Subscriber Agreement
Effective Date: 14 October 2024
1. Introduction
Welcome to Dental Advice Network (DAN). By subscribing to and using our Services, you agree to the terms and conditions outlined in this Subscriber Agreement. Please read this agreement carefully before subscribing, as it contains important information regarding your rights and obligations.
2. Definitions
(a) “DAN” refers to Dental Advice Network Pty Ltd ABN 18 680 185 602
(b) “Intellectual Property Rights” refers to all intellectual proprietary rights, whether registered or unregistered, and whether existing under statutes, at common law or in equity throughout the world, including, without limitation, all trademarks, trade names, logos, symbols, brand names, registered or unregistered designs, patents, copyright, circuit layout rights, and trade secrets.
(c) “Subscriber” refers to the individual or organisation subscribing to the Services.
(d) “Services” refers to the expert advice provided by DAN through various communication channels including, but not limited to, phone, email, message, or website form, as set out in clause 3.
3. Services Provided by DAN
As a subscriber to DAN, you will receive access to expert advice in the areas of expertise as noted on the DAN website.
Subscribers will receive the following Services
Educational Website: Access to the DAN website featuring articles and updates on relevant topics.
Online Seminars: Participation in online seminars conducted by DAN experts, providing continuing education on various topics relevant to dental professionals.
Access to Expert Advice: Subscribers can pose questions through the online form available on the DAN website.
4. Non-Referral Disclaimer
DAN is not a referral centre and does not accept patients. Our Services are limited to referring subscribers to independent consultants, who provide expert advice to dental professionals in the areas of expertise noted on the DAN website. Subscribers are fully responsible for the care and treatment of their patients. DAN’s role is purely to connect subscribers to independent consultants for expert advice, and the Subscriber acknowledges and agrees that any advice provided is not provided by DAN and should be used in conjunction with the Subscriber’s own professional judgment. DAN does not itself provide any advice and takes no responsibility for advice provided by its independent consultants.
5. Patient Information and Privacy
All information exchanged through DAN must conform to relevant privacy regulations. Subscribers are responsible for ensuring that any patient information provided is handled in accordance with these regulations and is de-identified. Patient confidential details must not be provided unless required for the consultation and must be accompanied by the patient’s written approval. Subscribers warrant to the best of their knowledge that the materials provided to DAN for the purposes of providing the Services are legally provided to DAN and that their disclosure does not breach any law or any obligation owed to any person.
6. Access and Response Time
The Services may be subject to technical limitations such as downtime for maintenance and third party service availability. DAN aims to facilitate responses to enquiries as soon as possible. Response times may vary depending on the complexity of the enquiry and the availability of our independent consultant experts. DAN makes no warranties or guarantees in respect of uptime for the Services or response times, and Subscribers are advised not to rely on the Services for urgent matters.
7. Medico-Legal Disclaimer
The independent consultant advice facilitated by DAN is not intended for use in medico-legal cases. DAN does not provide expert reports, testimony, or any form of legal advice. Subscribers seeking medico-legal advice should consult an appropriately qualified professional.
8. Scope of Services
The Services are intended for educational and informational purposes only. They should not be construed as a substitute for professional judgment or clinical decision-making. Subscribers must use their own discretion in applying the advice provided. DAN will provide specific advice that can be given in a single answer. DAN does not provide treatment plans for patients.
9. Liability Disclaimer
DAN procures advice by independent contractors based on the information available at the time of consultation. While every effort is made to ensure accuracy, DAN is not the provider of the advice and takes no responsibility for advice provided, and cannot guarantee the completeness or applicability of the advice in every individual case. Subscribers remain fully responsible for the decisions made and actions taken in their professional practice.
10. Subscription and Access
Access to the Services is limited to registered subscribers only. Subscribers are prohibited from sharing login credentials or allowing unauthorised individuals to access the Services, and may not interfere with or construct their own system to access the Services. Subscribers accept full responsibility for all activities that occur with their account. Any violation of this provision may result in the immediate suspension or termination of the subscription.
11. Service Limitation
DAN reserves the right to limit, modify, or discontinue any aspect of its Services at any time. Subscribers will be notified by email of any significant changes to the Services or terms of use. Additionally, the number of queries asked by an individual subscriber are limited by ‘fair play’ rules as determined by DAN.
12. Payment and Fees
Subscribers agree to pay the subscription fees as outlined during the registration process. All fees are non-refundable unless otherwise stated. DAN reserves the right to change subscription fees with 30 days prior notice by email to Subscribers.
13. Termination by Subscriber
Subscribers may cancel their use of the Services or terminate this Agreement by logging into their account on the DAN website and following the instructions. Cancellations will take effect from the next annual billing cycle. If a subscriber terminates partway through a billing cycle, no pro rata refund of subscription fees will be provided.
14. Termination by DAN
DAN reserves the right to terminate this Agreement or the Subscriber’s access to the Services at any time for any breach of this Agreement or for any other reason deemed necessary by DAN, by notice to the Subscriber by email.
15. Intellectual Property
Subscribers acknowledge that DAN owns all right, title and interest in and to the Services, including without limitation all Intellectual Property Rights, and that the Intellectual Property Rights are protected by intellectual property laws. Subscribers must not copy, reproduce, alter, modify, or create derivative works from the Services.
16. Privacy Policy
As a condition to using the Services, Subscribers acknowledge the terms of the Privacy Policy issued or updated by DAN during the term of this Agreement.
17. Indemnity
The Subscriber indemnifies and keeps indemnified DAN and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon the Subscriber's use of the Services and any breach of any warranty or other term of this Agreement.
18. No Warranties or Representations by DAN
Subscribers acknowledge that they have not relied upon or been induced by any representation by DAN, and that DAN makes no warranty or representation as to the results that may be obtained through the Services; the accuracy, reliability or otherwise of any information obtained through the Services; the Services being uninterrupted, timely, or error-free; or whether the Subscriber's use of the Services is legal.
19. Limitation of Liability
To the extent permitted by law, DAN excludes any liability for any loss, damages, costs, expenses or other claims (including consequential damages and loss of profits or loss of revenues), as a result, direct or indirect of any defect, deficiency or discrepancy in the Services including their form, content and timeliness of delivery, and including, without limitation, any delay in supply of the Services; any failure to supply the Services; any technical or non-technical failure; or any content or information accessed via the Services with or without the Subscriber's authorisation.
20. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia.
21. Amendments
DAN reserves the right to amend this Subscriber Agreement at any time. Subscribers will be notified by email of any significant changes, and continued use of the Services constitutes acceptance of the amended terms.
22. Acknowledgment
By subscribing to DAN, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.