Terms and conditions

  1. Terms of Use
    • The website at the URL www.clearex.com.au (Website) is owned and operated by Clear Aligner Excellence Pty Ltd ATF Clear Aligner Excellence Unit Trust (ABN 65 823 067 032) of 18 North Drive, 236-262 East Boundary Road, Bentleigh East, VIC 3165 (Clear Aligner Excellence, we, our, us). 
    • Your use of the Website is conditional upon your agreement to, acceptance of and compliance with the terms and conditions set out below (terms and conditions). Your use of and/or access to the Website constitutes your agreement to be bound by these terms and conditions.
    • These terms and conditions are in addition to any other agreement you may enter into with Clear Aligner Excellence, or any third party introduced by Clear Aligner Excellence, and shall continue to be binding on you notwithstanding any other such agreement you may enter into.
  2. Intellectual Property
    • All information, text, material, graphics, software and photographs on the Website (materials) are copyright of Clear Aligner Excellence, its associated companies, suppliers, and/or licensors unless expressly indicated otherwise. The materials are protected by Australian and international copyright laws.
    • You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided on the Website, or expressly authorised in writing by Clear Aligner Excellence.
    • The name “Clear Aligner Excellence”, and related logos are trade marks of Clear Aligner Excellence.
    • You must not use our trade marks, logos or other materials for any purpose without the prior written consent of Clear Aligner Excellence.
    • You may, subject to specific restrictions set out in these terms and conditions, download material from the Website solely for your personal, non-commercial use. You must not distribute such material in any form to any third party. You agree not to change or delete any proprietary notices from any material downloaded from the Website.
  3. Savvy Dentist
    • Your use of the Website may include access to the Savvy Dentist Academy website and Savvy Dentist Academy materials. All information and content provided by Savvy Dentist Academy is copyright of Savvy Dentist Academy. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided by Savvy Dentist Academy, or expressly authorised in writing by Savvy Dentist Academy.
    • By accessing the Savvy Dentist Academy content, you agree to the terms and conditions of the Savvy Dentist Academy, available here: https://savvydentistacademy.com/terms-and-conditions/
  4. OrthoED
    • Your use of the Website may include access to material owned by OrthoED Pty Ltd (OrthoED). All information and content provided by OrthoED is copyright of OrthoED. You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit, distribute or in any way deal with the material except as expressly provided by OrthoED, or expressly authorised in writing by OrthoED.
    • By accessing the OrthoED content, you agree to the terms and conditions of the OrthoED, available here: https://orthotraining.com.au/terms-of-use/
  5. Content
    • The contents on the Website (Content) are for general information purposes only. Any use of our materials or information by another person or organisation is at the user’s own risk. Further, Clear Aligner Excellence does not warrant or make any representations as to the expected results or outcomes of users of the Content. 
    • While care has been taken in preparing the Content on the Website, Clear Aligner Excellence and its employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.
    • You agree to be solely responsible for the interpretation and use of any Content that you receive, communicate or otherwise provide over the Website.
  6. Use
    • You agree to use the Website, including all features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content contained on the Website. You agree not to archive, reproduce, distribute, modify, display, perform, publish, licence, create derivative works from, offer for sale, or use (except as explicitly set out in these terms and conditions) our Content.
    • You also agree not to, and not to seek to:
      • circumvent, remove, alter, deactivate, degrade or inhibit any of the content protections in the Website;
      • use any robot, spider, scraper or other automated means to access the Website;
      • insert any code or product or manipulate the content of the Website in any way; or
      • use any data mining, data gathering or extraction method on or in relation to the Website.
    • You agree not to send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website in any form, including any software viruses or any other computer code, files or programs.
    • If membership of Clear Aligner Excellence is required in order to use our services we may terminate your membership (as outlined in clause 5 below) or restrict your use of the Website at any time if you violate these terms and conditions or are engaged in illegal or fraudulent use of the Website.
    • The Website may not be used and accessed by users under 18 years old without parental/guardian permission. You warrant that any use of the Website by an underage user will be with the consent and supervision of a parent or guardian of that user.  
    • Clear Aligner Excellence memberships are not available to users under the age of 18.
  7. Online Account
    • Use of the Website and any service offered by Clear Aligner Excellence is governed by these terms and conditions and any relevant terms of third party websites that are involved in the sale or provision of the goods or services.
    • If you chose to purchase goods or services using the Clear Aligner Excellence service you agree to comply with these terms and conditions as well as the terms and conditions of any merchant or affiliated websites. We recommend that you carefully review applicable terms and conditions of any merchant or affiliated websites.
  8. Disclaimers and Limitation of Liability
    • To the fullest extent permitted by law:
      • all information and materials on the Website is provided “as is” and without warranty of any kind, express or implied;
      • all implied warranties as to merchantability and fitness for a particular use or purpose are excluded;
      • we and our information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of any information or materials on Website;
      • we make no warranties in respect of human or machine errors, omissions, delays, interruptions, or losses including but not limited to loss of data; and
      • we make no warranties that the server transmitting information and materials to you, will be free of infection, viruses or other code that manifest contaminating or destructive properties.
    • Further, our liability for the breach of any warranty or condition which cannot by law be excluded shall, at our option, be limited in the case of services supplied by us to:
      • the supply of the services again; or
      • the payment of the cost of having the services supplied again.
    • Under no circumstances (including but not limited to any act or omission on our part, our servants or agents) will we or our associated companies, directors, officer or employees be liable for any indirect, incidental, special or consequential damages or loss of profits whatsoever which result from any use of or access to, or inability to use or access the Website or any content or other materials contained on the Website.
  9. Access and communication
    • Clear Aligner Excellence does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
    • Details contained on the Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of another country.
    • Clear Aligner Excellence provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release Clear Aligner Excellence from all applicable liability and responsibility.
    • You are solely responsible for the protection of any usernames and passwords you may use in relation to the Website or any account you may have with Clear Aligner Excellence. We are not responsible for any damage or unauthorised access to information arising from misuse of your passwords, usernames or your own or third party computer equipment or networks.
    • You agree that you shall not use the Website, or attempt to access the Website to:
      • upload or use the Website to provide any material to Clear Aligner Excellence which is false, misleading or deceptive;
      • post or upload any material which is libellous, defamatory or which discloses private or personal matters concerning any person, or any material, message, data, image or program which is indecent, obscene or pornographic;
      • impersonate any other person;
      • interfere with other users use of the Website;
      • post or transmit any file or data which contains viruses or any other contaminating or destructive features;
      • post or transmit any message or material which is harmful, threatening, abusive or hateful;
      • post or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes;
      • send any unsolicited mass emailing to other users of the Website; and/or
      • use the Website to conduct any activity or solicit the performance of any activity which is illegal or which infringes the rights of others.
  1. Licence to Clear Aligner Excellence

By placing any information or other material on the Website (works), you grant Clear Aligner Excellence a non-exclusive, world-wide, royalty free, perpetual licence to use the works at its discretion, including to sub-licence, reproduce, distribute, transmit, adapt, publicly display and publicly perform the works. You expressly waive in favour of Clear Aligner Excellence any moral rights or similar rights you have in any jurisdiction in respect of the works. If requested by Clear Aligner Excellence you agree to enter into any further agreements necessary to document the licence and waiver set out above, at Clear Aligner Excellence’s expense.

  1. Indemnity

You agree to fully indemnify and hold harmless Clear Aligner Excellence, its directors, officers, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  • any breach of these terms and conditions by you; or
  • your access or use of the Website.
  1. Links
    • Access to any website which may be reached by the hyperlinks on this Website (linked site) is subject to any notices, including but not limited to copyright notices, which may appear throughout the linked site.
    • Accessing a linked site from this Website does not expressly or impliedly constitute any guarantee, undertaking or warranty on the part of Clear Aligner Excellence as to the accuracy, completeness, copyright status or up-to-date nature of the information contained on the linked site. Clear Aligner Excellence will not be liable to the reader or any third party for losses, costs, damages or other expenses incurred as a result of such access and the use of any information contained on a linked site.
    • The ability to access a linked site does not:
      • constitute express or implied authority to infringe copyright in any material contained on the linked site; and/or
      • imply any connection, sponsorship or affiliation between the linked site and this Website or Clear Aligner Excellence.
  1. Privacy

Our Privacy Policy is set out here: https://clearex.com.au/privacy-policy/

  1. Variation and Termination
    • These terms and conditions shall continue to have full force and effect until varied or terminated by Clear Aligner Excellence. Clear Aligner Excellence reserves the right to terminate this agreement and your access to the Website at any time for any reason. The terms and conditions relating to intellectual property, your licences to Clear Aligner Excellence, the indemnity granted by you, and all disclaimers and limitations of liability shall survive the termination of this agreement.
    • Clear Aligner Excellence reserves the right to vary these terms and conditions at any time by posting new or varied terms and conditions on the Website. You are responsible for reviewing any new or updated terms and conditions on the Website and your continued use of the Website will constitute an agreement to be bound by such updated terms and conditions.
  2. General
    • All references in these terms and conditions to “Clear Aligner Excellence” include its employees, contractors, directors, officers, servants, agents and related entities.
    • The agreement constituted by these terms and conditions is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the jurisdiction of the courts of that State. 
    • If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability shall not affect the remainder of the agreement which shall continue to have full force and effect.
    • Our waiver of a breach by you of these terms and conditions does not amount to a waiver of all breaches by you, and we reserve our rights pursuant to this agreement in respect of any other or further breaches by you of these terms and conditions.
    • If you have any questions regarding the Website or these terms and conditions you may contact us at:
 

Phone: [insert]

Email: info@clearex.com.au

Last updated: July 2021

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