible for safeguarding the password that you use. You will be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
(c) You must choose an appropriate username: You may not use, as a username, the name of another person (for example, the name of well-known personalities or a name to which you have no connection), brand, or entity, a name that is not lawfully available for use, or a trade name that is subject to any rights of another person or entity, or a name that is offensive, vulgar, or obscene. In the event that issues arise over the use of particular usernames, for example where another person claims that your username appropriates their name, we will consider the circumstances reasonably and may require you to change your username (and we may then reassign your username). If we have asked you to do this and you refuse, we may suspend or cancel your user account. Importantly, and without impacting the above, we do not permit ‘domain squatting’ or ‘domain parking’ or similar, and we may reclaim and reallocate usernames that we reasonably believe have been created for these purposes. You can raise any concerns with us relating to usernames – see clause 16(b) for details.
(d) Your responsibilities regarding the use of your account: You must not use your user account or allow it to be used in a way which may (in our opinion) cause damage to or impair the inDentals Service or our reputation, or infringe or violate any third party rights, or violate any applicable laws or regulations.
(a) Your right to add Content: You may post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material to/on the Page that you create using the inDentals Service (Content). You are responsible for the Content, including its legality, reliability, and appropriateness. Where any third party owns any of the Content, you are also responsible for ensuring that you have all rights (including any licences) needed to allow you to make available that Content on the profile and the inDentals Service.
(b) You grant us a license to use and display your Content: By posting Content to the inDentals Service, you grant us the right and license to use, publicly display and distribute such Content on and through the inDentals Service and you confirm that you have all third party rights and licences necessary to post that Content. You retain any and all of your rights to any Content you submit, post or display on or through the inDentals Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the inDentals Service, who may also use your Content subject to these terms of service.
(c) Your responsibilities in posting Content: You agree that:
(d) Keeping records: You agree to keep all records necessary to establish that your Content does not violate any of the requirements of this clause 6 and make such records available upon our reasonable request.
(e) Our right to monitor and modify your Content: We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the inDentals Service. We reserve the right to modify or remove any Content at any time.
(f) You accept risk of public disclosure: You acknowledge and agree that all Content you provide on the inDentals Service will be publicly available information and you bear the risks involved with such public disclosures.
(g) We can use your Content to promote the inDentals Service: We may choose to feature your Page and Content (but not your registered trademarks or personal information, unless you agree in writing) on our Website or otherwise to promote the inDentals Service. You grant to us a royalty-free, worldwide, perpetual license to use such Content for such purposes.
Your access to and use of the inDentals Service is subject to these terms of service and all applicable laws and regulations. We are also committed to ensuring that the inDentals Service is safe for all users and does not provide a platform for inappropriate Content or user behaviour. Where there is any genuine and reasonable allegation from a third party (including any law enforcement agency) that your conduct may have breached these terms of service, we reserve the right to cooperate with that third party.
With this in mind, you must not:
(a) access or use the inDentals Service if you are not fully able and legally competent to agree to these terms of service;
(b) make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile, extract information from or create any derivative worksof the inDentals Service or any content included, including any files, tables or documentation (or any portion of these) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the inDentals Service or any derivative works of the inDentals Service (or authorise any other person to do so on your behalf);
(c) distribute, license, transfer, or sell, all or any part of any of the inDentals Service or any derivative works thereof, except that you may re-sell the inDentals Service to a limited class of persons if we have expressly given consent for such activity to you in writing (and, if we do give consent, we may also include conditions to such consent, which you must comply with);
(d) market, rent or lease the inDentals Service for a fee or charge, or use the inDentals Service to advertise or perform any commercial solicitation, except that you may market the inDentals Service to a limited class of persons if we have expressly given consent for such activity to you in writing;
(e) use the inDentals Service, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
(f) interfere with or attempt to interfere with the proper working of the inDentals Service, disrupt the Website or any networks connected to the inDentals Service, or bypass any measures we may use to prevent or restrict access to the inDentals Service;
(g) incorporate the inDentals Service or any portion of it into any other program or product, except as may be agreed separately with us in writing;
(h) use, or authorise others to use, automated scripts or other scraping tools to collect information from your Page, or the inDentals Service, or otherwise interact with the inDentals Service;
(i) impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available comes from the inDentals Service;
(j) intimidate or harass another person, or promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age on your Page, your account, or on or through any links on your Page;
(k) include any sexually explicit material (including pictures and language) on your Page itself or your account itself;
(l) use or attempt to use another’s account, service or system without authorisation from us, or create a false identity on the inDentals Service;
(m) use the inDentals Service in a manner that may create a conflict of interest or undermine the purposes of the inDentals Service, such as trading reviews with other users or writing or soliciting fake reviews; or
(n) use the inDentals Service to upload, transmit, distribute, store, or otherwise make available in any way:
(a) Paying your fees: You must pay to us the fees that you agreed to pay for a Paid Plan.
(b) How you will be billed: If you are on a Paid Plan, you will be billed in advance on a recurring and periodic basis, depending on your billing cycle. Billing cycles are set either on a monthly or annual basis, depending on the type of plan you select when opting for your Paid Plan.
(c) Paid Plans are automatically renewed: At the end of each billing cycle, your Paid Plan will automatically renew under these terms of service that exist as at the renewal date unless you or we have cancelled the Paid Plan under these terms of service.
(d) Payments must be made with accurate billing information: A valid payment method, including credit card, is required to process the payment for your Paid Plan. You will provide us with accurate and complete billing information including full name, address, state, zip code, and a valid payment method information. By submitting such payment information, you automatically authorize us to charge all fees incurred through your account to any such payment instruments.
(e) Electronic invoices in lieu of automatic billing: If automatic billing fails to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing cycle as indicated on the invoice.
(f) Taxes: Unless otherwise stated, all fees are inclusive of transactional taxes (ie GST/VAT). You are responsible for paying all other (if any) external fees and taxes, including withholding taxes if they apply, associated with your use of the inDentals Service wherever levied. We may collect geographic information from you for these purposes, and all geographic information that you provide to us (if any) must be accurate.
(a) Our Intellectual Property Rights: All Intellectual Property Rights in the inDentals Service, the Website, and their content (excluding your Content, but including the inDentals Content), features and functionality are and will remain our (or our licensors’) exclusive property, and you will not challenge such ownership.
(b) No transfer of our Intellectual Property Rights to you: The inDentals Service is protected by copyright, trade mark, and other laws of both Australia and foreign countries. Our trade marks and trade names and ‘get up’ may not be used in connection with any product or service without our prior written consent. Nothing in these terms of service constitutes a transfer of any Intellectual Property Rights from us to you.
(c) Your limited rights to use the inDentals Service: You are permitted to use the inDentals Service only as authorized by us (which includes use in accordance with these terms and conditions). As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the inDentals Service to create, display, use, play, and upload Content subject to these terms of service.
(d) How the inDentals Service must not be used: You must not use the inDentals Service in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.
(e) Responsibility for material posted: Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.
(f) Your responsibilities in using inDentals Content: If we provide you with any images, icons, video, graphics, or other content (inDentals Content) for you to use in connection with the inDentals Service, you must:
(1) only use such inDentals Content on your Page and not anywhere else;
(2) comply with any reasonable written guidelines or terms, which may be the guidelines or terms of a third party, in relation to the inDentals Content that we provide to you.
(a) Our data, and guardianship of our data: All data (and any Intellectual Property Rights in data) that we or the inDentals Service create or generate based on your use (or End Users’, or other users’ use) of the inDentals Service or the Content (Data) will be owned by us and you will not dispute such ownership.
(b) We may provide you with Data: We may provide Data or visualisations of Data to you as part of the inDentals Service (Data Analytics). We make no representations or warranties as to the accuracy or completeness of the Data Analytics, but we will try to make it as accurate and complete as we can.
(a) You must protect confidential information provided to you: If we share information about the inDentals Service with you that is confidential, or that a reasonable person would consider is confidential, you must keep it confidential and use reasonable security measures to prevent unauthorised disclosure of or access to that information.
(b) Our responsibilities regarding Feedback: If you choose to contribute to the inDentals Service by sending us any ideas for new products, services, features, modifications, enhancements, content, offerings, promotions, computer code, or any other materials (Feedback), then regardless of what your communication may say:
Your Page may have its own visitors and customers (End Users). The way in which the End Users use and interact with your Page and your Content (as distinct from our obligations to you in these terms of service in respect of the inDentals Service itself) is your responsibility. This responsibility includes compliance with all laws and regulations in relation to End Users, and the supply of products and services (if any) to End Users.
(a) We are not liable for damages: You agree that we will not be liable for any damages suffered as a result of using the inDentals Service, or copying, distributing, or downloading Content from the inDentals Service.
(b) No liability for certain types of damage for breach of contract or tort: In no event will you or we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort (including negligence), even if the relevant party has been previously advised of the possibility of such damage.
(c) You are responsible for your use of the inDentals Service: You have sole responsibility for adequate security protection and backup of data, Content, and/or equipment used in connection with your usage of the inDentals Service and will not make a claim against us for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the inDentals Service. You must not assign or otherwise dispose of your account to any other person.
(d) Indemnity: You will indemnify us against any loss suffered by us that arises in connection with a breach by you of these terms of service (including clause 7), or a third-party claim made against us in relation to your Content.
(e) Limitation of our liability to you: In no event will our liability to you under or in connection with these terms of service or the inDentals Service exceed the greater of the fees actually paid by you to us at the time the liability purportedly arose, or [$100]. This limitation applies regardless of whether your claim against us is based on contract, negligence, other torts or otherwise.
(a) You use the inDentals Service at your own risk: Your use of the inDentals Service is at your sole risk. The inDentals Service is provided on an "AS IS" and "AS AVAILABLE" basis. The inDentals Service is provided without warranties of any kind, whether express or implied, including, but not limited to, up-time or availability, or implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
(b) We make no warranties about the inDentals Service: We, our subsidiaries, affiliates and licensors do not warrant or represent that:
(c) Extent of this disclaimer: This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the inDentals Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
(d) We make no warranties about the content on the inDentals Service: We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the inDentals Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty, representation, or guarantee as to the effectiveness or profitability of the inDentals Service or that the operation of the inDentals Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the inDentals Service.
(e) We may provide access to third party services: We may at times include as part of or ancillary to the inDentals Service access to specific functionality or other services which are provided by third parties (for example, a payment portal).
(f) We do not exclude the application of laws that cannot be excluded: These terms of service (including the above provisions of this clause 14) apply to the maximum extent permitted by law. Nothing in these terms of service is intended to exclude, restrict or modify rights which you may have under any law, which may not be excluded, restricted or modified by agreement. If these terms of service are governed by the Australian Consumer Law, our liability to you for failure to comply with a consumer guarantee in respect of any services is limited to the re-supply of the services or payment in lieu of such re-supply.
(g) Beta functionality: We may from time to time make certain functionality of the inDentals Service available to you in beta (and this functionality will be marked as ‘beta’ or similar). We are still evaluating and testing such beta functionality and it may not be as reliable as our other parts of the inDentals Service.
(a) No endorsement of third party services: Unless we otherwise specifically state, we do not endorse (or make any warranties or representations in relation to) any third party product or service, and your use of that third party product or service may be subject to separate terms and conditions which you are responsible for reviewing and agreeing.
(b) Terms and conditions of third-party services: You will comply with the terms and conditions that you have either separately agreed to comply with or that we make it clear to you that you must comply with of any third-party service that you use in conjunction with the inDentals Service.
(c) No refunds: We do not offer refunds for any amounts you have paid to a third party.
(d) Suspension or cancellation of account: If you do not agree with the third-party terms and conditions, then we may suspend or cancel your user account or limit the relevant functionality.
(a) Our rights to suspend or cancel your account: If you do not comply with any of these terms of service (in particular, clauses 7 (Acceptable Use), and 9 (Intellectual Property)), we may suspend or cancel your user account or limit the functionality of the inDentals Service that you have access to. Depending on what the non-compliance is, we may not use this right to suspend or cancel, but if there is repeat non-compliance on your account, or a material non-compliance, we are likely to.
(b) Your rights to approach us with any issues: If you have any issues with our decision under clause 16(a), with the performance of the inDentals Service, or anything else in connection with these terms of service, please let us know by emailing us at support@inDentals.com (Issue Notice). Once we receive an Issue Notice, you and we will use all reasonable endeavours to resolve the issue in good faith. Neither of us will bring any legal proceedings or take any formal or public action in connection with the issue until we have spent at least 1 month from the date of the Issue Notice trying to resolve the issue in good faith.
(b) Severability: If any provision of these terms of service is invalid under the law of any jurisdiction, then the provision is enforceable in that jurisdiction to the extent that it is not invalid, and the to the extent it is not valid then it will be severed from these terms of service and the remainder of these terms of service will continue to apply with such amendments as are strictly necessary to reflect the severance.
(c) No waiver: Our failure to insist upon or enforce any provision of these terms of service will not be construed as a waiver of any provision or right.
Prior to accessing or using our Services, please read this policy and make sure you fully understand our practices in relation to your Personal Information. If you have any questions or concerns regarding this policy, please contact us at support@inDentals.com
We collect several different types of information for various purposes to provide and improve our Service to you.
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us via email support@InDentals.com
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Your IP address is never stored in our database, we use your IP to obtain general and anonymised data about your profile end users such as approximate geo-location e.g country, city.
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. We may use and store information about visitors to InDentals Profiles. This is anonymised and aggregated in high quantities, removing any Personally Identifiable information as we are interested in the ‘how’ more than the ‘who’.
Examples of Cookies we use:
InDentals Co., operating InDentals uses the collected data for various purposes:
Under certain circumstances, InDentals Co. may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
InDentals Co. may disclose your Personal Data in the good faith belief that such action is necessary to:
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
InDentals profiles are populated by the user’s who built the profile. Any links, images, websites, or text are not operated by InDentals and InDentals is not liable for anything you may click on.
All Registered Users have the option of creating a profile for themselves and to tell other users about themselves. You may provide additional information describing your credentials, professional experiences, academic background, biography and the like. You will be able to select which information you wish to display and to whom (connections, anyone) and any mandatory information will be indicated. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time. We may share information in your profile without your name and contact details with third parties. We do this for purposes such as aggregating how many registered people on the Site are, for example, endodontists, so that we can improve the Site
By clicking the Facebook connect, Google Connect and/or any other third-party social networking connection indicated within inDentals, users agree to import profile information located in that specific social network.
Searching for other users
Any registered user can use the people search function to search for other Registered Users. The search provides the full name, country and specialty of inDentals Registered User, but does not provide his or her full profile information, unless allowed by him/her. Registered Users only, will have the option of sending these users a request to connect as colleagues. Private messages, may be exchanged only among already connected to each other users.
Our Service does not address anyone or knowingly market to anyone under the age of 18 ("Children"). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.