TERMS AND CONDITIONS - DENTAL MASTERY ACADEMY

Effective date: from May 2024

 

This document sets out the terms and conditions which apply to participation in DMA’s courses. By submitting an Enrolment Application or otherwise participating in a Course, the Student agrees that they have read, understood and will be bound by these Terms.

1. Dictionary

In these Terms, the words below have the following meanings:

Agreement has the meaning provided to it in clause 2.3.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.

Business Day means any day except a Saturday, Sunday or public holiday in New South Wales.

Consequential Loss means:

(a) loss of reputation, loss of revenue, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity; and

(b) any special, indirect or consequential loss.

Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.

Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.

Cooling Off Date means the date any cooling off period ends, as set out in the Enrolment Application.

Course means the course set out or otherwise described in the Enrolment Application.

Course Materials means the videos, audio recordings, articles, text, graphics, images, pictures and drawings together with any other training or educational information or materials supplied to the Student by DMA to use as part of the Course.

Course Services means the services provided by DMA in respect of the participation by the Student in the Course.

Default Rate means the interest rate which is fixed from time to time under Rule 36.7 of the Uniform Civil Procedure Rules 2005 (NSW).

DMA means Dental Mastery Academy Pty Ltd (ABN 23 665 239 510).

Due Date means any date by which payment of the Fees is required to be made by the Student, as described in clause 3.1. 

Enrolment Application means the application for enrolment submitted by the Student to DMA for DMA to supply to the Student the Course Services and Course Materials.

Enrolment Requirements means the experience, qualifications or other requirements which a Student must have in order to participate in the Course, as set out in the Enrolment Application.

Fees means the fees payable by the Student to DMA for the Course Services and the Course Materials, as specified in the Enrolment Application.

Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.

Lesson means a scheduled session or pre-recorded presentation during which the Course is taught to the Student.

Offer has the meaning provided to it in clause 2.1.

Payment Facility means any credit card, bank card, bank account or other payment facility, details for which are provided by the Student to DMA in connection with the payment of the Fees.

PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption. 

Policies means any policies which DMA notifies the Student of prior to the Student submitting the Enrolment Application for the Course.

Student means the Student named in the Enrolment Application.

Third Party Content means any Course Materials which are provided or developed by a person other than DMA.

Terms means these Terms and Conditions.

2. Formation of Agreement

2.1 The Student acknowledges and agrees that by submitting the Enrolment Application the Student has made an offer to DMA for DMA to supply it with the Course Services and Course Materials in accordance with these Terms and the Enrolment Application (Offer).

2.2 A Student must only submit an Enrolment Application if they meet the Enrolment Requirements.

2.3 An agreement will be formed between DMA and the Student in respect of the Offer upon the earlier of DMA:

(a) notifying the Student, either verbally or in writing, that it accepts the Student’s Offer and/or has enrolled the Student in the relevant Course;

(b) accepting, in full or part, payment from the Student for the Fees the subject of the Offer;

(c) the Student accepting performance of the Course Services or delivery of the Course Materials the subject of the Offer; or

(d) DMA otherwise confirming its acceptance of the Offer,

(Agreement).

2.4 The Agreement formed under clause 2.3 will comprise these Terms and the Enrolment Application.

2.5 DMA is not bound to accept any Offer and may not accept any Offer or decline to enrol a Student in a Course for any reason and in the sole discretion of DMA without providing a reason.

 3. Fees and payment

 3.1 The Fees must be paid to DMA by the Student:

(a) by the due date set out in the Enrolment Application, which the Student acknowledges may be prior to the commencement of the Course; or

(b) if there is no due date for payment of the Fees specified in the Enrolment Application, no later than 24 hours prior to the commencement of the Course.

3.2 If the Student fails to make any payment by the Due Date (including if any payment via a Payment Facility is declined) and the Student has not remedied the failure to make payment within 7 Business Days of receiving notice of the failure to make payment, then, without prejudice to any other right or remedy available to DMA, DMA may, charge the Student:

(a) interest (both before and after any judgement) on the unpaid amount at the Default Rate, which interest will accrue and be chargeable from the first day on which such amounts become overdue until DMA receives payment of all such amounts (including all interest) by way of cleared funds; and

(b) any reasonable costs incurred by DMA in recovering the overdue amounts from the Student.

3.3 Without limiting DMA's rights under clause 3.2, if the Student fails to make any payment by the Due Date (including if any payment via a Payment Facility is declined) and the Student has not remedied the failure to make payment within 7 Business Days of receiving notice of the failure to make payment, then, without prejudice to any other right or remedy available to DMA, DMA may: (a) terminate the Agreement and cease providing the Course Services to the Student; or

(b) suspend the Agreement and the provision of the Course Services to the Student (and the Student’s access to any third party platform or service through which the Course Services or Course Materials are provided) until such time as the relevant outstanding amount is paid in full, with such suspension effective immediately upon DMA providing the Student with written notice of suspension.

4. Provision of Course Services and Course Materials

4.1 DMA will provide the Course Services and deliver the Course Materials to the Student during Lessons and in the manner:

(a) determined by DMA (including any published schedule of Lessons); or

(b) as otherwise notified to the Student by DMA.

4.2 The student acknowledges and agrees that:

(a) the Course Services and Course Materials may be provided through a third party platform or service and that, as a condition of using or accessing that third party platform or service, the Student may be required to agree to the third party’s terms and conditions in respect of that platform or service; and

(b) DMA may revoke the Student’s access to such platform or service if the Student has used the platform or service to facilitate a breach of these Terms (such as to sharing Course Materials.).

4.3 If a Student does not attend or access any Lesson then the Student must still pay the Fees and DMA will be entitled to treat the obligation to supply the Course Services in respect of that Lesson as having been satisfied.

4.4 The Student acknowledges and agrees that:

(a) DMA retains complete discretion regarding the Course and the Course Materials which will be made available and provided to the Student;

(b) the Course and Course Services may be provided at physical premises or via an online platform;

(c) DMA may at any time vary, modify or remove any Course Materials;

(d) DMA is not required to update the Course Materials;

(e) DMA is not required to provide any additional training, support or other assistance to the Student in relation to the Course Services, the Course or Course Materials;

(f) DMA is not a registered training organisation;

(g) completing or participating in the Courses or use of the Course Materials will not result in the Student obtaining any nationally recognised qualification or any other particular qualification or certification;

(h) subject to clauses 8.1 and 8.2, DMA does not provide any warranties that participation in the Course will have, or will help the Student achieve, any particular outcome, benefit or result for the Student;

(i) subject to clauses 8.1 and 8.2, DMA does not guarantee any particular outcome (including any clinical or surgical outcome) from the use of any procedures, techniques or other skills acquired, taught, demonstrated or learnt through participation in the Course or from using the Course Materials;

(j) completing the Course does not guarantee that the Student will be able to perform or execute the procedures, techniques or other skills which are taught or demonstrated as part of the Course and the Student (Techniques) may require further training or practice in order to be able to successfully perform or execute such procedures, techniques and skills;

(k) before using any of the Course Materials or performing or executing any Techniques, they must satisfy themselves that the Course Materials and Techniques are suitable and appropriate to be used in the relevant circumstances and the Student is responsible for any damage or loss which they may cause by using the Course Materials or Techniques;

(l) DMA does not guarantee or represent that completion of the Course will result in the Student being able to generate more revenue, or charge additional fees, as part of any dentistry business which they own or operate;

(m) subject to clauses 8.1 and 8.2, DMA does not provide any representation or warranty that the Course Materials will be complete, accurate, up to date or error free; and

(n) the Course Materials may contain Third Party Content and the Student further acknowledges and agrees that, subject to clauses 8.1 and 8.2, DMA makes no representations or warranties relating to the Third Party Content.

4.5 The Student must not make any defamatory, incorrect or false public statement about DMA, the Course or Andrew See.

5. Intellectual Property

5.1 The Student acknowledges and agrees that as between the Student and DMA, DMA owns all of the Intellectual Property Rights in the Course Materials, materials created as part of the Course Services and any other Intellectual Property Rights owned by or licensed to DMA (DMA IP) and nothing in these Terms or the Agreement grants the Student any ownership of, or rights in respect of, any DMA IP.

5.2 The Student agrees that it must not:(a) infringe the DMA IP or any Intellectual Property Rights of any other third party which exist in the Course Materials or materials created as part of the Course Services; and

(b) subject to clause 5.3, use the Course Materials or the DMA IP for any purpose other than participating in the Course and the Student’s own ongoing training and development.

5.3 DMA may provide the Student with certain Course Materials which DMA consents to the Student using as part of their dental practice and the Student acknowledges and agrees that:

(a) those Course Materials do not take into account the specific characteristics or requirements of the Student’s dental practice;

(b) subject to clauses 8.1 and 8.2, DMA does not provide any representation or warranty that those Course Materials will comply with applicable laws, be complete, accurate, up to date or error free; and

(c) before using those Course Materials, the Student should:

(i) ensure that the Course Materials take into account specific characteristics or requirements of the Student’s dental practice; and

(ii) seek their own legal advice regarding the suitability of those Course Materials for use in their dental practice.

5.4 Except as expressly permitted under these Terms, the Student must not:

(a) copy, reproduce, re-use, publish, communicate, adapt, create derivative works from or commercially exploit the Course Materials;

(b) distribute, rent, lease, lend, sell, licence or otherwise dispose of all or any part of the Course Materials;

(c) disclose to any person (including any person with whom the Student may work or study) any login, username or password which allows or enables the Student to access, view or download any of the Course Materials or any platform or service from which the Course Materials can be accessed, viewed or downloaded; or

(d) make any part of the Course Materials publicly available.

6. Use of image

6.1 The Student agrees, consents to and authorises DMA to film, record and/or photograph the Student’s image, likeness and voice (Image) during the provisions of the Course Services, and to the use and commercial exploitation of the Image (including reproduction of the Image in any audio, video, or photographic display or other transmissions, exhibition, publication or reproduction in any print or online medium) by DMA for all purposes including, but not limited to, marketing and promotional activities, without further authorisation by, or compensation or attribution to the Student on a perpetual, irrevocable and worldwide basis.

6.2 The Student may withdraw their consent under clause 6.1 at anytime by providing written notice to DMA.

7. Acknowledgements and Warranties

7.1 If an Offer has been accepted by DMA, the Student acknowledges that the Offer was accepted by DMA on the basis of, and in reliance upon, any information, representations, statements and documents provided by the Student.

7.2 The Student acknowledges that:

(a) the Course is made up of a number of Lessons and that, subject to these Terms, the Student is required to attend or download and view in full all of the Lessons; and

(b) the Student may not obtain the full benefit of the Course and the Course Services if they do not attend or download and view in full all of the Lessons.

7.3 The Student represents and warrants to DMA that:

(a) they meet the Enrolment Requirements;

(b) the information set out in the Enrolment Application and otherwise submitted by the Student to DMA is true and correct;

(c) it has satisfied itself that the Course and the Course Services are appropriate for the Student taking into account the needs, requirements and interests of the Student;

(d) it has considered the Student’s ability and suitability for the Course; and

(e) it has read and understood these Terms prior to making the Offer and agrees to be bound by them in full.

8. Liability

8.1 DMA acknowledges that if the Student is a Consumer then the Student may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods or Services supplied by DMA under the Agreement and nothing in these Terms or the Agreement should be interpreted as attempting to exclude, restrict or modify the application of any such rights.

8.2 If the Student is a Consumer and any goods or services supplied by DMA to the Student are non PDH Goods or Services, DMA’s liability to the Student in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at DMA’s discretion) to:

(a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and

(b) in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.

8.3 If the Student makes a claim against DMA in connection with the Agreement (including in connection with the Course Services, the Course or Course Materials) which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee and to the extent permitted by law, DMA’s total aggregate liability arising in connection with all such claims shall be limited to $10,000.

8.4 Subject to clauses 8.5 and 8.6, the Student’s total aggregate liability arising in connection with all claims DMA makes against the Student in connection with or arising out of these Terms shall be limited to $10,000.

8.5 Clause 8.4 does not apply in relation to any claim which DMA may make against the Student in respect of the Student’s obligation to pay the Fees (including any claim under clause 3.2).

8.6 Without limiting and subject to clauses 8.1 and 8.2, neither party shall be liable to the other party for any Consequential Loss.

9. Withdrawal of Student and termination by Student

9.1 The Student may withdraw from the Course and terminate the Agreement at any time by written notice to DMA.

9.2 If a Cooling Off Date is set out in the Enrolment Application and the Student provides written notice to DMA under clause 9.1:

(a) prior to the Cooling Off Date:

(i) DMA will refund to the Student any Fees already paid by the Student to DMA less any administration fee deducted under clause 9.2(a)(ii); and

(ii) DMA will be entitled to payment of a reasonable administration fee for costs incurred in administering the Student’s application and enrolment; or

(b) after the Cooling Off Date, subject to clause 9.4, DMA may retain all of the Fees and any Fees which have not yet been paid by the Student to DMA will immediately become due and payable.

9.3 If a Cooling Off Date is not set out in the Enrolment Application and the Student provides written notice to DMA under clause 9.1, subject to clause 9.4, DMA may retain all of the Fees and any Fees which have not yet been paid by the Student to DMA will immediately become due and payable.

9.4 If the Student wishes to withdraw from the Course and terminate the Agreement after the Cooling Off Date or where there is no Cooling Off Date and the Student believes there are special or extenuating circumstances then the Student may apply to DMA for relief and any grant of relief under this clause 9.4 will be at DMA's sole and absolute discretion without providing a reason.

10. Termination by DMA

Without limiting DMA's other rights under these Terms, DMA may terminate the Agreement with immediate effect by written notice to the Student:

(a) if the Student does not meet the Enrolment Requirements;

(b) at any time if DMA is prevented from providing the Course Services because of any event arising from, or attributable to, acts, events, omissions, accidents or circumstances beyond its reasonable control;

(c) if the Student has breached any material term of the Agreement (including these Terms) which is not capable of remedy;

(d) if the Student has breached a term of the Agreement (including these Terms) which is capable of remedy and has not remedied the breach within 10 Business Days after being required to do so by written notice from DMA;

(e) if the Student’s conduct or behaviour is unsatisfactory or detrimental to other students attending the Course or the employees or contractors of DMA; or

(f) in accordance with clause 3.3(a).

11. Termination by the Student

Without limiting the Student’s other rights under these Terms, the Student may terminate the Agreement with immediate effect by written notice to DMA:

(a) if DMA has breached any material term of the Agreement (including these Terms) which is not capable of remedy; or

(b) if DMA has breached a term of the Agreement (including these Terms) which is capable of remedy and has not remedied the breach within 10 Business Days after being required to do so by written notice from the Student.

12. Effect of termination

(a) Upon termination of the Agreement:

(i) subject to clauses 9.2(a) and 12(b), DMA may retain all of the Fees and any Fees which have not yet been paid will immediately become due and payable;

(ii) DMA is released from its obligations to provide the Course Services; and

(iii) each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.

(b) If the Agreement is terminated by DMA under clause 10(b) DMA will be entitled to retain Fees only in proportion to the amount of the Course which was conducted prior to the date of termination.

(c) Subject to clauses 8.1 and 8.2 and to the extent permitted by law, the refund of any amounts under clause 12(b) will be the Student’s sole remedy against DMA in respect of any termination of the Agreement pursuant to clause 10(b).

13 Re-enrolment

If the Student wishes to enrol in other courses or lessons after the completion of the Course the Student must complete an application for enrolment in that course or lessons by the date specified by DMA and in accordance with any other conditions specified by DMA.

14 Inconsistency

14.1 In the event of an inconsistency between any of the documents listed in clause 2.4, the following order of precedence shall apply to the extent of the inconsistency:

(a) the Enrolment Application;

(b) these Terms; and

(c) without limiting clause 14.2, any terms which are accepted by DMA in writing.

14.2 These Terms shall prevail over any Student terms and conditions, except to the extent specifically agreed by DMA in writing and any terms or conditions included in any document provided or issued by the Student will only be binding on DMA if expressly agreed by DMA in writing.

15. Miscellaneous

15.1 DMA may subcontract the performance of any of its obligations under these Terms without the Student’s consent provided that DMA remains responsible for performance of its obligations under these Terms notwithstanding any such subcontracting.

15.2 The Student must comply with the Policies.

15.3 In these Terms and the Agreement, unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.

15.4 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future.

15.5 If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.

15.6 These Terms are governed by the laws in force in New South Wales, and the Student and DMA submit to the non-exclusive jurisdiction of the courts of New South Wales.

15.7 The provisions of clauses 1, 3.2, 4.4, 4.5, 5, 6, 7, 8, 12, 13, 14 and 15 of these Terms survive the expiry or termination of the Agreement.

 

Contact Us

If you have any questions, concerns or complaints about these terms and conditions, please contact us:

• By email: [email protected]
• By visiting the Contact Us page on our website https://www.dentalmasteryacademy.com.au/contactus