1. Introduction

1.1. These DIA Course Terms and Conditions comprise the terms of a legal agreement between More Group Pty Ltd (ACN 081 408 273) trading as Dental Implant Academy (DIA, our, us or we) and the person or entity listed in the Registration Form (you or your) for the provision of dentistry, surgical and implant education and training courses as more particularly described on our Website (DIA Courses) (collectively, the Agreement).

1.2. All course reservation made with DIA are made subject to the terms of this Agreement and you are deemed to have accepted this Agreement once you have submitted a Reservation Form on, or via, our Website or payment is made to participate in a DIA Course (whichever is earlier).

2. Registration

2.1. Submitting a Registration Form on, or via, our Website to participate in a DIA Course does not constitute a legally binding agreement until DIA confirms that payment has been made on the course reservation and you receive written confirmation to your nominated email address from DIA that the payment has been received and the course reservation has been confirmed.

2.2. By registering to participate in a DIA Course, you warrant and represent that you have the necessary qualifications and licences to participate in the DIA Course. If you do not have the necessary qualifications and licences to participate in a DIA Course, we will cancel your course reservation and refund you the Fee (less an administration fee of $250).

2.3. If you enrol in an Advanced Course which requires overseas travel, you:

(a) must organise and pay for all travel and accommodation required to attend the Advanced Course, unless we agree otherwise in writing; and

(b) must hold and maintain comprehensive travel insurance for the duration of your overseas travel and for all activities you participate in during your overseas travel.

3. Registration

3.1. Submitting a Registration Form on, or via, our Website to participate in a DIA Course does not constitute a legally binding agreement until DIA confirms that payment has been made on the course reservation and you receive written confirmation to your nominated email address from DIA that the payment has been received and the course reservation has been confirmed.

3.2. By registering to participate in a DIA Course, you warrant and represent that you have the necessary qualifications and licences to participate in the DIA Course. If you do not have the necessary qualifications and licences to participate in a DIA Course, we will cancel your course reservation and refund you the Fee (less an administration fee of $250).

3.3. If you enrol in an Advanced Course which requires overseas travel, you:

3.4. must organise and pay for all travel and accommodation required to attend the Advanced Course, unless we agree otherwise in writing; and

3.5. must hold and maintain comprehensive travel insurance for the duration of your overseas travel and for all activities you participate in during your overseas travel.

4. Cancellation policy

4.1. DIA reserves the right to cancel any DIA Course if the applicable Fee is not received by us within 48 hours of you submitting a Registration Form on, or via, the Website.

4.2. Once a course reservation is confirmed by us, you have five days to cancel the course reservation, subject to:

(a) payment of a $250 administration fee to us; and

(b) subject to the cancellation terms in clauses 4.4 and 4.5.

4.3. If you wish to cancel any DIA Course you have registered for, you must do so in writing by emailing us at info@moredent.com.au.

4.4. If you cancel a Local Course:

(a) at least 28 days before the scheduled date for the Local Course, you will not be entitled to a refund of the Fee, but you will receive a credit note equal to the Fee paid by you for the Local Course, which can be used to register for a Local Course or Advanced Course of equal or lesser value. If you wish to register for a Local Course or Advanced Course that exceed the value of the credit note, you will have to pay the difference between the credit note and the Fee for the a Local Course or Advanced Course; and

(b) within 28 days of the scheduled date for the Local Course, you will pay a cancellation fee equal to 100% of the relevant Fee. You must pay the cancellation fee (by way of liquidated damages) within seven days of receiving a written demand for payment from DIA or if the Fee has already been paid by you to us, the Fee will be forfeited.

4.5. If you cancel am Advanced Course:

(a) at least 90 days before the scheduled date for the Advanced Course, you will not be entitled to a refund of the Fee, but you will receive a credit note equal to the Fee paid by you for the Advanced Course,  which can be used to register for a Local Course or Advanced Course of equal or lesser value. If you wish to register for a Local Course or Advanced Course that exceed the value of the credit note, you will have to pay the difference between the credit note and the Fee for the Local Course or Advanced Course; and

(b) within 90 days of the scheduled date for the Advanced Course, you will pay a cancellation fee equal to 100% of the relevant Fee. You must pay the cancellation fee (by way of liquidated damages) within 7 days of receiving a written demand for payment from DIA or if the Fee has already been paid by you to us, the Fee will be forfeited.

4.6. If DIA needs to reschedule or cancel a Local Course or Advanced Course for any reason, DIA shall use reasonable endeavours to notify you of the change as soon as possible. In this instance, you may choose to cancel or register to attend the DIA Course on the rescheduled date. If you choose to cancel the DIA Course, then the Fee paid by you to us will be fully refunded to you within six weeks of receiving written notice of your cancellation.

4.7. If you do not show up or attend a DIA Course for any reason, you will not be entitled to a credit note or refund of the Fee.

5. Course Products

5.1. Any goods, materials, consumables or products provided to you as part of the DIA Course (Course Products) is the property of DIA and may only be used by you during, and as part of, the DIA Course. You must not sell, licence, lease or part with possession of the Course Products or otherwise use the Course Products for any purpose, other than in conjunction with the Course or for learning purposes. At the end of the DIA Course, you must promptly return all Course Products to DIA, unless we otherwise agreed in writing.

5.2. If you fail to return any Course Product to us, you will be charged the full retail value for the Course Product, which is payable by you within seven days of receiving our invoice for payment.

6. Your Data

6.1. You may be required to provide data to DIA, including your course registration details (including Personal Information) or other data and information disclosed by you or otherwise brought to the attention of DIA during a DIA Course (including suggestions or feedback to improve the DIA Courses) (collectively, Your Data).

6.2. You will have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. You will ensure that your Personnel or other third parties have given their authority and consent for you to provide their data to DIA (including Personal Information) and to use such Your Data in accordance with this Agreement.

6.3. You grant DIA a royalty-free, transferable, worldwide and perpetual licence to use and sub-license any of the Your Data that you make available to DIA (and all Intellectual Property Rights contained therein) for the purpose of providing the DIA Courses to you and otherwise performing our obligations under this Agreement.

6.4. You authorise DIA to:

(a) use Your Data to perform (and improve the performance of) the DIA Courses, and in the course of performing the DIA Courses and (and all Intellectual Property Rights contained therein);

(b) use Your Data to inform you of other products, courses or services that DIA may offer from time to time; or

(c) share Your Data with Affiliates or other third parties (with whom DIA may contract or be affiliated with from time to time) for the purposes of performing or improving the DIA Courses.

6.5. All information (including Personal Information) you disclose to DIA is subject to DIA’s Privacy Policy.

7. Intellectual Property Rights

7.1. You acknowledge and agree that DIA (or our licensors) own all Intellectual Property Rights in:

(a) the DIA Courses, course materials, Course Products and any information that may be provided to, or accessed by, you in connection with your participation in any DIA Course; and

(b) anything else generated, discovered or otherwise coming into existence as a result of, or in connection with, your participation in any DIA Courses (including all improvements, modifications, amendments or otherwise in any of the foregoing), (collectively, DIA IP).

7.2. You must not:

(a) without DIA’s prior written consent, use a recording device to record any DIA Courses you attend or participate in; and

(b) modify, duplicate, create derivative works from, transmit, sell, disclose, licence, distribute or commercially exploit all or any part of the DIA IP (including any course materials provided to you as a part of a DIA Course) or otherwise make all or any part of the DIA Course or Course Products available to a third party in any form or media or by any means.

8. Warranties and limitation of liability

8.1. To the maximum extent permitted by Relevant Laws, DIA excludes all express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), in connection with the DIA Courses and Course Products.

8.2. Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation where to do so is unlawful.

8.3. Although DIA shall use reasonable endeavour to assist your and your Personnel to improve their dental surgical skills and dental implant techniques, you and your Personnel are solely responsible for taking the steps necessary to practice, deploy and implement the learned techniques into your dental practice. DIA have no liability to you or your Personnel for any Loss incurred by you, your Personnel, your patients or anyone else, whether financial, medical, dental, reputational, legal or otherwise, for any perceived failure by you or your Personnel to achieve a material improvement in their dental surgical skills and dental implant techniques.

8.4. DIA have relationships with a network of dental suppliers and service providers, educational institutions, government agencies, regulatory authorities and industry professionals in and outside of Australia (Third Party Providers). Where we organise for you to participate in a DIA Course hosted by a Third Party Provider, you acknowledge that you be required to enter into an agreement with the Third Party Provider (Third Party Agreement), and we will not be liable to you for any Loss or Claim arising out of, or in connection with, or in relation to, your use of, and participation in, the DIA Course hosted by the Third Party Provider or the Third Party Agreement.

8.5. To the maximum extent permitted by Relevant Laws, we will not be liable to you or any third party for any:

(a) Consequential Loss; or

(b) Loss of, or damage to, any property or any personal injury or death to you, any third person,arising out of, relating or in connection with, your use, attendance and participation in, a DIA Course, your use of course materials and Course Products or any other ancillary products or services made available to you during a DIA Course and this Agreement, regardless of the cause of action on which they are based, even if advised of the possibility of such damage occurring.

8.6. Under no circumstances will DIA’s aggregate liability, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, exceed the Fees paid by you under this agreement in the preceding one month of the Claim.

8.7. You agree to defend, indemnify and hold DIA, our Affiliates and our Personnel (collectively, the Indemnified) harmless from and against any and all Losses and Claims that may be brought against the Indemnified or which the Indemnified may pay, sustain or incur as a direct or indirect result of, or arising out of:

(a) your or your Personnel’s use, attendance or participation in a DIA Course or your or your Personnel’s use of the Course Products; or

(b) any breach of this Agreement by you or your Personnel.

9. Optional activities

9.1. Optional and extracurricular activities provided by third parties do not form part of the itinerary for Advanced Courses that are hosted outside of Australia. You will pay for, and participate in, such optional and extracurricular activities at your own expense and risk.

9.2. DIA will have no liability or obligation whatsoever in relation to your participation in any optional and extracurricular activities. DIA does not endorse, sponsor or approve of any optional and extracurricular activities undertaken by you, even if we arrange for you to participate in such optional and extracurricular activities.

9.3. It is your sole responsibility to determine that the optional and extracurricular activities, meets your personal and/or business needs and are suitable for the intended purpose.

9.4. DIA recommends that you refer to the third party’s terms and conditions and privacy policy before you participate in, or transact, with such third parties.

10. Claims and Complaints

If you have a complaint about a DIA Course, please inform our Personnel at the time in order that they can attempt to resolve the complaint. If satisfaction is not reached through these means, then any further complaint should be put in writing to us within 30 days of the end of the DIA Course, which will be resolved in accordance with clause 12.

11. Updates

11.1. Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on the Website. Any changes are effective immediately upon posting to the Website. Your continued participation in any DIA Course provided, organised or hosted by us thereafter constitutes your acceptance of all such changes to the Agreement.

11.2. Please read this Agreement before participating in any DIA Course as the Agreement may have changed since the last time you registered to participate in a DIA Course.

12. Dispute resolution

The parties must, before resorting to court proceedings (except interlocutory or interim relief), refer any dispute between the parties under or relating to this Agreement initially to a nominated representative of each party to endeavour to resolve the dispute within 20 days. If the dispute is not resolved within this period, then either party may, in its sole discretion, initiate court proceedings. Notwithstanding the existence of a dispute, each party must continue to perform its obligations under this Agreement.

13. Force Majeure Events

DIA will have no liability to you or anyone else under this Agreement or otherwise if DIA is prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond Interplay’s control including, but not limited to, acts of God, failure of a utility service or transport or telecommunications network, riots, civil commotion, computer hacking, war, acts of terrorism, malicious damage, compliance with any law or governmental order, rule, regulation or direction, epidemic, pandemic mandatory lock-down or shutdown, accident, breakdown of plant or machinery, fire, flood, storm or earthquake, any disaster or adverse weather, governmental actions, default or non-performance of hosting or data centre providers or other suppliers or sub-contractors, labour disputes, or any other failure, act or omission in our supply chain.

14. General

14.1. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed, and to the circumstances for which it is given.

14.2. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

14.3. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, then the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

14.4. This Agreement, and any documents referred to in it, constitute the whole Agreement between the parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover.

14.5. You must not, without our prior written consent (which will not be unreasonably withheld), assign or transfer all or any of your rights or obligations under this Agreement to any other party.

14.6. The laws of the state of Victoria, Australia govern this Agreement. The parties agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.

15. Definitions

The definitions in this clause apply in this Agreement:

(a) Advanced Course means fellowship, advanced surgical techniques course or international course hosted, performed or organised by DIA, our Personnel, our Affiliates or Third Party Providers.

(b) Agreement has the meaning given to it in clause 1.1.

(c) Affiliate means in relation to any party, a person which, directly or indirectly, (i) is Controlled by that party; or (ii) Controls that party; or (iii) is Controlled by a person referred to in (ii) above, and for this purpose Control means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes.

(d) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.

(e) Consequential Loss means the following, however arising and even if it is reasonably contemplated by the parties at you submitted your Registration Form as a likely result of breach of the agreement:

(i) direct, indirect, consequential, incidental, special, remote or unforeseeable loss, damage, cost or expense;

(ii) loss of revenue, profit, income, bargain, opportunity, use, production, customers, business, contract, goodwill, or anticipated savings, loss caused by business interruption, or the cost of obtaining new financing or maintaining existing financing, loss of or corruption to data, loss of use of data or reputational loss or damage, loss earnings, emotional distress or injury to feelings;

(iii) costs or expenses incurred to prevent or reduce loss or damage which otherwise may be incurred or suffered by another user of third party; or

(iv) loss or damage of the nature set out above in clauses (i) to (iii) (inclusive) that is incurred or suffered by or to a third party.

(f) Course Products has the meaning given to it in clause 5.1.

(g) DIA, our, us or we has the meaning given to it in clause 1.1, and where the context permits, includes our Personnel and Affiliates.  

(h) DIA Courses have the meaning given to it in clause 1.1.

(I) DIA IP has the meaning given to it in clause 7.1.

(j) Fees means the fees and charges payable by you to DIA for the provision of the DIA Courses as specified on our Website (as amended from time to time).

(k) Force Majeure Event has the meaning given in clause 13.

(l) GST has the same meaning in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(m) Intellectual Property Rights means designs, copyright, trade marks, patents, operations, software or systems, trade names and domain names, rights in goodwill, rights in confidential information or other intellectual property rights, whether under statute, common law, equity, and whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist or will subsist now or in future in any part of the world.

(n) Local Course means a DIA Course hosted and performed by DIA, our Personnel, our Affiliates or Third Party Providers in Australia.

(o) Loss means loss, damage, liability, charge, expense, outgoing, payment or cost of any nature or kind, including legal and other professional costs and Consequential Loss.

(p) Personnel means any director, officer, employee, agent, contractor, sub-contractor, consultant or volunteers of a party.

(q) Personal Information means data by which a person may be personally identified, including a person’s name, postal address, email address, telephone number and any other information a party collects, including that which is defined as personal or personally identifiable information under any applicable Privacy Laws.

(r) Privacy Laws means any applicable laws and codes of practice dealing with privacy, including the Privacy Act 1988 (Cth) (as amended) and the Australian Privacy Principles, and any other legislation, codes and policies relating to the handling of Personal Information applicable to the jurisdiction in which you carry on your business.

(s) Privacy Policy means the privacy policy available on the Website or any other internet site notified by Interplay from time to time, which is incorporated into this Agreement.

(t) Registration Form means the form used by you to register to participate in a DIA Course, which is available on our Website.

(u) Relevant Laws means any relevant rules of common law, principles of equity, international, federal, state and local laws, statutes, rules, regulations, proclamations, ordinances and by-laws and other subordinate legislation, rulings, or legal requirements and Privacy laws, anywhere in the world.

(v) Third Party Providers has the meaning given to it in clause 8.4.

(w) Third Party Agreement has the meaning given to it in clause 8.4.

(x) Website means the website located at www.dentistryacademy.com.au and any other website notified by us from time to time.

(y) you or your has the meaning given to it in clause 1.1, and where the context permits, includes your Personnel and Affiliates.  

(z) Your Data has the meaning given to it in clause 6.1.