In these Terms of Use, the expressions 'we', 'us' and 'our' are a reference to Davidson Fisher Dental Pty Ltd ACN 664 187 731 trading as Mindset Dental. The expression 'you' and 'your' are a reference to you as the user of the website.

​

These Terms of Use apply to your access and use of the website northsidedentalsolutions.com.au and any affiliated websites (the website). In using the website, you agree to be bound by these Terms of Use. If you do not accept these Terms of Use, you must not access or use the website.

​

Use of the website

​

You may access and use the website and its content in accordance with these Terms of Use.

We do not promise you any of the following with respect to your use of the website:

​

• that you will have uninterrupted or error-free access to and use of the website, whether by the internet, WAP or any other method;

• that the content of the website is accurate, complete, or suitable for a particular purpose.  You must rely on your own judgment in relation to any matter of that type;

• that the website or any files available for downloading will be error free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through the website by an third party;

• that there will not be any unauthorised access to or use of our secure servers which may result in your personal information being accessed;

• that your internet or mobile service provider will allow you access to the website. You are responsible for ensuring your service provider will allow you access to the website and its content and for any costs and service fees associated with the access; and

• that your computer, mobile or other hardware devices will allow you access to the website. You are responsible for ensuring your devices will allow you access to the website and its content and for any costs and service fees associated with the access.

 

The website may provide links to websites and other online resources operated by third parties. You acknowledge and agree that we do not have any control over, and are not responsible or liable for, the content of any website or other online service operated by any third party.

​

Acceptable use

​

You must not use the website in a way which is excessive, unreasonable, unlawful, or harms or is likely to harm the integrity of the website or inhibits another user from accessing or using the website. What constitutes prohibited activity will be determined by us at our sole discretion. By way of guidance only, prohibited activity may include:

​

1. making the website available to any third party;

2. distributing or transmitting any part of the website (including its content) by any means;

3. interfering with the operation of the website or use of the website by any other person;

4. disproportionately consuming the resources of the website;

5. attempting to use the website or access information on the website other than as intended and through the ordinary function of the website;

6. attempting to circumvent any security or other limitations implemented on the website;

7. uploading trojans, viruses, or other malware to the website;

8. using or downloading content from the website by way of automated software;

9. uploading to, or distributing through, the website, any material which constitutes, encourages, enables or facilitates (as determined by us at our sole discretion):

      (a) hate speech;

      (b) discrimination on the basis of gender, disability, religion, or ethnicity;

      (c) defamation, harassment, or physical harm to any person;

      (d) content or activities of a sexual or explicit nature; or

      (e) any material or act which is illegal or morally questionable; or

   10. using the website in such a way that is likely to damage our brand and reputation.

​

Privacy

​

We will collect and use all personal information which you provide us through the website in accordance with our Privacy Policy available on the website.

​

Intellectual property rights

​

The intellectual property rights to the website and the material available therein are owned by or licensed to us. 

​

You may use and reproduce the material available through the website, provided that you:

​

1. keep the material confidential;

2. do not modify any notices or marks of origin on the material;

3. do not publish or distribute the material; and

4. do not make any claim of ownership or exclusivity to the material.

 

Except as expressly provided above, you may not copy, reproduce, republish, distribute, or otherwise deal in any way with the website or any of the material available on the website without our prior written consent.

​

Third Party Providers

​

We may engage third parties from time to time perform or provide a service in connection with the website including hosting, data warehousing, email, or security services, or to provide a component or service required for a feature of the website.

​

Some features of the website may require you to use a service provided by a third party provider. Your use of any such feature is at your sole discretion. However, if you elect not to use that feature, you may not obtain the full benefit of the website.

​

You acknowledge and agree that you will not hold us responsible or liable for any malicious or negligent act or omission of any third party provider.

​

Liability

​

To the extent provided by law, the website and the content therein is provided "as-is". We expressly disclaim all warranties or guarantees of any kind, whether express, implied, statutory, or arising out of the course of performance, course of dealing or usage of trade, including any warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title, or non-infringement.

​

We are not liable to you for any loss or damage arising, directly or indirectly, whether in contract, tort, statute, or otherwise, in respect of your use of the website (including any unavailability of the website) or any of the content therein, including, without limitation, loss of profit, loss of revenue, loss of contract value, loss of anticipated profit, loss of opportunity, loss of data, or any other special, indirect, or consequential loss. 

​

You represent and warrant that you have made your own independent enquiries and satisfied yourself in the absence of any representation, guarantee, or warranty from us, prior to any use of or reliance upon the website or any content therein.

​

Breach

​

If you breach, or we suspect that you have breached, any of these Terms of Use, we may, in addition to any other rights that we have under the Terms of Use (or any policy or other document incorporated herein), at law, or otherwise, require that you cease using the website, or take preventative steps so that you may no longer use the website.

​

You acknowledge and agree that any breach by you of these Terms of Use may cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining, in addition to any other remedies we may have in law or equity, any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. 

​

You indemnify, defend, and hold us and our directors, officers, employees, contractors, and agents, harmless against any claim, notice, demand, action, proceeding, litigation, investigation, judgment, damage, loss, cost, charge, liability, or expense (including legal costs on a solicitor and client basis), howsoever arising, whether present, unascertained, immediate, future, or contingent, and whether based in contract, tort, statute, or otherwise, arising as a result of your deliberate or negligent breach of these Terms of Use or of any law.

​

Dispute Resolution

​

If you believe you have a reason to raise a dispute with us under these Terms of Use for any reason, you must first provide us with written notice of the dispute including particulars of the dispute and your current contact details for us to communicate with you regarding the dispute. Our authorised representatives will, within seven (7) days, discuss the dispute in good faith and attempt to resolve the dispute.

​

If our authorised representatives are unsuccessful in resolving the dispute within thirty (30) days of our receiving notice of the dispute, either of us may refer the dispute for mediation. The mediation will be held in Brisbane, Australia and the dispute will be mediated by an agreed mediator, or if no mediator is agreed, by a mediator nominated by the President of the Queensland Law Society or the President's nominee. Each of us must bear our own costs of the mediation and bear equally the mediator's costs, and are entitled to legal representation at the mediation.

​

You acknowledge and agree that you may not commence Court proceedings (except for urgent interlocutory relief) against us without first complying with the foregoing dispute resolution process.

​

Miscellaneous

​

We may transfer or assign our rights or obligations arising under these Terms of Use. You agree to take all steps necessary to enable us to transfer, assign, charge, sub-contract or otherwise dispose of these Terms of Use.

​

Any waiver of any of our rights under these Terms of Use is not effective unless in writing signed by us. Any failure or delay by us in exercising a right under these Terms of Use does not constitute a waiver of our rights. Any waiver by us will only waive our particular rights in the particular circumstances and will not waive any of our other rights, or the same rights in other circumstances.

​

If any clause of these Terms of Use is illegal, void or unenforceable in any jurisdiction, that clause may be severed for the purpose of that jurisdiction only and the remainder of these Terms of Use continues in full force and effect in that jurisdiction. 

​

These Terms of Use constitute the whole of the agreement between us and sets out all the parties' rights and obligations relating to the subject matter therein, and replaces all earlier representations, statements, agreements and understandings except as stated otherwise in these Terms of Use. You acknowledge and agree that you have not relied on any statement, representation, assurance or warranty made by any person (including a third party) in accepting these Terms of Use.

 

You acknowledge and agree that:

​

1. where you may have a dispute or claim against us, these Terms of Use shall be interpreted in accordance with Australian law and you submit to the exclusive jurisdiction and venue of Queensland, Australia; and

2. where we may have a dispute or claim against you, due to the variety of events which may occur and which may cause us loss, we may be required to take action in other jurisdictions in order to protect our rights and you submit to whichever jurisdiction we consider appropriate for such dispute or claim.

 

These Terms of Use are current as at 11 January 2023.