Invisalign Australia - Terms Of Use ‎

This website is owned and operated by Invisalign Australia Pty Limited ACN 098 357 736 and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)) ("Invisalign").

Use of this website is subject to the following terms and conditions. By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions as they apply from time to time (the "Terms of Use").

If you do not agree with these Terms of Use, you may not use this website. This website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The terms "you", "your" and "yours" refer to you, the visitor to or user of the website. The terms "Invisalign", "we", "us" and "our" refer to Invisalign.

1. MEDICAL DISCLAIMER

All information contained on this website, including information relating to orthodontic, dental, medical and health conditions, and products and treatments, is for informational purposes only. This information should not be considered complete and is not intended to be used in place of a patient visit, call, consultation or advice of an orthodontist, dentist or medical professional, or any information contained on or in any product packaging or labels. Information obtained by using the website is not exhaustive and does not cover all orthodontic or dental procedures or treatments. The information on this website and any link to other sites is for informational purposes only and is not intended to provide medical advice for any specific medical condition you may have. This website does not create a doctor/patient relationship.

2. USE OF THE WEBSITE'S CONTENT

By visiting and using the website, you represent to us that you are at least 18 years old. Further, by visiting and using the website, you represent to us that, if you are under the age of 18, you have consent from a parent or legal guardian to do so, and that your parent or legal guardian has read and agreed to these Terms of Use. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE THE WEBSITE WITHOUT THE CONSENT OF A PARENT OR LEGAL GUARDIAN.

Subject to these Terms of Use, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to use the website for your personal use and not for resale or further distribution. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes use of the website, access to the website or any of the content accessible through the website. You agree not to copy or post on any networked computer, broadcast in any media, or to use, modify, distribute, publish, transmit or create derivative works of any material found on our website for any public or commercial purposes. You are not permitted to modify any materials from this website in any way.

Except as expressly provided above, nothing contained in this website will be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of Invisalign or any third party.

3. USER CONDUCT

You agree, among other things, not to use the website to:

• post or transmit any material that is unrelated to the subject matter of the website;
• violate or solicit the violation of any applicable local, state, federal or international law or regulation;
• violate the rights of any third party, including but not limited to intellectual property rights, contractual rights, and privacy or publicity rights;
• interfere with or disrupt the website, computer servers or boards accessible through the website;
• intentionally seek information on, obtain copies of or modify files or other data or passwords belonging to other users without permission; or harvest usernames, e-mail addresses or other personal information for any purpose;
• impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
• promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous; and
• engage in or facilitate the transmission of unsolicited mass mailing or spamming.

If you do use the website to commit any of the above, Invisalign may, at its sole discretion, immediately terminate your ability to use the website and prosecute you to the fullest extent allowed by law.

4. FEEDBACK AND CONTENT SUBMISSION

Any comments, feedback, information, suggestions, submissions or materials you submit through or related to this website (a "Submission") will be considered non-confidential by Invisalign. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Invisalign, have full responsibility for the Submissions, including their legality. By making a Submission, you agree you have the right to do so free of any claims from any third party, and agree to bear sole responsibility and liability for any claims related to such Submission. A user will not make a Submission unless he/she (and his/her parent or legal guardian) agrees to grant to Invisalign a worldwide, exclusive, perpetual, irrevocable, royalty-free, unconditional, fully paid right and license: (a) to make, have made, use, copy, reproduce, modify and to create derivative works of any Submission, and a non-exclusive right to use the name and likeness of any person mentioned or included in such Submission in connection with any use of the Submission and in connection with any derivative works that may be created from the Submission in any media, software or technology of any kind now existing or developed in the future, including the advertising thereof; (b) to publicly perform or display, import, broadcast, transmit, distribute (directly and indirectly through multiple tiers), license, offer to sell, and sell, rent, lease or lend copies of the Submission and derivative works thereof; and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, all without expectation of compensation, other than the right to access and use the website pursuant to these Terms of Use.

5. MODIFICATION AND TERMINATION OF WEBSITE

Invisalign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part of it) with or without notice. You agree that Invisalign will not be liable to you or to any third party for any modification, suspension or discontinuance of the website. Invisalign may also make improvements and/or changes in the products, services and/or the programs described in this website at any time without notice. However, Invisalign disclaims any responsibility to update, improve or change this website.

6. OTHER WEBSITES AND RESOURCES

Third parties using the website may provide links or access to other websites and resources. Because Invisalign has no control over such sites and resources, you acknowledge and agree that Invisalign is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Invisalign will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.

7. PRIVACY

We may collect registration and other information about you through the website. Our collection and use of this information is governed by our Privacy Statement available. The Privacy Statement also explains how your information is used and who has access to it.

Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

8. DISCLAIMER OF WARRANTIES

SUBJECT TO SECTION 10 BELOW, YOUR USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND FOR INFORMATIONAL PURPOSES ONLY. INVISALIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE WEBSITE AND WEBSITE CONTENT, AND YOU RELY ON THE WEBSITE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOADING OR ACCESSING OF ANY MATERIAL THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INVISALIGN OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

9. LIMITATION OF LIABILITY

SUBJECT TO SECTION 10 BELOW, THE MATERIAL ON THIS WEBSITE IS PROVIDED WITHOUT ANY GUARANTEES, WARRANTIES OR CONDITIONS TO ITS ACCURACY, TO THE FULLEST EXTENT PERMITTED BY LAW. INVISALIGN AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE, AND THEIR OFFICERS, DIRECTORS, SUBSIDIARIES, EMPLOYEES, AFFILIATES, AGENTS, PARTNER, SUCCESSORS AND ASSIGNS (THE “RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INVISALIGN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE WEBSITE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL THE RELEASED PARTIES TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, EXCEEDS THE SUM OF ONE HUNDRED DOLLARS ($100). THIS DOES NOT AFFECT INVISALIGN'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. CONSUMER GUARANTEES

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use. However, if a supply under these Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

• a. in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
• b. in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired

and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies set out in paragraphs (a) and (b) above.

11. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

Unless otherwise indicated, Invisalign owns the copyright and other intellectual property rights in the content of this website. Please don’t infringe those rights. While you may browse or print the content for your non-commercial or personal use, you must obtain our prior written permission if you’d like to use, copy or reproduce any part of the website for any other purpose. All trade marks appearing on this website belong to their respective owners.

12. COPYRIGHT/ INTELLECTUAL PROPERTY INFRINGEMENT

Invisalign respects the intellectual property rights of others, and requires you to do the same. It is the policy of Invisalign to terminate immediately the access privileges of those who infringe the copyright or intellectual property rights of others. If you believe that your work has been posted on the website in a way that constitutes copyright or other intellectual property infringement, please contact Invisalign at the address below and provide the following information: (1) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or intellectual property interest; (2) a description of the work that you claim has been infringed, and identification of the URL or other specific location on the website where the material that you claim is infringing is located; (3) your address, telephone number and e-mail address; (4) a statement by you that you have a good-faith belief that the disputed use is not authorised by the owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorised to act on the owner's behalf.

Email: copyrightagent@aligntech.com
Attention: Copyright Agent

13. INDEMNITY

You agree to indemnify and hold Invisalign, and the Released Parties, harmless from any costs, damages, expenses and liability (including reasonable legal fees), in connection with your use of the website or website content, your breach of these Terms of Use, or your violation of any rights of any third party.

14. NOTICES

Notices to you may be made via e-mail. Invisalign may also provide notices of changes to these Terms of Use or the website by displaying notices or links to notices to you generally on the website.

15. LEGAL DISPUTES

These Terms of Use and your relationship with Invisalign will be governed by the laws of the State of New South Wales. You and Invisalign agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

16. MODIFICATION OF AGREEMENT

We may amend these Terms of Use at any time by posting the amended terms on the website and you are responsible for regularly reviewing these Terms of Use. All amendments will automatically be effective 30 days after they are initially posted on the website. Your use of the website following the effective date of any modifications will constitute your binding acceptance of those modifications.

17. Case Assessment Feature

The Align Case Assessment Tool (“Case Assessment”) is a simulation tool intended for product training for doctors. Case Assessment is not developed or intended for use as a medical device, and not intended to support or provide recommendations to health care professionals about prevention, diagnosis, treatment, or mitigation of a disease or condition. Case Assessment shall not be engaged in rendering medical, clinical, or other health-related advice or services. Neither Align nor Case Assessment will interfere with your treatment or diagnosis decisions. If medical or other expert advice, service or assistance is required, the services of a competent medical professional should be sought. You are under no obligation to use Case Assessment. You shall use your own professional judgment to determine whether and how to proceed with the patient’s treatment, and shall be responsible for your clinical decision made or advice given as a result of the use of Case Assessment.

18. GENERAL

These Terms of Use constitute the entire agreement between you and Invisalign with respect to the website and supersede all prior agreements and understandings between you and Invisalign. Invisalign's failure to enforce any provision of these Terms of Use will not be construed as a waiver of any provision or right. In the event that a portion of these Terms of Use is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Sections 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14 15, and 18 of these Terms of Use will survive any termination of the Terms of Use.

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All rights reserved. Not to be reproduced without consent from Invisalign.