TERMS AND CONDITIONS
1. Welcome to CAAD Education and Service Overview
CAAD Education Pty Ltd ACN 682 965 804 (“we," "our," "us," or "CAAD") is a professional dental education provider offering continuing professional development courses, events and mentorship services for dental practitioners, with expertise in clear aligner orthodontics and interdisciplinary treatment approaches. We own and operate www.caadeducation.com and all of its subdomains (our Site), and various third party social media and messaging sites, channels, pages, groups and forums (which collectively with our Site, we refer to as our Services).
Our Services also include all products, courses, programs, subscriptions, services and resources made available through our Site, including but not limited to:
(a) the Essential Aligner Mastery Course (Course), covering clear aligner orthodontics, interdisciplinary treatment content, case discussions, in-person lectures, hands-on training, and personalised training;
(b) related course materials, professional resources, industry updates, networking opportunities, and continuing education documentation; and
(c) any other products, services, or resources we may offer from time to time through digital or physical formats.
2. Definitions and Interpretation
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Acceptance and Variation of Terms
Your permission to access, attend and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an ‘accept’ button, making a purchase, downloading and using our products from us, creating an account, attending a Course, accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
We reserve the right to modify, permanently or temporarily disable, cancel or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, our Privacy Policy [DL1] [SW2] [SW3] [DL4] or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.
Material changes affecting Service delivery or Participant obligations will be communicated with reasonable written notice. Your continued use of our Services following the notice period will constitute acceptance of all notified alterations, withdrawals or amendments.
[DL1]When publishing these Terms and Conditions to your website, ensure that these words are a link/URL to your published Privacy Policy page.
[SW2]ok
[SW3]Does this 30 days written notice means if we do ever change our T&C we need to tell everyone via written notice?
[DL4]As written, that is correct. There’s no blanket law forcing “30 days’ written notice” for every T&Cs change however fair notice for material/detrimental changes, aligned with Australian Consumer Law (ACL) and unfair contract terms (UCT) should be given. I've changed it to reasonable notice so there's no strict timeframe.
2.1 Definitions
In these Terms and Conditions, unless the context otherwise requires:
(a) AHPRA means the Australian Health Practitioner Regulation Agency;
(b) Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth);
(c) Course means the comprehensive Essential Aligner Mastery educational program provided by CAAD covering clear aligner orthodontics and interdisciplinary treatment approaches as detailed in these terms and conditions and any other course or program (in any format) offered by us from time to time;
(d) Intellectual Property includes all copyright, patents, designs, trade marks, confidential information, and other intellectual property rights.
(e) Participant or you means any dental practitioner or other person who engages CAAD's Services;
(f) Patient Data means any information relating to a dental patient including clinical records, photographs, radiographs, and treatment details;
(g) Participant-Hosted Patient Data means any Patient Data that remains stored solely on a Participant’s own devices, practice management software, or physical records to which CAAD is given temporary access during live interactions (including screen-sharing, videoconferencing, or in-person consultations) without being uploaded to, recorded by, or retained within CAAD systems.
(h) Transient Technical Processing means the temporary, automated routing of electronic communications through CAAD’s systems that is purely incidental to real-time transmission, is not intentionally stored, and is irretrievably deleted once transmission is complete.
2.2 Interpretation
(a) References to statutes include all amendments, replacements, and subordinate legislation made under them from time to time;
(b) Headings are for convenience only and do not affect interpretation;
(c) Words importing the singular include the plural and vice versa;
(d) References to persons include corporations and other legal entities;
(e) These Terms are governed by the laws of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
3. Acceptance and Variation of Terms
Your permission to access, attend and use our Services is conditional upon you agreeing to the terms and conditions set out below (Terms). You must read these Terms carefully.
By clicking an ‘accept’ button, making a purchase, downloading and using our products from us, creating an account, attending a Course, accessing or using any part of our Services, you accept, or are deemed to have accepted (as the case may be), all of these Terms, as varied, modified or amended by us from time to time.
You agree that these Terms are legally enforceable and binding in the same manner as any written negotiated contract bearing your signature or seal. If you do not agree with these Terms, you must not create an account and must not access or use any part of our Services.
We reserve the right to modify, permanently or temporarily disable, cancel or discontinue any part of our Services and to alter, amend or withdraw any part of these Terms, our Privacy Policy or any information or material appearing on our Services at any time, without liability or further notice to you. Your continued use of our Services will constitute an automatic acceptance of any alterations, withdrawals or amendments made by us.
Material changes affecting Service delivery or Participant obligations will be communicated with reasonable written notice. Your continued use of our Services following the notice period will constitute acceptance of all notified alterations, withdrawals or amendments.
4. Acceptable Use
You agree that you are only authorised to use our Services (which includes the purchase of any of our Courses and other products or services) for the following activities for personal use or consumption only (i.e. not reselling or commercialisation):
(a) accessing, attending, and utilising products and Services in accordance with these Terms;
(b) professional development activities related to your dental practice and consistent with your AHPRA registration scope;
(c) legitimate educational purposes that enhance your clinical competency and professional knowledge; and
(d) any other purposes specifically authorised by us in writing or through specific Service provisions.
You must not use our Services for any illegal purpose or activity, including but not limited to any act which causes, or may be likely to cause, physical harm to any person.
Your access and use of our Services are subject to these Terms and any other terms and conditions of use that appear on our Services (including third party terms of use, such as those adopted by social media websites and platforms) and any click-and-accept end user licence terms, together with privacy policy terms and acceptable use standards.
You agree not to use our Services to do any of the following:
(a) distribute malware or viruses;
(b) send unsolicited communications, promotions or advertisements (commonly referred to as spam);
(c) send false, misleading or deceptive source-identifying information, including ‘spoofing’ or ‘phishing’;
(d) send anything that is fraudulent, misleading, or infringes a third party’s rights;
(e) impersonate or misrepresent your affiliation with any person or entity;
(f) use our Services in any manner that could damage our reputation, goodwill, or professional standing in the dental education community; or
(g) breach any law, violate the privacy of a third party, or defame a third party.
5. Eligibility and Professional Requirements
5.1 Professional Registration Requirements
(a) AHPRA-Registration: Access to our Services requires compliance with strict professional registration requirements. You must be an AHPRA-registered dental practitioner with current, active AHPRA registration to register for any of our Services. This requirement ensures that all Participants maintain the professional standards necessary for safe and effective participation in dental education and clinical mentorship activities. We may require evidence of your professional registration status at any time during your engagement with our Services, and you warrant that all registration information provided is current, accurate and complete.
(b) Professional Indemnity: You must maintain current and adequate professional indemnity insurance coverage appropriate for your dental practice and the education activities you undertake through our Services in accordance with law. Insurance coverage must extend to all clinical activities, including orthodontic treatment and any procedures , methodologies, or planning services which are the subject of any of our Services. Coverage must remain current throughout Service provision and for appropriate periods following treatment completion in accordance with professional standards and regulatory requirements.
5.2 Ongoing Compliance
You agree to immediately notify us within seven (7) days if your professional registration is suspended, cancelled, or subject to conditions that may affect your participation in our Services. Similarly, you must notify us immediately of any changes to your professional indemnity insurance that may affect coverage for activities undertaken through our Services. We reserve the right to suspend or terminate your access to our Services if your professional registration status or insurance coverage changes in a manner that affects your eligibility for our Services (as determined by us in our discretion) or creates potential liability issues for you or us.
5.3 International Practitioners
Dental practitioners registered outside Australia may participate in our Services subject to our prior written approval and compliance with any additional requirements we may impose in our discretion. Such practitioners remain responsible for ensuring their participation complies with their local professional obligations and laws.
6. Accounts
6.1 Account Creation
Some of our Services may require you to:
(a) create an account with us; and or
(b) provide us with a valid email address.
You may be required to provide additional information to carry out certain activities, such as purchasing a Course or other Service from us, as set out in our Privacy Policy.
6.2 Acknowledgements
When creating an account, you acknowledge and agree that:
(a) you are a current AHPRA-registered dental practitioner with active registration status and maintain all necessary professional credentials and professional indemnity insurance as set out in these Terms for participation in our Services;
(b) you are legally authorised to attend, use, and engage with our Services;
(c) you will not provide any false personal information and will keep your personal information accurate and up-to-date;
(d) you will create only one account and will not duplicate or misrepresent your account status or professional credentials;
(e) you will maintain the confidentiality and security of your account access credentials and will not permit any unauthorised person to access your account or use your credentials;
(f) you will not create a new account if your account is disabled;
(g) if you create an account using your user credentials from a third party site (such as Facebook or Google), your use of such credentials is subject to the relevant third party site’s terms of use and privacy policy, and you consent to us collecting such user credentials for the purpose of creating your account;
(h) we may alter any part of your user account if we receive a legitimate complaint, or otherwise form the view (in our sole discretion) that it is inappropriate or offensive; and
(i) we have the right to modify, suspend or terminate your access to our Services, at any time, in our sole discretion, without prior notice to you.
6.3 Account Deletion and Termination
You may delete your account at any time either by using the in-built deletion facility on our Services (if any), or by contacting us by at caadeducation@gmail.com.
We reserve the right to delete, suspend or restrict your account/s on our Services at any time and for any reason, including but not limited to:
(a) if you breach these Terms, or any other relevant third party terms and conditions, or we suspect that you have breached them;
(b) professional misconduct, changes in professional registration status or circumstances, or changes in professional indemnity insurance coverage impacting your entitlement to practice in Australia or your eligibility for our Services (as determined by us in our discretion); or
(c) if you engage in any illegal, offensive, defamatory, or obscene conduct or behaviour.
7. Orders, Payments, Refunds and Cancellations
7.1 Purchase Process and Confirmation
(a) When you purchase any Service or other products from us, you acknowledge that such purchases are subject to these Terms.
(b) Purchases become effective upon your completion of the ordering process, full payment of the purchase price, encompassing taxes and fees, and issuance of an order confirmation by us.
(c) We reserve the rights to:
(i) accept or reject any order to purchase from us;
(ii) request identification and evidence of AHPRA registration and/or professional indemnity insurance prior to processing an order; or
(iii) terminate an order for any reason at any time.
If we exercise these rights, we will notify you via email, but please note that we shall not be held liable for any resulting loss or damage.
7.2 Pricing and Payment Methods
All prices are quoted in Australian Dollars (AUD) and include applicable taxes unless otherwise specified. Prices may change without advance notice, with all purchases charged at the price in force when the order is validated. Payment methods we support may include:
(a) credit card payments through eWay Payment System accepting Visa, Mastercard, AMEX, Apple Pay, and Google Pay, with industry-standard security protocols and encryption. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times;
(b) direct bank transfer to CAAD's nominated business account with payment confirmation required prior to Service activation. All payment processing utilises industry-standard security protocols and encryption. Payment confirmations are provided electronically upon successful transaction completion; and
(c) alternative payment arrangements as may be offered from time to time subject to additional terms and verification requirements.
Where you fail to make payment or payment is declined for any reason, we may revoke your access to our Services. When making payments to us, you warrant that you have read the terms and conditions of any third party payment gateway provider or credit provider (e.g. eWay, Wix, Afterpay, Paypal, Stripe etc.) which are available on their respective websites.
7.3 Refund Policy and Chargebacks
To the greatest extent permitted by law, subject to the following Refund Policy, all fees and other monies paid or payable by you to us are non-refundable immediately upon payment by you. To the extent that we are liable under the law for any defect or issue, our liability is limited to the amount paid by you.
Our Refund Policy is as follows:
(a) Essential Aligner Mastery Course: You may cancel your enrolment with:
(i) a full refund for cancellations made at least thirty (30) days before the advertised Course date;
(ii) a fifty percent (50%) refund for cancellations made at least fourteen (14) days before the Course date; and
(iii) no refund for cancellations made within fourteen (14) days of the Course date.
(b) Other Services: Refund eligibility varies based on Service type and progress, with detailed refund calculations provided upon request in accordance with work completed and resources utilised; and
(c) Nothing in these Terms excludes, restricts, or modifies rights or remedies available under Australian Consumer Law or other applicable consumer protection legislation, and statutory rights always take precedence over these commercial terms.
(d) If you initiate a transfer recall with your financial institution, or a chargeback on your credit or debit card, or take any similar action, you must pay us an administration fee of $50.00 on demand. You must also return any products which you have received, but for which you have not paid in full. A failure to return such product/s will entitle us to recover the full sale price from you as a liquidated debt. You acknowledge, agree and consent to us setting off any such fees against any monies which we may owe to you from time to time.
7.4 Retention of Title and Ownership
Despite any other provision of these Terms, all right and title to physical or digital products you purchase remain with us until full payment including taxes and fees, absence of chargebacks or transfer recalls for at least thirty (30) days after purchase, and satisfaction of all outstanding obligations under these Terms.
8. Delivery and Insurance
We will deliver products or course materials by email or other digital means (including digital download and streaming via a third-party platform) and, where applicable, by hand. You acknowledge and agree that your use of a third party streaming platform will be subject to the terms and conditions of that platform as well as these Terms.
All risk in products which you purchase from us shifts to you upon us handing over possession of the products to you.
You must inspect all products immediately upon download or receipt and let us know if there is an issue. We reserve the right to remove active links for download or streaming of digital products or reports after seven (7) days of purchase.
9. Promotions and Discounts
We may offer promotions and discounts from time to time. All promotions and discounts are offered subject to these Terms and any other terms and conditions specified by us from time to time on our Services or by direct communication to you.
10. Affiliate Program
We may offer an affiliate program, which is subject to the terms and conditions which we publish on our website, or otherwise notify to you. You acknowledge and agree that we may vary the terms and conditions applying to any affiliate program at any time without prior notice to you. Your continued use of our Services will constitute an automatic acceptance of any such variations made by us.
11. Mentorship, Free Case Add-Ons and Sponsor Bonuses
The Course may include a mentorship session and/or one free case review (the “Add-Ons”) as advertised at the time of purchase. Add-Ons are educational only and do not constitute clinical advice or treatment. You remain responsible for your clinical decisions and your patient’s care. Patient materials must be de-identified.
Add-Ons must be booked within three (3) months of the Course completion date and used within 12 months of that date (the “Expiry Date”). After the Expiry Date, any unused Add-Ons lapse automatically and have no cash value.
Add-Ons are personal to the delegate, non-transferable, and limited to one case per eligible Course enrolment unless we agree otherwise in writing.
We may grant a one-time extension of up to 3 months for medical leave, parental leave, or comparable circumstances if requested before the Expiry Date and supported by reasonable evidence.
From time to time, we may offer a sponsor-provided Add On (a “Sponsor Bonus”) as a limited free bonus, subject to availability and the sponsor’s own eligibility/supply terms. Sponsor Bonuses are not guaranteed for every enrolment and quantities may be capped. If a Sponsor Bonus is unavailable, we may update or withdraw the offer for future enrolments and will reflect any changes in our advertising. Where a Sponsor Bonus was advertised at your time of purchase but becomes unavailable despite reasonable efforts, we may offer a reasonable alternative (e.g. a comparable product or course credit) but are not obliged to do so. Sponsor Bonuses have no cash value and are non-transferable.
12. Security
You must ensure that all login IDs and passwords required to access our Services are kept secure and confidential. We may support multi-factor authentication in order to access our Services, such as by requiring you to input one-time-use codes sent to the mobile number associated with your account, which we encourage you to use to secure your account.
You must immediately notify us of any unauthorised use of your login IDs or passwords or any other breach of security.
Where there is unauthorised access or a breach of security, we will take appropriate steps to rectify the unauthorised use or breach of security, including by, without limitation, cancelling and resetting the relevant login IDs and passwords, and you must take all other actions that we reasonably deem necessary or desirable to maintain or enhance the security of our computing systems and networks and your access to our Services.
We will use all reasonable endeavours to ensure that we provide a secure environment for any data stored or hosted on our systems, including by encrypting your data. You acknowledge however that no information which is available on the Internet is completely secure and you agree that we will not be liable for any damage, loss, cost, liability, expense, injury or death of any kind and however arising including penalties, fines and interest whether prospective or contingent and any amounts that for the time being are not ascertained or ascertainable (Loss) suffered by you or any third party should our security measures (or those of any of our service providers) be overcome or breached.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorised disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any personal computer, laptop, mobile or other device owned or controlled by you. Our security obligations under this clause relate only to data actually held by CAAD. Patient Data remains the Participant’s sole responsibility at all times.
13. Patient Data and Professional Confidentiality
13.1 Ownership and Control
All Patient Data (including Participant-Hosted Patient Data) remains the sole property and responsibility of the Participant.
CAAD does not request, require, or assume possession of Patient Data. To the extent Patient Data is displayed or discussed during live mentoring or Course sessions, such disclosure occurs exclusively under the Participant’s control and remains Participant-Hosted Patient Data.
13.2 No Storage or Retention by CAAD
CAAD only temporarily accesses Patient Data under the Participant’s control and does not upload, download, copy, retain, or store Patient Data in any CAAD-controlled storage location.
Any Transient Technical Processing that occurs as part of routine data transmission does not constitute collection or possession by CAAD for the purposes of the Privacy Act 1988 (Cth). The Participant acknowledges that CAAD represents a technology service provider only in connection with any Transient Technical Processing and the Participant retains sole responsibility for all relevant Patient Data at all times.
13.3 Participant Obligations
The Participant must ensure that any Patient Data shared in live sessions is limited to the minimum information reasonably necessary for educational discussion and, where practicable, is de-identified.
The Participant warrants that of its handling of all Patient Data complies with the Privacy Act 1988 (Cth), applicable health-records legislation, and any professional confidentiality obligations.
13.4 Indemnity Specific to Patient Data
The Participant indemnifies CAAD against all Loss arising from any claim that CAAD has breached privacy, confidentiality, or health-records obligations in relation to Patient Data, except to the extent the claim arises from CAAD’s wilful misconduct.
13.5 Patient Identifying Material
For the avoidance of doubt, nothing in these Terms requires the Participant to provide CAAD with copies of patient charts, radiographs, photographs, or other identifiable patient materials, and CAAD has no right to request such materials.
14. Data Protection and Privacy Law Compliance
14.1 Privacy Law Compliance
These Terms are subject to our comprehensive Privacy Policy, which is incorporated by reference and forms an integral part of our contractual arrangement. We maintain clearly expressed and up-to-date privacy policies about personal information management. By using our Services, you consent to the collection, use, and disclosure of personal information as detailed in our Privacy Policy and these Terms.
14.2 International Data Considerations
Where our Services involve international data transfer or cloud storage systems using overseas data centres, appropriate safeguards ensure compliance with all applicable legal requirements.
14.3 Non-Possession of Patient Data
For clarity, CAAD does not collect or hold Patient Data. All obligations regarding collection, storage, use and disclosure of Patient Data remain with the Participant (see clause 11.1). Any information visible to CAAD during live interactions is Participant-Hosted Patient Data and is not retained by CAAD beyond Transient Technical Processing.
15. Service Modification and Termination
15.1 Service Changes and Updates
CAAD may update or amend the Services from time to time, provided that any material change will be implemented fairly and with reasonable notice to participants. Updates may include:
(a) revising educational content, methodologies, and course materials to reflect current best practice, technological advances, and evidence-based developments in dental education;
(b) enhancing technological platforms, software systems, and digital delivery methods to improve service quality, user experience, and educational effectiveness;
(c) adjusting delivery methods, schedules, locations, or instructor arrangements to meet operational requirements, professional availability, or opportunities to enhance learning outcomes; and
(d) introducing improvements based on participant feedback, industry developments, or quality assurance processes.
Minor updates or improvements that do not materially affect participants may be introduced without specific notification.
15.2 Service Termination Rights
You or we may terminate our relationship with appropriate notice where continued service provision becomes unfeasible or inappropriate. CAAD may terminate Services immediately for:
(a) material breach of these Terms following written notice and reasonable opportunity to remedy where such remedy is possible;
(b) professional misconduct, misuse of Services, or conduct inconsistent with professional standards or ethical obligations;
(c) changes in professional registration status that affect eligibility or create liability concerns;
(d) circumstances affecting Service quality, safety, or professional standards that cannot be reasonably remedied; and
(e) repeated violations of intellectual property provisions, confidentiality obligations, or acceptable use requirements.
15.3 Consequences of Termination
Upon termination of our relationship with you, your account access is immediately suspended, ongoing mentorship and support services cease, and further Service delivery ends. However:
(a) completed educational work provided prior to termination remain available to Participants for the specific cases involved, subject to ongoing IP Rights (refer to the “Intellectual Property” clause below) and confidentiality restrictions;
(b) confidentiality obligations, professional responsibilities, and IP Rights restrictions continue indefinitely beyond Service termination;
(c) payment obligations for Services provided prior to termination remain due and payable according to original terms; and
(d) dispute resolution procedures and governing law provisions continue to apply to matters arising from the terminated Service relationship.
16. Availability
We will use our best endeavours to ensure that our Services are accessible on a continuous basis, 24 hours a day, seven days a week. However, we may, without notice, suspend all or part of any access to our Services immediately, including for the purpose of undertaking maintenance and updating of our Services, and in cases of emergency to prevent loss or damage to any person.
While we use reasonable endeavours to ensure continuous Service access, we are not liable for any Loss arising from Service unavailability, access restrictions, or technical difficulties. This limitation recognises that complex educational and technological services involve inherent risks of interruption due to factors including internet connectivity, third-party service dependencies, and the technical complexity of integrated educational platforms.
17. No Interference
You agree that you will not:
(a) use our Services in any way that could damage our reputation or goodwill;
(b) permit any person to access and use our Services other than in accordance with these Terms;
(c) disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of our Services by you or any other person;
(d) except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
(i) reproduce, make error corrections to or otherwise modify or adapt our products or Services or create any derivative works based upon our Services, except as permitted by these terms; or
(ii) decompile, disassemble or otherwise reverse engineer our Products or Services or permit or facilitate any third party to do so;
(e) when accessing and using our products and Services:
(i) attempt to undermine the security or integrity of our computing systems or networks or, where our Services are hosted or operated by a third party, the third party's computing systems and networks;
(ii) use, or misuse, our Services in any way which may impair its functionality, or the functionality of any other system used to deliver our Services, or impair the ability of any third party to lawfully use our Services;
(iii) attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which our Services are hosted or stored;
(iv) transmit, or input into our products or Services any information, data, files or other material that may damage any other person's computing devices or software, may be offensive, or which is in violation of any law (including material protected by copyright or trade secrets which you do not have the right to use);
(v) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver or operate our products and Services, except as is strictly necessary to use either of them for normal operation;
(vi) remove or modify any program markings or any notice of proprietary rights, including those of any third party;
(vii) use any automated processes or means to access our Services;
(viii) use any software or manual repetition that will or is likely to interfere with our Services; or
(ix) attempt to cause stress or detriment to the proper working of our Services, such as by:
(A) acting in any way likely to cause an unreasonable strain to the infrastructure of our Services;
(B) reloading or refreshing transaction pages more than once every 5 seconds; or
(C) requesting any page or section of our Apps more than 1000 times in aggregate in any 24-hour period.
18. Intellectual Property
You acknowledge and agree that we or our affiliates own all rights, title and interest, including Intellectual Property rights and moral rights (IP Rights) in and to all of our products and Services, including but not limited to our Course material, planning methodologies, software systems, educational content, protocols and training provided through CAAD Services, including any Content hosted or made available on or through our Services. Nothing in these Terms has the effect of, or should be construed as having the effect of, passing ownership of any such IP Rights, or those of any third party, to you or any other person whatsoever.
Participants are granted a revocable, conditional, limited, personal non-exclusive, non-transferrable licences to use CAAD IP Rights solely for personal use for the specific cases and purposes for which Services were engaged. This licensing arrangement permits:
(a) use of Course materials for personal learning and professional development in connection with Services received;
(b) application of clinical knowledge gained through mentorship services in Participants' professional practice subject to IP Rights restrictions;
(c) utilisation of treatment plans and planning reports as part of clinical records for specific patient cases involved; and
(d) implementation of knowledge received through Services for designated patient treatment, provided such use does not extend to distribution, reproduction, or commercialisation of CAAD IP Rights.
For the avoidance of doubt, the grant of rights in this clause does not constitute, and must not be relied on as, health or clinical advice, treatment recommendations or supervision. You acknowledge and agree that you remain solely and exclusively responsible for all clinical decisions, treatment planning, patient consent, and patient outcomes.
You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to our Services and whether created before or after the commencement of our agreement with you under these Terms) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
19. Professional Knowledge and Treatment Plans
Treatment plans, planning reports, and professional training provided by CAAD become part of the Participant's clinical records for the specific patient cases involved. Participants may use planning information for personal use for patient treatment but may not distribute, reproduce, or commercialise CAAD IP Rights. Clinical knowledge gained through mentorship services may be applied in Participants' professional practice but proprietary methodologies remain CAAD's IP Rights. CAAD provides educational support only and accepts no responsibility for clinical decisions, treatment outcomes, or patient care, which remain solely the Participant’s responsibility.
20. Third Party Sites and Content
Our Services may contain links to third party websites outside our control (Third Party Sites). Our Services may also make available to you Content hosted by Third Party Sites (Third Party Content). We take no responsibility for Content contained in any Third Party Sites, or any Third Party Content made available by us to you. We do not endorse any aspect of any Third Party Sites or Third Party Content. We provide links to Third Party Sites, or access to Third Party Content, for convenience only. You access and use all Third Party Sites and Third Party Content entirely at your own risk.
If you choose to purchase goods or services from a third party, including from a Third Party Site accessed from or through our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
21. Continued Development
You consent to us soliciting comments, information, requests, data, ideas, enhancement requests, recommendations, description of processes, or other information concerning our products and Services from you or any person (Feedback). We own all IP Rights in any Feedback and may use such Feedback for purposes related to our Services or the carrying out of services by us generally in our business activities without further approval or acknowledgement, and you hereby assign to us all IP Rights in any such Feedback.
22. Off-Site Conduct
It is a direct violation of these Terms for you to engage in an activity using information and Content obtained from our Services to contact, abuse, advertise, sell to, harass or harm any other person.
23. Consequences for Violation
If you violate these Terms in any way, you agree that we may in our sole discretion and without notice to you:
(a) take any legal action we may have available against you;
(b) block your use of our Services;
(c) suspend, deactivate, or delete your account/s on our Services; and/or
(d) disclose information about you and your use of our Services for investigation by any enforcement body for your unlawful activity.
You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case you consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.
24. Professional Standards and Regulatory Compliance
24.1 Clinical Responsibility and Regulatory Compliance
Participants acknowledge and accept complete clinical responsibility for all patient care, treatment decisions, and clinical outcomes. CAAD's Services constitute educational services only that supplements but never replaces Participants' own continuing education, professional judgment, clinical assessment, and treatment responsibility for its patients. All clinical decisions remain solely with the Participant or other treating practitioner, who must exercise appropriate professional judgment considering individual patient circumstances, clinical findings, regulatory requirements, and professional ethical obligations.
24.2 Professional Development and Competency
CAAD Services contribute to Participants' ongoing professional development and education. Services are designed to enhance clinical skills, expand treatment capabilities, and support evidence-based practice. Participants should maintain appropriate records of professional development activities for registration and accreditation purposes.
24.3 Professional Ethical Obligations
All Services must be utilised in accordance with professional ethical standards including:
(a) obtaining appropriate patient consent for all treatment modalities and approaches the subject of CAAD Services;
(b) ensuring treatment remains within the Participant's recognised scope of competence and professional qualifications;
(c) maintaining appropriate record-keeping standards for all patient interactions and treatment decisions the subject of CAAD Services;
(d) preserving professional integrity through honest, transparent, and ethical use of educational resources and professional training; and
(e) complying with all AHPRA codes of conduct, professional standards, and regulatory requirements applicable to dental practice and continuing professional development.
25. Limited Commercial Warranties
Subject to law, we provide Services on an 'as is' and 'as available' basis. To the greatest extent permitted by law, we make no representations and provide no warranties or guarantees, whether express or implied, including warranties of merchantability or fitness for particular purposes. We do not warrant that Services will be error-free, uninterrupted, or meet specific outcomes or expectations.
26. Professional and Educational Disclaimers
We make every effort to ensure our Services are accurate, authoritative, and suitable for your ongoing professional education. However, clinical practice involves complex individual circumstances, and we cannot guarantee specific outcomes or results from engaging with our Services. Professional education must be evaluated considering individual circumstances and professional judgment. Your success in applying knowledge obtained through our Services depends on numerous external factors including individual skill, patient circumstances, practice conditions, and professional competency.
27. DISCLAIMER
OUR PRODUCTS AND SERVICES ARE DELIVERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, SUBJECT TO ALL LATENT AND PATENT DEFECTS (IF ANY). IN THIS CONTEXT, WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
TO THE GREATEST EXTENT PERMITTED BY LAW:
(a) WE MAKE NO REPRESENTATIONS, AND WE DO NOT GIVE ANY WARRANTIES OR MAKE ANY GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING BUT NOT LIMITED TO LEGAL, FINANCIAL, OR BUSINESS PURPOSES, WHETHER OR NOT SUCH USE OR PURPOSE IS DESCRIBED BY YOU TO US OR OUR REPRESENTATIVES PRIOR TO THESE TERMS TAKING EFFECT; AND
(b) ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THESE TERMS AND CONDITIONS IS EXCLUDED.
ALL DUE CARE IS TAKEN IN ENSURING THAT OUR PRODUCTS AND SERVICES ARE FREE OF ANY VIRUS, WORM, TROJAN HORSE AND/OR MALWARE, HOWEVER WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DEVICE WHICH ARISES IN CONNECTION WITH YOUR USE OF OUR SERVICES OR ANY THIRD PARTY SITE.
WE UNDERTAKE TO TAKE ALL DUE CARE WITH ANY INFORMATION WHICH YOU MAY PROVIDE WHEN ACCESSING OR USING OUR PRODUCTS AND SERVICES AND TO PRESERVE SUCH INFORMATION IN A SECURE MANNER IN ACCORDANCE WITH OUR PRIVACY POLICY. WE, HOWEVER, DO NOT WARRANT AND CANNOT ENSURE THE SECURITY OF ANY INFORMATION WHICH YOU MAY PROVIDE AND INFORMATION YOU TRANSMIT TO OUR SERVICES IS ENTIRELY AT YOUR OWN RISK.
FROM TIME TO TIME, WE MAY HOST THIRD PARTY CONTENT ON OUR SERVICES. RESPONSIBILITY FOR THE CONTENT OF SUCH MATERIAL RESTS WITH THOSE THIRD PARTIES AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH MATERIAL OR ANY DAMAGE CAUSED EITHER DIRECTLY OR INDIRECTLY BY THEM.
WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT THE PRODUCTS AND SERVICES WE OFFER AND THE LIKELY OUTCOMES OF USING OUR CONTENT. HOWEVER, THERE IS NO GUARANTEE THAT YOU WILL ACHIEVE THE RESULTS YOU EXPECT. YOUR SUCCESS IN USING ANY OF OUR PRODUCTS OR SERVICES DEPENDS ON EXTERNAL FACTORS, AND WE ARE NOT LIABLE FOR ANY FAILURE TO ATTAIN EXPECTED RESULTS OR FOR ANY OTHER REASON. BY PROCEEDING, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.
FURTHER, YOU WARRANT THAT YOU HAVE NOT RELIED ON ANY TESTIMONIALS PUBLISHED BY US IN MAKING A PURCHASE FROM US AND YOU HAVE UNDERTAKEN YOUR OWN INVESTIGATIONS AND ENQUIRIES TO SATISFY YOURSELF WITH RESPECT TO THE SUITABILITY OR OTHERWISE OF OUR PRODUCTS OR SERVICES FOR YOUR OWN PERSONAL PURPOSES.
28. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
(A) YOU PURCHASE AND USE OUR PRODUCTS AT YOUR OWN RISK AND EXPENSE;
(B) YOU ACCESS, PARTICIPATE IN AND USE OUR SERVICES AT YOUR OWN RISK AND EXPENSE;
(C) YOU ARE SOLELY RESPOBSIBLE FOR YOUR OWN ACTS, OMMISSIONS, PROFESSIONAL JUDGMENT, AND CLINICAL DECISIONS MADE IN CONNECTION WITH, OR FOLLOWING, PARTICIPATION IN OUR SERVICES;
(D) YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE; AND
(E) WE PROVIDE EDUCATIONAL AND MENTORSHIP SERVICES ONLY, AND WE DO NOT PROVIDE HEALTH OR CLINICAL SERVICES, TREATMENT OR ADVICE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
(A) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
(B) THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;
(C) ANY CLINICAL OUTCOMES, PATIENT TREATMENT RESULTS, OR PROFESSIONAL CONSEQUENCES RESULTING FROM YOUR APPLICATION OF KNOWLEDGE OBTAINED THROUGH OUR SERVICES;
(d) YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS;
(ii) ANY CONTENT, STATEMENTS OR INFORMATION PROVIDED, HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;
(E) OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT FUNCTIONING AS YOU EXPECT;
(F) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
(G) ANY BREACH OF THESE TERMS BY YOU, OR ANOTHER RPERSION, PROFESSIONAL STANDARDS, OR REGULATORY REQUIREMENTS APPLICABLE TO YOUR PRACTICE OR SERVICE PARTICIPATION.
TO THE GREATEST EXTENT PERMITTED BY LAW, IN NO CIRCUMSTANCES WILL OUR LIABILITY EXCEED THE TOTAL OF ALL MONIES PAID BY YOU TO US IN CONNECTION WITH YOUR PURCHASE OF OUR PRODUCTS, OR YOUR ACCESS TO, OR USE OF, OUR SERVICES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN RELATION TO PRODUCTS OR SERVICES SOLD BY US, OUR LIABILITY UNDER IS LIMITED TO, AT OUR DISCRETION:
(A) RE-SUPPLYING OR REPAIRING PRODUCTS OR SERVICE; OR
(B) SUPPLYING EQUIVALENT PRODUCTS OR SERVICE; OR
(C) REFUNDING THE RELEVANT AMOUNT/S PAID BY YOU TO US.
TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS OF PROFIT, LOSS OF GOODWILL, LOSS OF OPPORTUNITY AND/OR ANY SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY OTHER PERSON, WHETHER DIRECTLY OR INDIRECTLY RELATED TO YOUR DEALINGS WITH US, OR OTHERWISE.
WE MAKE EVERY EFFORT TO ENSURE THAT OUR PRODUCTS AND SERVICES ARE ACCURATE, AUTHORITAIVE AND FIT FOR THE USE OF OUR CUSTOMERS. HOWEVER, WE TAKE NO RESPONSIBILITY WHATSOEVER FOR THE SUITABILITY OF THE PRODUCT OR SERVICE, AND WE PROVIDE NO WARRANTIES AS TO THE FUNCTION OR USE OF THE PRODUCT OR SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
YOU AGREE TO INDEMNIFY US AGAINST ALL LIABILITIES, CLAIMS, DEMANDS, EXPENSES, ACTIONS, COSTS, DAMAGES, OR LOSS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS AND ANY CLAIM BY A PATIENT OR THIRD PARTY RELATING TO YOUR PROFESSIONAL PRACTICE, TREATMENT, OR APPICATION OF KNOWLEDGE OBTAINED THROUGH OUR SERVICES.
FURTHERMORE, WE SHALL NOT BE LIABLE TO YOU OR ANY PARTY FOR CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS OR ANTICIPATED BENEFITS WHETHER ARISING UNDER TORT, CONTRACT, NEGLIGENCE OR OTHERWISE WHETHER OR NOT FORESEEN, REASONABLY FORESEEABLE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
29. INDEMNITY AND RELEASE
29.1 INDEMNITY
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL AT ALL TIMES INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT, OR PROCEEDING MADE OR BROUGHT BY ANY PERSON AGAINST ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
(A) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
(B) YOUR USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES;
(C) ANY CLINICAL OUTCOMES, PATIENT TREATMENT RESULTS, OR PROFESSIONAL CONSEQUENCES RESULTING FROM YOUR APPLICATION OF KNOWLEDGE OBTAINED THROUGH OUR SERVICES;
(d) YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS;
(ii) ANY CONTENT, STATEMENTS OR INFORMATION PROVIDED, HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;
(E) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU; AND
(F) ANY BREACH OF THESE TERMS BY YOU, OR ANOTHER PERSON, OR BREACH OF PROFESSIONAL STANDARDS, OR REGULATORY REQUIREMENTS APPLICABLE TO YOUR PRACTICE OR SERVICE PARTICIPATION.
29.2 RELEASE
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU RELEASE US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR LOSS (AS THAT TERM IS DEFINED IN THESE TERMS) IN RELATION TO THE FOLLOWING MATTERS:
(A) ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU, OR ANY OTHER PERSON;
(B) THE USE, NON-USE OR MISUSE OF OUR PRODUCTS OR SERVICES BY YOU, OR ANY OTHER PERSON;
(C) ANY CLINICAL OUTCOMES, PATIENT TREATMENT RESULTS, OR PROFESSIONAL CONSEQUENCES RESULTING FROM YOUR APPLICATION OF KNOWLEDGE OBTAINED THROUGH OUR SERVICES;
(d) YOUR RELIANCE, OR THE RELIANCE BY ANY OTHER PERSON, ON:
(i) ANY CONTENT CONTAINED WITHIN OUR PRODUCTS;
(ii) ANY CONTENT, STATEMENTS OR INFORMATION PROVIDED, HOSTED OR MADE AVAILABLE THROUGH OUR SERVICES;
(iii) ANY STATEMENTS OR INFORMATION PROVIDED BY ANY THIRD PARTY NOT ACTING ON OUR BEHALF ON OR THROUGH OUR SERVICES;
(E) OUR PRODUCTS OR SERVICES FAILING, MALFUNCTIONING, OR NOT BEING AS YOU EXPECT;
(F) ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS BY YOU, OR ANY OTHER PERSON; AND
(G) ANY BREACH OF THESE TERMS BY YOU, OR ANY OTHER PERSON, OR BREACH OF PROFESSIONAL STANDARDS, OR REGULATORY REQUIREMENTS APPLICABLE TO YOUR PRACTICE OR SERVICE PARTICIPATION.
30. Reporting
If you encounter any content on our Services that you find offensive and which you believe violates these Terms, please report the content to us by e-mailing caadeducation@gmail.com. So that we can efficiently deal with your report, please ensure that your report:
(a) states the reason for your concern/s; and
(b) clearly identifies the content by providing:
(i) a description of it; and
(ii) a link to the specific page, post or content (if applicable).
31. Confidentiality
You agree to keep confidential all Content hosted or made available on or through our Services.
If you receive or encounter any information which a reasonable person would consider to be confidential in nature, you agree to contact us immediately at caadeducation@gmail.com.
32. Notices and Notifications
We may send or issue notices to you from time to time:
(a) through the user interface on our Services; and/or
(b) by email.
You consent to receiving notices by the above means. We take no responsibility for any failure of delivery of any notice or notification to you for any reason whatsoever.
33. General
33.1 Disputes
Except as permitted by law, in the event of a dispute between you and us, or between you and any other person using our Services, you must:
(a) notify us of the dispute by emailing us at caadeducation@gmail.com;
(b) provide us with full and complete details of the dispute;
(c) providing such supporting information or documents as we reasonably request; and
(d) act reasonably and in good faith with the other parties to the dispute in order to resolve the dispute amicably without formal legal action.
33.2 Entire Agreement
These Terms contain the entire agreement between the parties about its subject matter. Any previous representation, understanding, arrangement, agreement, or warranty relating to that subject matter is superseded by these Terms.
33.3 Jurisdiction
This Agreement is governed by the laws of the State of Victoria, Australia and each party submits to the non-exclusive jurisdiction of the courts of Victoria.
33.4 Severability
Any provision of these Terms that is illegal, void or unenforceable will be read down or severed so as to preserve the remainder of these Terms which will continue in full force and effect.
31.5 Waiver
A failure or delay in the exercise or enforcement of any right, power or remedy available by law or under these Terms by any party will not in any way preclude, or operate as a waiver of, any exercise or enforcement of that or any other right, power or remedy. All waivers must be expressly given in writing to be effective and binding. No waiver of a breach of any provision of these Terms will operate as a waiver of another breach of that provision or of a breach of any other provision of these Terms.
34. Rules of Interpretation
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in these Terms.
The following rules also apply to the interpretation of these Terms, except where the context otherwise requires:
(a) the singular includes the plural and vice versa;
(b) words of any gender include all genders;
(c) alternate grammatical forms of a defined term have a corresponding meaning;
(d) a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to these Terms;
(e) a reference to a document includes the document as novated, varied, or substituted from time to time;
(f) a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity;
(g) a reference to a party is a reference to a party to these Terms and includes the party’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
(h) a reference to two or more persons is to any of them together and each of them individually;
(i) a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
(j) ‘including’ and similar expressions do not limit the generality of any provision of these Terms;
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of it;
(l) a reference to $, AUD, dollar, or $ is to Australian Dollar (AUD); and
(m) headings and table of contents are for ease of reference only and do not affect interpretation.