Terms and conditions

1. Introduction

• These terms and conditions govern your use of our website and the services we provide through it.
• By using our website, you agree to comply with these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use our website.
• If you use any of our website services, including booking appointments or accessing patient information, you will be required to expressly agree to these terms and conditions.
• Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with our cookies policy.

2. Credit

• This document was created using a template from SEQ Legal

3. Copyright notice

• Copyright © Bayside Orthodontics.
• Subject to the express provisions of these terms and conditions:
• We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website.
• All the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Licence to use website

• You may:
• View pages from our website in a web browser;
• Download pages from our website for caching in a web browser;
• Print pages from our website;
• Stream audio and video files from our website; and
• Use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
• You must not, except as expressly permitted by these terms and conditions:
• Download or save any material from our website;
• Use our website for any other purpose apart from personal and healthcare-related purposes;
• Modify or edit any material on our website;
• Republish, sell, rent, or sub-license material from our website without express permission;
• Show material from our website in public;
• Exploit material from our website for a commercial purpose; or
• Redistribute material from our website.
• We reserve the right to restrict access to certain areas of our website, or indeed our whole website, at our discretion. You must not bypass or attempt to bypass any access restriction measures on our website.

5. Acceptable use

• You must not:
• Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website;
• Use our website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
• Use our website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
• Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing) unless such activity is in full compliance with the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
• You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading.

6. Limited warranties

• We do not warrant or represent:
• The completeness or accuracy of the information published on our website;
• That the material on the website is up to date; or
• That the website or any service on the website will remain available.
• To the extent permitted by Australian and New Zealand consumer law, and relevant healthcare regulations, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.
• Nothing in these terms and conditions excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law or the Consumer Guarantees Act in New Zealand. Additionally, this does not limit your rights under applicable health and medical regulations, including privacy obligations under the Privacy Act 1988 (Cth) in Australia and the Privacy Act 2020 in New Zealand.

7. Limitations and Exclusions of Liability

• Nothing in these terms and conditions will:
• Limit or exclude any liability for death or personal injury resulting from negligence;
• Limit or exclude any liability for fraud or fraudulent misrepresentation;
• Limit any liabilities in any way that is not permitted under applicable law; or
• Exclude any liabilities that may not be excluded under applicable law.
• The limitations and exclusions of liability set out in this Section 7 and elsewhere in these terms and conditions:
• Are subject to Section 7.1; and
• Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
• To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
• We will not be liable to you in respect of any business or personal losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
• We will not be liable to you in respect of any loss or corruption of any data, database, or software.
• We will not be liable to you in respect of any special, indirect, or consequential loss or damage.
• You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

8. Breaches of These Terms and Conditions

• Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
• Send you one or more formal warnings;
• Temporarily suspend your access to our website;
• Permanently prohibit you from accessing our website;
• Block computers using your IP address from accessing our website;
• Contact any or all your internet service providers and request that they block your access to our website;
• Commence legal action against you, whether for breach of contract or otherwise; and/or
• Suspend or delete your account on our website.
• Where we suspend, prohibit, or block your access to our website or a part of our website, you must not take any action to circumvent such suspension, prohibition, or blocking (including without limitation creating and/or using a different account).

9. Variation

• We may revise these terms and conditions from time to time.
• The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

10. Assignment

• You hereby agree that we may assign, transfer, sub-contract, or otherwise deal with our rights and/or obligations under these terms and conditions.
• You may not, without our prior written consent, assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.

11. Severability

• If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
• If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

12. Third party rights

• These terms and conditions are for our benefit, your benefit, and the benefit of our member practices, and these terms and conditions are not intended to benefit or be enforceable by any other party.
• The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

13. Entire agreement

• Subject to Section 7.1, these terms and conditions, together with our privacy and cookies policies, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.

14. Law and jurisdiction

• These terms and conditions shall be governed by and construed in accordance with the laws of Australia and New Zealand.
• Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Australia and New Zealand.

15. Our details