ADA Access Terms & Conditions

By accessing and using all or any web pages under or forming part of the domain name www.ada.org.au and any other similarly branded webpages which include an authorised link to these Terms and Conditions (Site), you agree with The Australian Dental Association ABN 95 174 118 424 (ADA, or we, our and us) to be bound by and abide by the following terms and conditions (Terms and Conditions).

Your access to and use of this Site is conditional upon your acceptance and observance of these Terms and Conditions.

Your acceptance is intended by ADA to create a contract between ADA and you. Your access to and use of all or part of the Site is also subject to ADA’s Privacy Policy.

You will be bound by such additional terms as applicable. You acknowledge that parts of the Site, or the provision of certain functionality of the Site, may be outsourced to third party providers. These Terms and Conditions apply to any outsourced services, unless you are notified of any alternate terms and conditions. These Terms and Conditions and our Privacy Policy are the current Terms and Conditions for the Site and replace any other terms and conditions for the Site previously published on the Site.

Information on this Site

The Information and materials on the Site (Information) are for general information purposes about ADA, its objects and services. These Terms and Conditions and the Information are subject to change at any time. ADA will update the “last modified” date at the top of these Terms and Conditions when changes are made. Your continued use of the Site after any such changes constitutes your acceptance of the updated Terms and Conditions. In some cases, the Information may include the views or recommendations of third parties, which may not necessarily reflect ADA’s views.

Intellectual Property and Permitted Use

Unless otherwise stated, all intellectual property rights in the Site and in the information, publications, guidelines, policies, templates, checklists, tools, forms, videos, webinars and other resources made available through the Site (ADA Content) are owned by, or licensed to, ADA.

ADA Content is made available for the benefit of ADA members and other authorised users (including subscribers to ADA services) and may be subject to additional terms or restrictions identified on the relevant webpage or resource.

Permitted use by subscribers

Where ADA Content is made available to an subscriber as part of their subscription, the subscriber may access, download and print that content for their own professional use and for reasonable internal use within the dental practice in which they work, unless ADA expressly states otherwise.

This permission is personal to the subscriber, is non-transferable, and does not transfer ownership of, or any other intellectual property rights in, the ADA Content. Subscribers must not share their login credentials with any other person.

Prohibited use

Except as expressly permitted by these Terms and Conditions or with ADA's prior written consent, you must not:

copy, reproduce, republish, distribute, communicate, upload, transmit or otherwise make ADA Content available to another person or organisation;
share ADA Content with a person who is not entitled to access it, including through websites, social media, online groups, file-sharing services, shared drives or other digital platforms;
sell, licence, sublicense, commercialise or otherwise exploit ADA Content;
modify, adapt, translate, rebrand or create derivative materials from ADA Content for distribution or commercial use;
remove, obscure or alter any copyright notice, trademark, disclaimer, attribution, version number or other proprietary notice appearing on ADA Content;
use any automated means, including robots, spiders, scraping tools, data-mining tools or similar technology, to access, extract, reproduce or compile ADA Content; or
use ADA Content to train, develop, improve or provide input to an artificial intelligence or machine-learning model, system or service, except where ADA has expressly authorised that use in writing.

You must not facilitate, permit or assist another person to do anything prohibited by this section.

Currency and version control

ADA may amend, replace or withdraw ADA Content at any time. Downloaded or printed copies may become outdated. Where ADA Content displays a publication, review or version date, you should check the Site to ensure that you are using the current version.

Enforcement

ADA may suspend or terminate access to all or any part of the Site, including subscriber-only ADA Content, where it reasonably believes that a user has breached these Terms and Conditions. ADA reserves all rights and remedies available to it in relation to any unauthorised use, reproduction, disclosure or distribution of ADA Content.

Nothing in these Terms and Conditions transfers any intellectual property right to you or grants any licence other than the limited permission expressly set out above.

Varying these terms and conditions

We may vary these Terms and Conditions from time to time without notice to you. It is important that you regularly review the most up-to-date version of these Terms and Conditions. Acceptance and observance of these Terms and Conditions is the sole basis upon which you may access the Site as may be varied from time to time.

The most recent version of these Terms and Conditions can be seen at ada.org.au/Terms-Conditions. Bookmark this page to conveniently review the Terms and Conditions when you use this Site.

Registration, User Accounts and ADA Information

Access to the Site will require personal information about you to allow us to provide you with services as subscribers to ADA services.

As set out above, we treat all personal information submitted to us in accordance with our Privacy Policy.

As a subscriber to ADA services who receives or applies to receive information from us, or any other service we provide from time to time, you agree to:

Submit only true, accurate, current and complete information about yourself by any registration procedure;
Maintain and regularly update the registration data to keep it true, accurate, current and complete. This obliges you to modify the registration data to reflect any change in the accuracy of this data or your circumstances generally.

If you are no longer a subscriber to ADA services you will lose registered user access to the Site or services we provide.

As part of the registration process, you must provide us with personal information required by the registration process at the Site, to allow us to determine whether to enable your application or continue to allow access to your account once created.

If you provide any information to us (including registration data) that is untrue, inaccurate, not current, not up to date, is outdated, incomplete or inaccurate, or we suspect that you have provided such information to us, we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.

We may seek to verify that information we have received from you is accurate. You must respond promptly to any request we make and if you do not we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.

Access

You will receive a user password and account name to access Information via the Site. By using your user password and account to log in via the Site, you will be able to access information and content (including without limitation, information about us and our offerings, and information and content that we make accessible to our subscribers).

By doing this you agree that you are responsible for maintaining the confidentiality of your password;

You are fully responsible for activities that occur under your password or account and must immediately notify ADA in writing of any unauthorised use of your password or account or any other breach of security of which you become or have become aware.

You acknowledge that we may discontinue your access rights at any time, in our absolute discretion and without prior notice;

Oral Health Information

Throughout the Site various items of oral health information will feature. This information is general in nature. It is not tailored or specifically prepared to address any dental health issue, disease, dental complaint, dental problem or oral health concern a person may have.

The information is indicative only. If you or any person has any concern about their dental health they should consult a registered dentist as soon as practicable after any dental health concern arises.

By accessing oral health information on this Site, you agree you will not rely upon information obtained as being dental or medical advice and acknowledge that the information on the Site is not a substitute for professional dental consultation or treatment. You should consult a registered dentist before taking any action in relation to a dental condition or concern.

Transactions on the Site

The Site may offer you the ability to enter into transactions, such as payment of subscription fees, or any other transaction relating to an ADA product or service (Transaction).

A Transaction will not be complete unless and until:

You have issued ADA with an electronic instruction accepting ADA’s offer or confirming payment by you (whichever is applicable) (Acceptance);

Such Acceptance has been received and processed by ADA; and

These Terms and Conditions (and any other applicable terms and conditions notified to you) have been complied with.

You acknowledge that the transmission of your Acceptance may not be received by ADA for reasons beyond either party’s reasonable control, including but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.

Where the Site enables you to purchase products or services online:

The parties may enter into a contract using the Site by ADA making an electronic offer via the Site and you electronically communicating your Acceptance of that offer to ADA via the Site;
ADA may act on and process all completed Acceptances transmitted or issued through the Site without further consent from or reference to you; and
ADA may treat an Acceptance as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Acceptance, or to verify the accuracy and completeness of such Acceptance.

When entering into a contract via the Site, you will be taken to have communicated your Acceptance only when:

ADA receives and records your Acceptance in its database;
An ADA receipt is generated; and
ADA receives current and valid payment details, to which ADA is able to charge the appropriate price or fee.

A binding contract is conditional on ADA being able to successfully charge and receive payment of the applicable contract price or fee for the Transaction. ADA will use reasonable efforts to provide you with a receipt or confirmation of payment; however, a binding contract is not conditional on the receipt by you of a receipt or confirmation of payment. Therefore, the failure by you to receive a receipt or confirmation of payment via the Site does not invalidate or otherwise prejudice the existence of any contract or transaction entered into using the Site.

ADA may or may not issue a paper confirmation of the contract. The existence of a binding contract is not conditional on ADA issuing, or you receiving, a paper confirmation of the Transaction.

Payments

All payments for subscription fees or any products, services or Transactions purchased via the Site must be paid in full by cleared funds by the due date specified in any communication from ADA or in the relevant confirmation.

Payments may be made by credit card, debit card, direct debit arrangement with your financial institution, or by such other payment methods as ADA may make available from time to time.

In the case of credit card payments, you must provide to ADA details of your current and valid credit card as required by ADA, but including:

credit card type;
credit card number;
name on credit card;
expiry date; and
verification code.

For payments made by direct debit, you must follow the information provided, including by accepting any additional terms and conditions or service agreements that may be applicable.

All prices are stated in Australian Dollars (AUD), and payments are accepted in Australian Dollars (AUD).

Refund Policy

Subscribers may cancel their subscription at any time, however subscription fees are non-refundable, as access to digital content and benefits is provided from the commencement of a subscriber’s subscription. Cancellation will stop future renewals, and access to benefits will continue until the end of the current subscription term.

Termination of Subscription

Subscription to ADA Access terminates where a person: is or becomes registered as a dentist with Ahpra; fails to provide or maintain a current Ahpra registration number for the specific eligible dental role outlined in the ADA Access subscription form; or
fails to complete the transaction of annual subscription fees.

For the avoidance of doubt, ADA Access is a Federal-only subscription product offered by ADA and does not constitute ADA membership or membership of any ADA branch. An ADA Access subscription does not provide branch membership or branch services, and subscribing does not constitute consent to join or receive services from any ADA branch. Individuals registered as dentists with Ahpra are not eligible for ADA Access. Registered dentists are warmly encouraged to consider ADA Membership, which is the more valuable and appropriate offering available to them and provides a broader range of benefits designed to support dentists. Eligible ADA Access subscribers receive access to selected ADA products and services, such as CPD resources, clinical information and news updates, but are not members of ADA and do not receive member governance or other rights.

Your Interaction with the Site

Some parts of the Site may permit you to post, upload, input or submit materials to ADA through the Site or associated services (Materials). You may not post Materials to this Site containing a virus or other harmful components. You must not use language or engage in any activity that is threatening, abusive, vulgar, or which may be interpreted as vilification of others on any grounds, or which is discourteous or unlawful. You must not post, upload, input or submit materials to ADA or the Site which give rise to any legal liability against ADA. ADA reserves the right to suspend or prohibit use by persons who contravene the above and ADA may remove or edit messages or material submitted by users. ADA may also report any content or conduct to law enforcement or relevant regulatory authorities where ADA considers it appropriate to do so.

Third Party rights infringed

You are responsible for the Materials you post to the Site and you indemnify us against loss of any nature arising from the infringement of third party intellectual property rights or any other legal right by reason of your unauthorised reproduction of works on the Site. Nothing in these Terms and Conditions confers any right on any third party to enforce any provision of these Terms and Conditions.

You must not post Materials on the Site unless you are the owner of the copyright in those Materials or have the express written permission or a written licence of the copyright owner to post them.

By posting, uploading, inputting, providing or submitting Materials you warrant and represent that you own or otherwise have rights to the Materials including, without limitation, the rights necessary to post, upload, input or submit the Materials and you authorise others to make use of the Materials posted by you on the Site.

Communications by Other Users

ADA does not represent, warrant or guarantee the validity, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that your reliance on Information or material posted on the Site by other users or subscribers will be at your own risk.

Materials provided to ADA

Subject to our privacy policy, you grant ADA, its affiliates and licensees a perpetual, irrevocable, royalty-free, worldwide, sublicensable licence to use any Materials you provide to ADA via the Site in connection with the operation of its business or operations, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the Materials, and in its absolute discretion to identify the Materials by your name.

No compensation will be paid in relation to ADA’s receipt or use of the material.

Access to the Site

ADA will not be liable if the Site is unavailable for any reason. ADA may, at its absolute discretion, suspend or disconnect your access to all or part of the Site during technical failure, for maintenance, if you fail to comply with these Terms and Conditions or if you do anything that ADA considers inappropriate.

Continuing Professional Development

ADA offers continuing professional development to some subscribers. This includes video content of actual surgery, audio interviews, recorded webinars and presentations as to clinical techniques, practices and treatment methods of relevance to dentists practising in Australia.

Any member of ADA, dentist or dental professional who seeks access to the online continuing professional development materials provided by ADA does so strictly on the basis that they acknowledge and agree:

The content contains opinions, perspectives and techniques that are not necessarily appropriate in all circumstances in all clinical contexts or circumstances;
The content may not be appropriate for either your practice or a particular patient
The content will be viewed and analysed by members of ADA or dentists bringing their own professional skill, judgement, expertise and experience to the application of those opinions, perspectives, techniques and practices in the practice of dentistry by them individually;
A record of all online viewings or attendances is stored on a log that records what content has been viewed by reference to the individual subscriber’s identification data.

Classifieds

The classified area of the Site allows members of ADA, dental health professionals and members of the public to exchange information. As a term of the use of the classifieds section of this website, any visitor to the Site or user agrees not to post any information that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, vilifying or discriminatory.

Both the entity placing the advertisement and any reader of it must rely on their own enquiries as to the nature of any goods or services sought to be provided, their fitness for purpose or appropriateness for the particular circumstances of the purchases.

ADA does not warrant, endorse or sponsor any of the goods or services offered for sale within the classifieds part of the Site. You agree that as a result of using the classifieds section of the Site you will do all things and take all steps to assure yourself of the fitness for purpose, propriety and usefulness of any good or service and will hold ADA harmless from any claim, liability or loss (whether asserted by you or any third party), directly or indirectly, as a consequence of entering into any transaction, taking any step or doing anything as a consequence of accessing any information on the classifieds section of the Site.

ADA may remove any content contained in the classifieds section of the Site without notice to any person and in its absolute discretion.

Your acknowledgments

You expressly understand, acknowledge and agree that:

Your use of the Information is at your sole risk;
The Information and Site are provided on an as is and as available basis;
The Information is not prepared or tailored to address business or commercial issues relevant to you;
The Information obtained through the use of the Site is sourced at your own discretion and risk and you are solely responsible for any damage to your computer system or loss including financial or pecuniary loss or loss of data or information that results from the downloading or accessing of any information from the Site.

Requests regarding the use of the Information for any purpose other than in your practice should be directed to contact@ada.org.au.

Restrictions

In addition to the restriction set out above, you agree that you (and any party connected with, controlled by or related to you) will not:

Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions;
Use the Site for any purpose which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site;

Links

If you access the Site via an external link, you are on notice that you do so at your own risk and expense. The existence of the external link shall not be construed as ADA’s endorsement, sponsorship, approval of, or affiliation with, another person or entity unless the party providing the relevant link is authorised in writing to do so.

ADA reserves the right to object to or have removed any link that it determines in its sole discretion to be inappropriate, inconsistent with ADA’s rights, the Site’s image and reputation or otherwise creates an undue burden on the Site.

The Site may also contain links and frames to websites owned or operated by third parties independent of ADA (External Sites).

Such links and frames are provided for convenience only, and ADA does not endorse, sponsor or approve, and makes no warranties or representations in relation to:

The operators of the External Sites;
The quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Sites, or the people who contribute to them; or
That the material on the External Sites does not infringe the intellectual property rights or any other legal rights of any person.

Disclaimer and exclusion

ADA:

Does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the Information;
Provides the Site and Information on an ‘as is’ basis;
Does not guarantee that the Site or External Sites will be error free, free from viruses, that defects will be corrected or that access to the Site or External Sites will function as intended or be uninterrupted;
Is not obliged to update the Information or correct any inaccuracy which may become known to ADA.

Limitation of liability

ADA excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Site or any material on External Sites accessed via the Site or which link or refer to the Site. Nothing in these Terms and Conditions purports to exclude, restrict or modify any consumer guarantee under the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

ADA excludes all liability arising from:

Any claim by any member or subscriber as a result of the use of, or the inability to use the Information or the Site;
The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into via or from the Site;
Unauthorised access to or alteration of your transmissions or data;
Statements or conduct of ADA or any third party on the Site;
Any other matter relating to the Information or the Site.

You expressly understand and agree that;

Your use of the Information is at your sole risk. ADA does not warrant or guarantee that the Information or the Site will meet your requirements or requests;
There is no warranty or guarantee that the quality of any products, services or Information purchased or obtained by you from the Site will meet your expectations, or that any errors in the Information or Site will be corrected.

To the maximum extent permitted by law, ADA is not liable to you for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether indirect or consequential) that arise out of or are referable to the Information, the Site, External Sites, the supply of any product or services from the Site, or your access to any part of the Site, whether in contract, tort (including negligence), statute, equity or otherwise.

You acknowledge that this clause may be pleaded as a complete defence to any such claim you may assert through court, tribunal or other proceedings.

To the extent that a court decides that ADA is liable to you for any loss, damage, costs or expense of any nature whatsoever (including without limitation any direct, indirect, consequential, special, incidental or punitive loss or damage, loss of profits, loss of revenue, loss of data, or loss of opportunity), the total aggregate liability of ADA to you under or in connection with these Terms and Conditions is limited solely to the greater of: (a) the total subscription fees actually paid by you to ADA in the 12-month period immediately preceding the date on which the claim is first made; or (b) AUD $100.00. Where you are a non-member user who has paid no subscription or membership fee, the cap in (b) shall apply.

Reliance on advice

The Information should not be relied upon for personal, dental, medical, legal, investment or financial advice of any kind. You accept and acknowledge that you will and should consult an appropriate professional for specific advice.

Indemnity

You agree to hold ADA harmless from any liability to any third party alleged as a consequence of the partial or complete use by you or anyone on your behalf of the Information or the Site, and you agree to make no claim against, assert no demand upon, and not to enforce any right against ADA in any such circumstances.

You agree to indemnify and keep indemnified ADA against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on an indemnity basis) suffered and incurred by ADA directly or indirectly out of or as a result of any breach of your obligations under these Terms and Conditions.

You agree to indemnify and keep indemnified ADA against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered and incurred by ADA as alleged or asserted by any third party, including but not limited to any claim arising from:

Your access to the Site;
Your use and utilisation of the Information available on the Site;
Any breach by you of these Terms and Conditions giving rise to a liability to a third party as alleged by that third party against ADA.

Cookies

The ADA website uses cookies and similar tracking technologies (such as web beacons and pixels) which are text files or code that contain information and which are stored on your device when you visit the ADA website.

The ADA website uses cookies for a variety of purposes, including but not limited to:

Counting the number of visitors and analysing traffic; and
Accessing and logging into functions for subscriptions.

These may either be ‘persistent’ cookies, which are permanent and stored on your computer after you have closed your web browser, or ‘session cookies,’ which disappear when you close your web browser.

You may change the settings in your web browser to disable the storage of cookies and to remove undesired cookies. This, however, may impair your ability to use and utilise all components or aspects of the Site.

Survival

In the event that your access to the Site is suspended or disconnected in accordance with these Terms and Conditions or at all, all restrictions on you, disclaimers, exclusions and limitations of ADA's liability, indemnity obligations, intellectual property provisions, and any other provisions that by their nature are intended to survive, will survive such disconnection or suspension.

General Information

These Terms and Conditions, together with ADA’s Privacy Policy and any applicable subscription agreement, constitute the entire agreement between you and ADA governing your access to and use of the Information and Site, and supersede any prior agreements or understandings between you and ADA relating to such access and use.

You may also be subject to additional Terms and Conditions that apply when you use other services, third party content, third party software or where you access another website via or through the Site.

These Terms and Conditions and the relationship between you and ADA shall be governed by the laws of the Commonwealth of Australia and the State of New South Wales. As a consequence of agreeing to these Terms and Conditions and accessing the Site you consent to and submit to the exclusive jurisdiction of the courts of New South Wales, Australia on any legal or other question or dispute arising out of your use of the Site or your agreement to access the Site under these Terms and Conditions.

The failure of ADA to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, nor shall it affect ADA’s right to exercise or enforce that or any other right or provision at any time thereafter.

If any provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but other provisions of these Terms and Conditions remain in full force and effect, as may be varied from time to time.

You agree that regardless of any statute or law to the contrary, any claim or cause of action against ADA or any officer, employee, nominee, representative, or agent of it made by you arising out of or related to use of the Site must be filed within two (2) years after the claim or cause of action arose or be permanently barred. You agree that this clause may be pleaded as a complete defence to any such claim if this timeframe is not observed by you in the assertion of any such claim.

You agree that there is no agency, partnership, joint venture, employee-employer or franchisor or franchisee relationship between ADA and any user simply by virtue of the provision of the Information or access to the Site or creation or use of a user account by you as a subscriber to ADA services or access to the Site in any form at all.

Your rights and obligations under these Terms and Conditions are personal and may not be assigned or dealt with in any way without the permission of ADA, which permission may be withheld by ADA in its absolute discretion. ADA may assign, transfer or novate any of its rights or obligations under these Terms and Conditions without your consent.

To the full extent permitted by law, you agree that any proportionate liability regime under the Civil Liability Act 2005 (NSW) or any equivalent legislation does not apply to any claim you or any third party may assert directly or indirectly arising from these Terms and Conditions, your use of the Information, or your access to the Site.

You agree these Terms and Conditions are the only basis upon which you access the Site of the Information and rely on no representation of assertion made by ADA other than as contained in these Terms and Conditions as the basis for your access to the Site.