Terms and Conditions

Please read these Terms and Conditions before using this Web Site or placing an order.

In these Terms and Conditions:

“Prime”, “we”, “our” and “us” means Prime Practice Pty. Ltd. (ACN 161 578 454) and “you” and “your” means the user of this Web Site or the person or entity placing an order.

GENERAL TERMS AND CONDITIONS

By using this Web Site and/or placing an order you are accepting these terms and conditions and confirming that you are at least 18 years old.
If you do not agree to these terms and conditions, our Privacy Statement (https://primepractice.com.au/privacy) or are not at least 18 years old do not use this Web Site.
We may update this Web Site and change these terms and conditions at any time. Your continued use of this Web Site after such update or change will constitute your deemed acceptance of such update or change.
When using this Web Site or you send emails to us you are communicating with us electronically. By using this Web Site we and you consent to receiving communications electronically. We will communicate with you by email or by posting notices on this Web Site. We and you agree that all electronic communications between us of agreements notices disclosures or other information satisfy any legal requirement that such communications be in writing.
This Web Site and all content contained within it is protected by copyright and other intellectual property rights and no portion of it may be used without our express written permission.
A Cookie is a small data file that is stored by your web browser on your computer. We use Cookies to help monitor your online activity and to improve service for you on your subsequent visits to this Web Site. The information that we collect from Cookies is anonymous and is not personally identifiable.
We will take reasonable care in ensuring that Web Site is free from viruses or other dangerous content however cannot guarantee that the use of this Web Site will not cause damage to your computer or other devices. It is your responsibility to make sure that you have the proper equipment and antivirus software to use this Web Site safely.
The nature of Internet communications means communications you may be susceptible to data corruption, interception and delays and you agree that unless proven otherwise we are not responsible for such occurrence.
This Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the information or content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. You should familiarise yourself with the terms and conditions relating to the use of any Linked Site. We are not liable for any damage caused by or from your use of a Linked Site.
As a condition of your use of this Web Site, you warrant to us that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this Web Site in any manner which could damage, disable, overburden, or impair this Web Site or interfere with any other party’s use and enjoyment of this Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Web Site.
This Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with us, the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Restrict or inhibit any other user from using and enjoying the Communication Services;

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

Harvest or otherwise collect information about others, including e-mail addresses, without their consent;

Violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Prime’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized our spokespersons, and their views do not necessarily reflect our views.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

You acknowledge and agree that all users of this Web Site and/or the Communication Service may as a consequence of your use of the Web Site and the Communication Service obtain information regarding you and information communicated by you to the Communication Service.

13. Prime does not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to this Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

14. We reserve the right, in our sole discretion, to terminate your access to this Web Site and the related services or any portion thereof at any time, without notice.

15. These terms and conditions are governed by the laws of New South Wales. You and we irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of Web Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to this Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

16. All contents of this Web Site are the copyright of Prime.

17. The names of actual companies and products mentioned herein may be the trademarks of their respective owners and any rights not expressly granted herein are reserved.

18. You agree to indemnify Prime and keep it indemnified against all actions, claims, costs, demands, damages or liability arising in any manner from a breach by you of these terms, conditions and notices.

19. We exclude to the maximum extent permitted by law any liability which may arise as a result of the use of this Web Site or the content contained within it. Where liability cannot be excluded any liability incurred by us in relation to the use of this Web Site or the content is limited as provided under the Australian Consumer Law.

20. From time to time there may be content on this Web Site that contains typographical errors and inaccuracies or oversights relating to a product description, product image, price, promotion, special offer or availability. In any of these circumstances we have the right to amend any typographical errors, inaccuracies or oversights and to correct or update content or cancel orders at any time without prior notice including when orders have been submitted.

21. By completing and submitting an electronic order form you are making an offer to purchase a product, service or a right to participate at an event conducted by Prime (Event), which if accepted by us will result in a binding contract when we confirm the registration/purchase by email and/or issue a tax invoice to you. We retain the right to cancel orders if our processes identify any attempt at fraud or for any other legitimate reason.

22. The price displayed on this Web Site is shown as an amount inclusive of GST. We reserve the right to vary prices at any time without prior notice. If you are a New Zealand resident purchasing a product or service to be utilised in New Zealand GST may not be applicable and may be deducted from the price payable. NZD may be converted to AUD on date of transaction and there may be exchange rate fluctuations.

23. Payment for orders are made via Stripe Payments Australia Pty Ltd (ACN 160 180 343) when you check out from the product order screen. We retain the right to use alternative payment solutions without prior notice.

24. Once your order has been accepted by us it may not be cancelled by you without our express written consent and no refund of amounts paid or payable will be made.

25.In respect of any material provided as part of an Event, E-Learning or other product or service (“Materials”) you agree that:

we own or are entitled to all intellectual property rights in respect of the Materials;
you may not allow any other person to use the Materials;
you may not use the Materials to provide any services of any kind to any other person;
you will not reproduce or include the Materials in any other work or publication;
you will not modify or alter the Materials in any way; and
you will not distribute or sell the Materials to any third party for any purpose.

26. In respect of an Event being held in Australia where applicable we confirm that the courses is compliant with the current Dental Board of Australia Guidelines on CPD.

27. In respect of an Event being held in New Zealand where applicable the NZDA verifies, that based on the information provided to NZDA, this activity meets the Dental Council policy requirements for CPD. NZDA CPD verification does not imply promotion or endorsement of the contents of any course. Attendees need to use professional judgment to assess the validity and usefulness of techniques, materials or therapeutic products to their own business.

28. For all countries other than Australia and New Zealand and unless stated otherwise, the CPD equivalent must be determined by the attendee independently.

29. By placing an order you acknowledge that you may receive an email inviting you to register as a user of Prime Go. For your registration and attendance at some Events, you will be required to register as a user in Prime Go.

30. You acknowledge and agree that the information provided by us on the web site and in any product or service provided by us (“Information”) is information of a general and non-specific nature only and may or may not have application in relation to a specific business. To the fullest extent permitted by law the user of any Information (“User”) as condition of using the Information acknowledges and agrees we shall not be liable to the User for any injuries, claims, losses, expenses or damages (including any special, indirect or consequential damages whether relating to loss of profits or revenue or otherwise) whatsoever that the User may be or become liable for as a consequence of or in connection with the use by the User of the Information.

31. You acknowledge and agree that, to the fullest extent permitted by law our liability and the liability of our employees, agents and contractors to you and or/a User for any and all injuries, claims, losses, expenses or damages (including general, special, indirect or consequential damages whether relating to loss of profits or revenue or otherwise) whatsoever arising out of or in any way related to the Information from any cause or causes including but not limited to the negligence, errors, omissions, strict liability, breach of contract or breach of warranty by us (but excluding any wilful or intentional wrong) shall not exceed the greater of the total amount paid by you for the order or $10,000. Notwithstanding the above the liability of Prime for breach of any guarantees under the Competition and Consumer Act 2010 and the Australian Consumer Law, or comparable legislation in each of the States and Territories of Australia is limited to any of the following as determined by Prime: a) the supplying of the Services again; or b) the payment of the cost of having the Services supplied again.

In addition to the above Terms and Conditions the following specific Terms and Conditions apply for the purchases of:

33. Public Workshops Events

All applications are subject to availability. CANCELLATIONS: Up to 4 weeks prior to the event a 25% refund is available for cancellations or applicants are able to transfer to another Prime Practice workshop or Prime Compliance service (at the same cost) free of charge. No refund will be given for cancellations made with less than 4 weeks notice. Cancellations must be received in writing. Substitution of delegates can occur at any time at no cost.

You will receive confirmation of your registration within 2 working days. If not, contact Prime Practice. To avoid disappointment, do not book travel and/or accommodation until your registration is confirmed via email.

34. In Practice Services – Audit and Infection Prevention and Control Training

All applications are subject to availability. CANCELLATIONS: Up to 4 weeks prior to the event/practice visit a 25% refund is available for cancellations or applicants are able to transfer to another Prime Practice workshop or Prime Compliance service (at the same cost) free of charge. No refund will be given for cancellations made with less than 4 weeks notice. Cancellations must be received in writing. Substitution of delegates can occur at any time at no cost.

Web Site pricing is based on our in-practice services being delivered in metropolitan areas of capital cities in Australia and Auckland, Christchurch and Wellington in New Zealand only. You acknowledge and agree that we can charge additional fees for delivery of these specific services outside these areas but will not do so without your written approval in writing.

35. Live Online training, E-Learning and Webinars

All applications are subject to availability. CANCELLATIONS: All Live Online training, E-Learning and Webinar registrations are final and there is no refund for cancellation.

You acknowledge and agree that in respect of All Live On Line training, E-Learning and Webinars:

they may be recorded and used by us in any manner and for whatever purpose we determine; and
we own or are entitled to all intellectual property rights in respect of thereof.

36. Infection Prevention and Control Subscription Plans

If you purchase a Plan, you acknowledge and agree that the Plan is for a period of 12 months.
You acknowledge and agree that the minimum Cost of Your selected Plan is equal to the monthly rate of the selected Plan multiplied by 12 months. This is the Minimum Cost of the Plan.
If you cancel the Plan prior to the end of the Plan, you agree to pay out the remaining portion of your selected Plan in full within 30 days of notifying Prime Practice of the cancelation of your Plan.
The Plan commences on the date that we acknowledge confirmation of the initial receipt or payment for the Plan or you receive confirmation from us that your application for a Plan has been accepted.
The price for each Plan is based on our in-practice services, if applicable, being delivered in metropolitan areas of the capital cities in Australia and Auckland, Christchurch and Wellington in New Zealand only. You acknowledge and agree that we can charge additional fees for delivery of these specific services but will not do so without your written approval in writing. In such a case, these additional charges will result in the monthly Plan rate being varied to incorporate this and spread equally over the minimum 12-month period.
You can upgrade your Plan at any stage. This will result in the new Plan being subject to all the Terms and Conditions of that new Plan and you acknowledge and agree that new Plan will be for a period of 12 months from the transfer date to the new Plan.
You acknowledge and agree that the Plan will automatically renew for a further period of 12 months should you not elect to cancel the Plan in writing to us no less than 30 days prior to the expiration date of your existing Plan.
By renewing your membership, you agree to the membership terms that apply at that time and which may include price changes to your renewed Plan. Prices may be subject to change without notice.
Payment responsibilities: You must make sure:
your account can accept direct debits (your financial institution can confirm this)
• there is enough money in your account on the payment day and the next 5 days thereafter
• you tell us if you are transferring or closing your account, at least 48 hours before your next direct debit
• you tell us about any changes to your credit card, such as its expiry date or number, at least 48 hours before your next direct debit.
If you do not fully pay your fees on the due date, we reserve the right to suspend your Plan until your payments are up to date and you have given us your account details. We will also charge you a late payment fee of $7.50 for a failed payment. This will be debited from your account, and you authorise us to do this. We will continue to debit your nominated account without notice, until we have received the total amount you owe us.
You cannot assign or transfer the benefit of your Plan to a person, firm or company at any time without our written permission.
If you default in payment of your Plan, we may send your outstanding debt to a third-party debt collection agency to collect your outstanding fees. If this debt is sent to a third-party further fees and charges may be payable.
You acknowledge and agree that any benefits which may form part of the Plan selected is limited to certain of our services only. We will specify in writing the benefits for each of our services at the commencement of the Plan. We reserve the right to vary these benefits from time to time without notice.

37. Prime Individual and Practice Plans

If you pay a year in advance, or commit to a 12 month Plan, you are agreeing to a 12 month commitment to Prime and no cancellations or refunds will be provided by Prime.

Other than as provided above a Plan may be cancelled by you on not less than three (3) calendar months’ notice in writing to Prime.

You will receive confirmation of your registration within 2 working days. If not, please contact Prime.

38. Prime Practice Image Consent and Release Participants and other attendees (“Participants”) at Prime Practice education training and information seminars (both face to face and on line) and other events conducted by Prime Practice (“Events”) acknowledge and agree that:

Unless a Participant has prior to or during an Event notified Prime Practice otherwise, Prime Practice may use a photograph/image/audio recording/video and likeness in all forms and manner taken at or relating to an Event of a Participant including the name of the Participant (“Image”) for the purposes of advertising, media publicity, publication, general display, trade or for any other lawful purpose undertaken by Prime in whole or in part, including but not limited to publication on internet web sites, broadcasts and any other publications as released to or by Prime (“Publication”);
They waive any interest that they may have in the copyright to the Image now or at any future time and acknowledge that they are not entitled, nor shall in the future be entitled, to receive any payment or consideration in respect of it and agree to make no claim against Prime Practice for any payments for the Publication of the Image;

They understand Prime Practice cannot control unauthorised use of the Image by persons not associated with Prime Practice upon the Publication of the Image and forever waive any right to inspect or approve any Publication of the Image by Prime Practice and release and indemnify Prime Practice from any loss, damage, costs, expense, or claim (including consequential loss) connected with the Publication of the Image, including action for defamation, libellous material, breach of privacy, or copyright.

39. You agree that Prime Practice may share your personal information including your name, email address and phone number with Prime Practice’s third-party partners for the purpose of them offering me products and services that Prime Practice considers may be of interest to you. Please contact Prime Practice at info@primepractice.com.au if you do not wish your information shared with third-party partners.

40. Notwithstanding the above general and specific terms and conditions, additional terms and conditions specific to a particular program, product or service may apply. Those terms and conditions maybe found on the Web Site (www.primepractice.com.au) or contained in specific documentation relating to those programs, products or service.