Website Terms of Use

Introduction

This website is owned and operated by Casemate Pty Ltd (ABN 63 050 164 568) trading as City Dental Supplies (or “We”). Your access to and use of the information on this website, along with our Privacy Policy, the terms and conditions under which you may purchase products from us and other notices on our website, is governed by and subject to these terms and conditions of use (“Terms”) and all applicable law. City Dental Supplies reserves the right to update its website or change these Terms at any time without notice to you by publishing the new terms or conditions on our website. By continuing to use this website you confirm that you have read and accept the Terms as they apply from time to time. If you disagree with these Terms or any part of these Terms, you must not use this website. 

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our City Dental Supplies use of cookies in accordance with the terms of City Dental Supplies Privacy Policy.

Eligibility

You are only eligible to access and use this website if you are over the age of 18 and/or otherwise have the legal capacity to enter into these Terms.

Protection

Given the nature of the internet, City Dental Supplies cannot guarantee that any data transmission is totally secure, free from viruses, malicious computer code, fault or other conditions which could damage or interfere with your computer systems.  It is your responsibility to ensure that you have sufficient protections in place to protect your computer and systems and to scan any materials from this website for viruses or other defects or corruptions that may cause damage to or interfere with your computer or systems. City Dental Supplies does not warrant that its website is free from viruses, defects or other corruptions and accepts no liability that may arise as a result of use, directly or indirectly, of this website. City Dental Supplies will also not be liable and accepts no responsibility for any interruption to your access to this website.

City Dental Supplies does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. If you become aware of any problems with the security of the website, please contact us immediately.

License to use website

Unless otherwise stated, City Dental Supplies and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

City Dental Supplies is the owner of the copyright of this website and the content contained on it. This includes all written and other material, illustrations, designs, photographs, video clips, icons, images of people, places and/or products posted.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.  

You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• display, perform, publish or show any material from the website in public without our written consent;

• adapt, reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose without our written consent;

• edit or otherwise modify any material on the website; or

• redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

For further information on how you may obtain authorisation to use any materials or content on this website, please contact City Dental Supplies at the “Contact Us” section of this website.

Trademarks

The website may contain registered trademarks owned by City Dental Supplies and may also contain trademarks owned by other parties. You are not authorised to copy, imitate or use these trademarks (in whole or in part) without the express written permission of City Dental Supplies or the relevant other party.

You agree that all the materials displayed on or available through this website, including without limitation any and all names, design, text  logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this 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.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without City Dental Supplies express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of this website is restricted. City Dental Supplies reserves the right to restrict access to areas of this website, or indeed this entire website, at City Dental Supplies discretion.

If City Dental Supplies provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.  You agree to accept responsibility for all activities that occur under your ID / account or password.

We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify us immediately of any unauthorised use of your account and/or password(s), or other breach of security.

City Dental Supplies may refuse service, terminate your account or disable your user ID and password in our sole discretion without notice or explanation.

Linked websites

This website may contain advertisements, links to other websites, content or resources which are owned or operated by third parties. Those third party websites do not form part of our website and are not under the control or responsibility of City Dental Supplies. Those links are provided for your convenience.

The presence of a link is not to be interpreted as an endorsement or approval of the site or the information contained on it. City Dental Supplies makes no representations or warranties about the truth, accuracy, completeness, security or currency of the content or information contained on the City Dental Supplies website including the competence, character or identity of any third party listed or identified on this website. You access linked websites at your own risk.

Further, City Dental Supplies has no control over these sites and will not accept any responsibility or liability for any injury, loss or damage suffered by you arising from or caused by any linked site. If you choose to leave the City Dental Supplies website via links to other unaffiliated sites, including those of advertisers, we are not responsible for the privacy practices of those sites. You should carefully review the terms of use and privacy policies of all other party’s websites that you visit.

You acknowledge that we may receive payments and/or commissions from operators of linked sites as a result of click-throughs from our site.

You must obtain our written permission to make any hyperlinks with this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied.  City Dental Supplies makes no representations or warranties in relation to this website or the information and materials provided on this website.  

While City Dental Supplies endeavours to ensure that all information on this website is current and accurate, the information on this website may become outdated over time. Without prejudice to the generality of the foregoing, City Dental Supplies does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, reliable, current, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

To the extent allowable under the Competition and Consumer Act 2010 or any other applicable law, City Dental Supplies will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  1. for any direct loss;
  2. for any indirect, special or consequential loss or damage; or
  3. for any business losses, loss of revenue, opportunity, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

In the case of goods, we (at our option) limit our liability in respect of any claim to (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of having the goods repaired.

In the case of services, we (at our option) limit our liability in respect of any claim to (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.

You must take all reasonably steps to minimise any loss you suffer or are likely to suffer and that is the subject of a claim against us under these Terms. If you do not take reasonable steps to minimise that loss, then our liability to you for the relevant claim will be reduced accordingly

These limitations of liability apply even if City Dental Supplies has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit City Dental Supplies liability in respect of any:

  • death or personal injury caused by City Dental Supplies negligence;
  • fraud or fraudulent misrepresentation on the part of City Dental Supplies; or
  • matter which it would be illegal or unlawful for City Dental Supplies to exclude or limit, or to attempt or purport to exclude or limit, its liability. 

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.  

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, City Dental Supplies has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against City Dental Supplies officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect City Dental Supplies officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as City Dental Supplies. 

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify City Dental Supplies and undertake to keep City Dental Supplies indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by City Dental Supplies to a third party in settlement of a claim or dispute on the advice of City Dental Supplies legal advisers) incurred or suffered by City Dental Supplies arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to City Dental Supplies other rights under these Terms, if you breach these Terms in any way, City Dental Supplies may take such action as City Dental Supplies deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Privacy

We have adopted a privacy statement and you should refer to it to fully understand how we collect and use your information. Your use of this website indicates that you have read, understood and agree to our privacy statement. The privacy statement explains how your personal information is collected and managed in accordance with the National Privacy Principles in the Privacy Act 1988 (Cth).

Assignment

City Dental Supplies may transfer, sub-contract or otherwise deal with City Dental Supplies rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.  

Severability

If a provision of these Terms 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 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. 

Entire agreement

These terms and constitute the entire agreement between you and City Dental Supplies in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

Although this website may be accessed worldwide, content is only intended for residents in Australia. By accessing, browsing or using this website, you agree that these Terms shall be governed by and construed in accordance with the laws of South Australia, Australia.

Regardless of where you access this website, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or state courts located in South Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and us.